4. POSSESSION AND TRANSPORTATION OF CONCEALED WEAPONS
Carrying a Concealed Handgun Without a License on One's Person or Concealed in a
Vehicle
Pursuant to Penal Code section 12025, a person is guilty of carrying a concealed firearm
when he or she does any of the following:
• Carries concealed within any vehicle which is under his or her control, any pistol,
revolver, or other firearm capable of being concealed upon the person.
• Carries concealed upon his or her person any pistol, revolver, or other firearm
capable of being concealed upon the person.
• Causes to be carried concealed within any vehicle in which he or she is an occupant
any pistol, revolver, or other firearm capable of being concealed upon the person.
NOTE: A firearm carried openly in a belt holster is not considered "concealed" as it
applies to the above prohibition. (Penal Code § 12025(f).)
Section 12025 does not apply to or affect any of the following:
• Any citizen of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not prohibited from owning or
possessing firearms pursuant to Penal Code sections 12021 or 12021.1 or section
8100 or 8101 of the Welfare and Institutions Code, may carry, either openly or
concealed, anywhere within his or her place of business, or on private property
owned or lawfully possessed by him or her any pistol, revolver, or other firearm
capable of being concealed upon the person. A permit or license to purchase, own,
possess, keep, or carry is not required under these circumstances. (Penal Code
§ 12026.)
• The transportation or carrying of any pistol, revolver, or other firearm capable of
being concealed upon the person by any citizen of the United States over the age of
18 years who resides or is temporarily within this state, and is not within the
excepted classes prescribed by Penal Code sections 12021 or 12021.1 or Welfare
and Institutions Code sections 8100 or 8103, provided that the following applies:
- the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a
locked container in the vehicle other than the utility or glove compartment; and
California Firearms Laws 2006 33
- when the firearm is carried by the person to or from any motor vehicle for any
lawful purpose, the firearm must be contained in a locked container while being
physically carried. (Penal Code § 12026.1.)
Penal Code Section 12025 does not apply to or affect the lawful transportation or
possession of a firearm under specific circumstances, including, but not limited to, the
following:
• The transportation of a firearm by a person who finds the firearm in order to comply
with Article 1 (commencing with section 2080) of Chapter 4 of Division 3 of the
Civil Code as it pertains to that firearm and if that firearm is being transported to a
law enforcement agency, the person gives prior notice to the law enforcement
agency that he or she is transporting the firearm to the law enforcement agency.
(Penal Code § 12026.2(a)(17).)
• The transportation of a firearm by a person who finds the firearm, and is
transporting it to a law enforcement agency for disposition according to law, if he or
she gives prior notice to the law enforcement agency that he or she is transporting
the firearm to the law enforcement agency for disposition according to law.
Firearms must be transported unloaded and in a locked container and the course of
travel shall include only those deviations between authorized locations, as
necessary. (Penal Code §§ 12026.2(a)(17), (18) and (b).)
• The carrying of a pistol, revolver, or other firearm capable of being concealed upon
the person by a person who is authorized to carry that weapon in a concealed
manner pursuant to Article 3 (commencing with section 12050) of the Penal Code.
• Members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private, while
the members are using concealable firearms upon the target ranges.
• Authorized peace officers, retired peace officers, and retired federal officers or
agents as defined in Penal Code sections 830.1, 830.2, 830.5, 12027(a) and
12031(b).
• Licensed hunters or fishermen while engaged in hunting or fishing, or while going
to or returning from such hunting or fishing expeditions.
• The possession or transportation of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person as merchandise by a person who is
licensed in the business of manufacturing, repairing, or dealing in firearms.
• The carrying of unloaded pistols, revolvers, or other firearms capable of being
concealed upon the person by duly authorized military or civil organizations while
parading, or the members thereof when going to and from the places of meeting of
their respective organizations.
• Guards or messengers of common carriers, banks, and other financial institutions
34 California Firearms Laws 2006
while actually employed in and about the shipment, transportation, or delivery of
any money, treasure, bullion, bonds, or other thing of value within this state.
• Transportation of unloaded firearms by a person operating a licensed common
carrier or an authorized agent or employee thereof when transported in conformance
with applicable federal law.
Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not
carry or transport a loaded firearm. The firearm should be unloaded and placed in the
trunk of the vehicle, or if the vehicle has no trunk, placed in a fully enclosed secure locked
container other than the utility or glove compartment of a motor vehicle (Penal Code §§
12026.1, 12027.)
Licenses to Carry Concealed Weapons
A license to carry a pistol, revolver, or other firearm capable of being concealed upon the
person may be granted to qualified residents of a county by the sheriff or to qualified
residents of a city by the chief or other head of the municipal police department of that
city. Such licenses are issued only after a finding that the applicant is of good moral
character, that good cause exists for such a license, and the applicant is not prohibited from
possessing firearms. Unless otherwise restricted, such a license is valid throughout the
state. Such a license may be valid for any amount of time not to exceed two years from the
date of issuance, unless issued to a judge or magistrate (valid for up to three years) or
specified custodial employees or reserve peace officers (valid for up to four years). (Penal
Code § 12050.)
A license to carry a pistol, revolver, or other firearm capable of being concealed upon the
person may be granted by the sheriff of a county to an applicant who spends a substantial
amount of time employed within that county. Such a license is valid only in the county
issued and is valid for any period of time not to exceed 90 days from the date of issuance.
(Penal Code § 12050.)
Where the population of the county is less than 200,000 persons, the licensing authority
may issue a license to carry a pistol, revolver, or other firearm capable of being concealed
upon the person, loaded and exposed. (Penal Code § 12050.)
If a California licensee has a need to travel armed in another state, he or she should contact
authorities in the other state prior to leaving to determine if the license will be honored.
California Firearms Laws 2006 35
5. LOADED FIREARMS
Loaded Firearms in a Public Place
It is unlawful to carry a loaded firearm on one’s person or in a vehicle while in any public
place, on any public street, or in any place where it is unlawful to discharge a firearm.
(Penal Code § 12031(a)(1).)
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any
manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip
thereof attached to the firearm. A muzzle-loading firearm is deemed loaded when it is
capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Penal
Code § 12031(g).)
For the purposes of Penal Code section 12023 (commission or attempted commission of a
felony while armed with a loaded firearm), a firearm is deemed loaded when both the
firearm and the unexpended ammunition capable of being discharged from the firearm are
in the immediate possession of the same person.
It is unlawful for the driver of any motor vehicle, or the owner of any motor vehicle
irrespective of whether the owner is occupying the vehicle, to knowingly permit any
person to carry a loaded firearm in the vehicle in violation of Penal Code section 12031, or
Fish and Game Code section 2006. (Penal Code § 12034.) Also, see “Other Prohibited
Acts,” page 49.
In order to determine whether a firearm is loaded, peace officers are authorized to examine
any firearm carried by anyone on his or her person or in a vehicle while in any public
place, on any public street, or in any prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to these provisions is, in
itself, grounds for arrest. (Penal Code § 12031(e).)
Exceptions
The prohibition against possessing loaded firearms in a public place does not apply to:
• Any person hunting in an area where firearm possession and hunting is otherwise
lawful. (Penal Code § 12031(i).)
• Any person who carries a loaded firearm while engaged in the act of making or
attempting to make a lawful arrest, provided such possession is otherwise lawful.
(Penal Code § 12031(k).)
36 California Firearms Laws 2006
• Any person carrying a loaded firearm, if otherwise lawful, when he or she
reasonably believes his or her person or property is in immediate, grave danger and
that the carrying of the loaded firearm is necessary for preservation of the person or
property during the time interval following notification of the local law enforcement
agency when reasonably possible, and prior to the arrival of its assistance. (Penal
Code § 12031)(j)(1).)
• Any of the following persons, provided they meet all criteria for such exemption,
such as possession of special occupational licenses or completion of the required
firearms training provided for in Penal Code sections 12031(b), (c), and (d):
- Active or honorably retired peace officers.
- Members of the military forces of this state or the United States engaged in the
performance of their duties.
- Target shooters at target ranges and shooting club members while hunting on the
club premises, provided possession and use of the firearm is otherwise lawful.
- Holders of licenses to carry concealed handguns.
- Armored vehicle guards.
- Animal control officers or zookeepers.
- Guards or messengers of common carriers, banks, and other financial institutions.
- Guards of contract carriers operating armored vehicles.
- Private investigators, private patrol operators, and alarm company operators.
- Uniformed security guards or night watchpersons employed by any public agency.
- Uniformed security guards and uniformed alarm agents of an alarm company
operator.
- Uniformed employees of private patrol operators.
NOTE: Peace officers and honorably retired peace officers having properly endorsed
identification certificates may carry a concealed weapon at any time. Otherwise, these
exemptions apply only when the firearm is carried within the scope of the exempted
conduct, such as hunting or target shooting, or within the course and scope of assigned
duties, such as an armored vehicle guard transporting money for his employer. A person
who carries a loaded firearm outside the limits of the applicable exemption is in violation
of the law, notwithstanding his or her possession of an occupational license or firearms
training certificate. (Penal Code § 12031(b).)