Theodore Roosevelt, 1903

"Let us speak courteously, deal fairly, and keep ourselves armed and ready." - Theodore Roosevelt, 1903

Monday, October 27, 2014

California State Laws: Possession and Transportation of Concealed Weapons Without a License

Dear Readers,

Since some folks have written to ask about the possession and carrying a concealed weapon here in California, I figured that I'd give you the definition directly from the law itself.

This is per the State of California website:
CALIFORNIA FIREARMS LAWS

Possession and Transportation of a Concealed Weapon

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;

- 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 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.)

Editor's Note:

The above information is unedited as found in California Firearms Laws 2007 website
http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

Tom Correa

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