You do not need a CCW permit to have a firearm in your vehicle in California. For eligible people transporting handguns or other concealable firearms for the purposes specified in Sections 25510 to 25595, the exemption from the concealed-carry prohibition is in Penal Code Section 25610[1]. Violating these rules is a criminal offense under Penal Code Section 25400 (carrying a concealed firearm)[2] or Section 25850 (carrying a loaded firearm in a vehicle)[3].
The Three Requirements
For an eligible person transporting a handgun or other concealable firearm for a purpose specified in Sections 25510 to 25595, Section 25610 requires the following conditions to use its exemption from Section 25400.
- Unloaded: The firearm must be completely unloaded. No round in the chamber, no loaded magazine inserted into the firearm.
- Locked trunk or container. Within the vehicle, the firearm must be locked in the trunk or in a locked container as defined by Penal Code Section 16850[4]. A "locked container" means a fully enclosed container that is locked by a padlock, keylock, combination lock, or similar locking device.
- Not in glove compartment or utility compartment: Even if locked, the glove compartment and utility compartment of a vehicle do not qualify as locked containers under California law.
The Trunk Exemption: Penal Code Section 25610
Section 25610[1] permits an unloaded handgun or other concealable firearm to be locked in the vehicle’s trunk or in a locked container in the vehicle. Under Section 25610, you may transport an unloaded handgun or other concealable firearm in the locked trunk without an additional locked case. For vehicles without a trunk (SUVs, hatchbacks, trucks), Section 25610 permits the unloaded handgun or other concealable firearm to be in a locked container in the vehicle.
Ammunition
There is no specific statute requiring ammunition to be in a separate container from the firearm. However, loaded magazines may not be inserted into the firearm. The safest practice is to keep ammunition in a separate container or bag from the firearm. Loaded magazines may be transported in the same locked container as the firearm provided no ammunition is in or attached to the firearm.
Handguns vs. Long Guns
Section 25610 requires a locked trunk or locked container for transporting an unloaded handgun or other firearm capable of being concealed upon the person within a vehicle under its exemption. It does not impose that requirement on long guns generally. Some confusion arises because Penal Code Section 25400 (concealed firearm) applies specifically to handguns, while Section 25850 (loaded firearm in vehicle) applies to all firearms. In practice, all firearms should be transported unloaded and in a locked container to avoid any ambiguity.
What Qualifies as a Locked Container
- A locked hard-sided gun case (most common solution)
- A locked soft-sided case (if fully enclosed with a lock)
- A locked toolbox in the bed of a truck
- The locked trunk of the vehicle, as an alternative to a locked container under Section 25610
What does NOT qualify:
- The glove compartment (even if locked)
- The center console (even if locked)
- A utility compartment
- An unlocked case or bag
- Under the seat
Penalties for Violations
Carrying a concealed firearm in a vehicle without a CCW (Penal Code Section 25400) is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000. Carrying a loaded firearm in a vehicle in the public locations specified in Penal Code Section 25850 is a separate offense with its own penalties. Prior convictions or certain aggravating factors can elevate the charge to a felony.
Common Mistakes
- Placing a handgun in the glove compartment (does not qualify as a locked container)
- Leaving a loaded magazine inserted in the firearm (makes the firearm "loaded")
- Using an unlocked case (the container must actually be locked)
- Transporting in the passenger compartment of an SUV without a locked case
- Forgetting to unload before placing the firearm in the container