CA CCW Laws Cheat Sheet

[MudCamper]

For everyone's consideration and use, here is my California CCW laws cheat sheet:

http://tinyurl.com/caccwlaws

I will include a link to this thread, and the cheat sheet document in the Some LTC Resources sticky thread.

This is not meant to cover everything, as that is impossible. I want it to be short and sweet, but I do want to be 100% complete in at least listing all code sections relating to CCW license holders. So if I missed something, please let me know.

[MudCamper]

California Penal Codes: https://tinyurl.com/realcalaws

Other related CalGuns threads:

LTC Penal Code and FAQ

Definitive "Where can I carry in CA?" list (Legalities)

[Helmut]

PC 626.9 "School Zones": (c) (2) locked container on grounds, (c) (5) CCW OK within 1000 feet

Should this read NO CCW within 1000Ft?

[MudCamper]

Originally Posted by Helmut

PC 626.9 "School Zones": (c) (2) locked container on grounds, (c) (5) CCW OK within 1000 feet

Should this read NO CCW within 1000Ft?

CCW license holders are exempt from the 1000 feet zone:

(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:

(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.

CCW licensed carry used to be allowed in schools until just a few years back, when they limited it this way instead.

[9Cal_OC]

Originally Posted by Helmut

PC 626.9 "School Zones": (c) (2) locked container on grounds, (c) (5) CCW OK within 1000 feet

Should this read NO CCW within 1000Ft?

CCW is exempt from school zone (1000 feet rule)

[MudCamper]

How is this thread already rated one star? I just created it. And why?

[Helmut]

Originally Posted by MudCamper

How is this thread already rated one star? I just created it. And why?

It wasn't me.

[MudCamper]

Originally Posted by Helmut

It wasn't me.

Well you offered some constructive criticism, which I appreciate. But some people just like to down-vote without even giving their reasons I guess.

[9Cal_OC]

Originally Posted by MudCamper

How is this thread already rated one star? I just created it. And why?

Some people just want to watch the world burn

All kidding aside, I don’t think it’s you. Perhaps may be those who are disgruntled by CA’s stupid nonsense CCW laws

Keep up the good work though.

[MudCamper]

Originally Posted by 9Cal_OC

Some people just want to watch the world burn

There's definitely some truth to that.

Originally Posted by 9Cal_OC

All kidding aside, I don’t think it’s you. Perhaps may be those who are disgruntled by CA’s stupid nonsense CCW laws

Keep up the good work though.

Perhaps, and thanks. And maybe it's my editorializing about FUD. Might offend some. I could try and tone it down a bit.

[Djantlive]

what's the use of this doc?

you going to pull it out and argue with someone or LE about it? if it's concealed, they won't know. if you are in an incident, then better get a lawyer instead of a cheat sheet. any ccw holder would know where they can or cannot carry. it's part of the training.

[Djantlive]

what's the use of this doc?

you going to pull it out and argue with someone or LE about it? if it's concealed, they won't know. if you are in an incident, then better get a lawyer instead of a cheat sheet. any ccw holder would know where they can or cannot carry. it's part of the training.

[MudCamper]

Originally Posted by Djantlive

what's the use of this doc?

Mostly, to try and eliminate FUD (bad info), and to try and help educate. Also I like having one single place to find ALL relevant code sections on the topic.

Originally Posted by Djantlive

you going to pull it out and argue with someone or LE about it? if it's concealed, they won't know. if you are in an incident, then better get a lawyer instead of a cheat sheet. any ccw holder would know where they can or cannot carry. it's part of the training.

My CCW instructor spent a great deal of time telling us that under no circumstances whatsoever was it legal for CCW license holders to place their carry gun in the glove box of their car. He also told us a locked container could never be placed in the center console. Both of these things are incorrect.

Then I saw another CalGunner describe the same experience with his CCW instructor. So I became motivated to do this.

[MudCamper]

OK fixed my error re colleges. Thanks 9Cal_OC and Dvrjon.

[AtomicOrange]

Regarding PC 171b (a) carry in public building, I believe CCW is exempt. See PC 171b (b)(3).

Sent from my moto g(8) power using Tapatalk

[Djantlive]

if I were you, i would report your instructor to the issuing agency. that is totally unacceptable to give our false information.

luckily, my instructor is LE. i did some research before booking with the agency. there are definitely some bad ones out there. this training is so important that it can put you in jail or get you killed if it's not taught right.

Originally Posted by MudCamper

Mostly, to try and eliminate FUD (bad info), and to try and help educate. Also I like having one single place to find ALL relevant code sections on the topic.



My CCW instructor spent a great deal of time telling us that under no circumstances whatsoever was it legal for CCW license holders to place their carry gun in the glove box of their car. He also told us a locked container could never be placed in the center console. Both of these things are incorrect.

Then I saw another CalGunner describe the same experience with his CCW instructor. So I became motivated to do this.

[Vinnie Boombatz]

sub'd.

[DolphinFan]

I would argue;

25400 Unconstitutional no law between 1790-1869 to support it. Also don’t you don’t require government permission to exercise an enumerated right.

25850 “sensitive places” yes to everything but 1,000 around a school. Inside a school OK on the sidewalk, parking lot, street, outside the school, unconstitutional.

Just my $.02

[MudCamper]

Originally Posted by AtomicOrange

Regarding PC 171b (a) carry in public building, I believe CCW is exempt. See PC 171b (b)(3).

You are correct. Thanks.

https://leginfo.legislature.ca.gov/f...ectionNum=171b.

Now can I fit all this on to a single page...

There is also a huge sticky thread on the go-no-go topic right here: the Definitive "Where can I carry in CA?" list.

[MudCamper]

Originally Posted by DolphinFan

I would argue;

25400 Unconstitutional no law between 1790-1869 to support it. Also don’t you don’t require government permission to exercise an enumerated right.

25850 “sensitive places” yes to everything but 1,000 around a school. Inside a school OK on the sidewalk, parking lot, street, outside the school, unconstitutional.

Just my $.02

I would agree with you, that these laws are unconstitutional.

However, that is not the purpose of this thread, which is to identify all of the laws, unconstitutional as they may be, that a CCW license holder in California needs to know. Heck, my opinion is that requiring the license in the first place is unconstitutional. But my opinion ain't worth squat.

[MudCamper]

Originally Posted by Djantlive

if I were you, i would report your instructor to the issuing agency. that is totally unacceptable to give our false information.

I think that is unnecessary, and too harsh. Offering a counter opinion, with documentation to back it up, is more my style.

Originally Posted by Djantlive

luckily, my instructor is LE. ...

In my experience LEO are often the worst offenders at spreading FUD. If yours knows the laws well, he is an exception, and to be commended.

[WithinReason]

Thanks for all your work on this, MudCamper!

[MudCamper]

Originally Posted by WithinReason

Thanks for all your work on this, MudCamper!

You're welcome!

[Rickybillegas]

I add my thanks too

[tawadc95]

My take on the glove box being unacceptable is when the vehicle is unoccupied such as storing it to enter a non permissible environment.
I think the glove box is acceptable only while you are present in the vehicle or close enough to prevent access to the vehicle or it’s contents.
Not a lawyer but that’s my interpretation.

[Dvrjon]

Originally Posted by tawadc95

My take on the glove box being unacceptable is when the vehicle is unoccupied such as storing it to enter a non permissible environment.
I think the glove box is acceptable only while you are present in the vehicle or close enough to prevent access to the vehicle or it’s contents.
Not a lawyer but that’s my interpretation.

No need for an interpretation.
CA PEN 25140 is pretty specific.

25140.
(a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box.
[…]
(d) (1) As used in this section, the following definitions shall apply:

(A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.

But you can put your locked container inside the glove box where it is out of plain view.

[MudCamper]

Originally Posted by Dvrjon

No need for an interpretation.
CA PEN 25140 is pretty specific

But notice what word does not appear anywhere in PC 25140? "loaded" or "unloaded"

It does NOT prohibit you from leaving your CCW gun loaded in a locked container.

So here is my question. Is there any other law that prohibits you from leaving your CCW gun loaded in a locked container in an unattended vehicle? I can't find one yet. Most people would say 25860, but 26010 exempts CCW license holders from 25850.

Now some might argue that 26010 only exempts you from carrying, not "leaving unattended". But 25850 only makes carrying illegal, not "leaving unattended". And 25140 only makes "leaving unattended" illegal if not in a locked container. It does not prohibit loading.

Another thing I hear people say, without any code citation, is you have to be within some distance of your carry gun, or it must be under your control. Again, I've never seen a code citation to support this type of argument.

Looks like leaving it loaded in your car is legal, as long as it is in the trunk or a locked container. Am I wrong? If so, what code, exactly, could you be charged with?

[Irvine]

Thanks for taking the time to put this together, and updating it, MudCamper.

I'm in OC, when I added optics to 2 of my pistols, 2 different instructors both told me that I didnt have to do anything, but they were both wrong... I even showed the one the OCSD website, and he said it must be old... OCSD requirement is that you need to inform them of a modification to a firearm.

[MudCamper]

Originally Posted by Irvine

Thanks for taking the time to put this together, and updating it, MudCamper.

I'm in OC, when I added optics to 2 of my pistols, 2 different instructors both told me that I didnt have to do anything, but they were both wrong... I even showed the one the OCSD website, and he said it must be old... OCSD requirement is that you need to inform them of a modification to a firearm.

Yeah one huge caveat to all this is this:

26200 (a) A license issued pursuant to this article may include any reasonable restrictions or conditions that the issuing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which the licensee may carry a pistol, revolver, or other firearm capable of being concealed upon the person.

(b) Any restrictions imposed pursuant to subdivision (a) shall be indicated on any license issued.

So the issuing agency can have all kinds of crazy, or as they see it, reasonable, restrictions. But they do have to print them on the license. I should probably include this on the sheet.

[Dvrjon]

Originally Posted by MudCamper

But notice what word does not appear anywhere in PC 25140? "loaded" or "unloaded"

It does NOT prohibit you from leaving your CCW gun loaded in a locked container.

So here is my question. Is there any other law that prohibits you from leaving your CCW gun loaded in a locked container in an unattended vehicle? I can't find one yet. Most people would say 25860, but 26010 exempts CCW license holders from 25850.

Now some might argue that 26010 only exempts you from carrying, not "leaving unattended". But 25850 only makes carrying illegal, not "leaving unattended". And 25140 only makes "leaving unattended" illegal if not in a locked container. It does not prohibit loading.

Another thing I hear people say, without any code citation, is you have to be within some distance of your carry gun, or it must be under your control. Again, I've never seen a code citation to support this type of argument.

Looks like leaving it loaded in your car is legal, as long as it is in the trunk or a locked container. Am I wrong? If so, what code, exactly, could you be charged with?

CA PEN 25140 only pertains to "storage" of the firearm in the vehicle when the owner is away from the vehicle. It doesn't cover "transporting". If a CCW holder stores the firearm loaded in the container in the car and drives away, no crime occurs. If a non-licensee stores the firearm loaded in the container in the car and drives away, they are illegally carrying a loaded, concealed weapon.

The loaded/unloaded aspect wasn't addressed because Senator Hill (the Author) received input on the bill in June during recess suggesting that another,

"...issue of concern is the question of whether the gun may be stored loaded, or if the owner must unload the gun prior to storage.

Law enforcement and CCW holders are allowed to carry loaded guns in vehicles, but it is unwise to require the unloading of the gun prior to storage. To require unloaded storage, the individual would need to unload the gun within the confines of their vehicle and place it into storage. Then, upon return, reload the gun in those close confines. This dramatically increases the potential for accidental discharges within the vehicle. Even if no discharge occurs, the individual is now subject to observation by general citizens, which may result in a “man with a gun” call to local law enforcement".

Rather than specifying the gun could be loaded, the bill simply remained silent on the issue. This arguably allows loaded storage for all individuals under this section, but not transport.

It was also through this input that the bill gained the language which allows the handgun to be stored,

"...in a locked container that is permanently affixed to the vehicle’s interior and not in plain view."

This helped to clarify (for most) the long-discussed issue of using the vehicle "utility compartment" for storage. Basically, this acknowledged that after-market containers would not be the prohibited "utility container" in the vehicle by allowing a secure container to be placed into the utility compartment of glove compartment. An amendment in a later year provided for the use of a locked box in the bed of a pickup truck to be used.

[tawadc95]

MudCamper,
25140 (d)(E)(2) is what you are looking for about proximity to the vehicle…you need to be close enough to prevent unauthorized access.
25105(c) deals with the same issue but in the home.

[bootcamp]

So the glovebox in my wife's tesla is lockable via programable code, this qualifies as a locked container correct?

[Dvrjon]

Originally Posted by tawadc95

MudCamper,
25140 (d)(E)(2) is what you are looking for about proximity to the vehicle…you need to be close enough to prevent unauthorized access.
25105(c) deals with the same issue but in the home.

CA PEN 25105(c) only applies as an exemption from CA PEN 25100 which requires:

(2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm.

[Dvrjon]

Originally Posted by bootcamp

So the glovebox in my wife's tesla is lockable via programable code, this qualifies as a locked container correct?

Incorrect.

CA PEN 16850:

16850. As used in this part, “locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.

CA PEN 25140:

25140. (d) (1) As used in this section, the following definitions shall apply:

(A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.

[MudCamper]

Originally Posted by Dvrjon

CA PEN 25140 only pertains to "storage" of the firearm in the vehicle when the owner is away from the vehicle. It doesn't cover "transporting". If a CCW holder stores the firearm loaded in the container in the car and drives away, no crime occurs. If a non-licensee stores the firearm loaded in the container in the car and drives away, they are illegally carrying a loaded, concealed weapon.

The loaded/unloaded aspect wasn't addressed because Senator Hill (the Author) received input on the bill in June during recess suggesting that another,

"...issue of concern is the question of whether the gun may be stored loaded, or if the owner must unload the gun prior to storage.

Law enforcement and CCW holders are allowed to carry loaded guns in vehicles, but it is unwise to require the unloading of the gun prior to storage. To require unloaded storage, the individual would need to unload the gun within the confines of their vehicle and place it into storage. Then, upon return, reload the gun in those close confines. This dramatically increases the potential for accidental discharges within the vehicle. Even if no discharge occurs, the individual is now subject to observation by general citizens, which may result in a “man with a gun” call to local law enforcement".

Rather than specifying the gun could be loaded, the bill simply remained silent on the issue. This arguably allows loaded storage for all individuals under this section, but not transport.

It was also through this input that the bill gained the language which allows the handgun to be stored,

"...in a locked container that is permanently affixed to the vehicle’s interior and not in plain view."

This helped to clarify (for most) the long-discussed issue of using the vehicle "utility compartment" for storage. Basically, this acknowledged that after-market containers would not be the prohibited "utility container" in the vehicle by allowing a secure container to be placed into the utility compartment of glove compartment. An amendment in a later year provided for the use of a locked box in the bed of a pickup truck to be used.

Great info and history! Thank you!

[fastpowerstroker]

Originally Posted by MudCamper

For everyone's consideration and use, here is my California CCW laws cheat sheet:

http://tinyurl.com/caccwlaws

I will include a link to this thread, and the cheat sheet document in the Some LTC Resources sticky thread.

This is not meant to cover everything, as that is impossible. I want it to be short and sweet, but I do want to be 100% complete in at least listing all code sections relating to CCW license holders. So if I missed something, please let me know.

Very nice quick summary. Thanks Mudcamper!