CCW while in the car?

[Gryff]

If you have a CCW and you are carrying a gun that is on your permit, can you place it in your center console or glove box?

I know these spots are considered prohibited for unloaded transport of a handgun, but a friend going through the CCW permitting process was told by his instructor that state law prohibits putting your loaded weapon in either of these spots. The instructor says that your permit permits you to carry on your person only.

[marcusrn]

I do carry in my console and oftimes have a gun by my right foot while driving, covered by fabric. Wat the hey, why wouldn't it be OK? It's my curtilage.

[Gryff]

Wat the hey, why wouldn't it be OK?

What he was told doesn't make any sense to me. The No Glove Box rule is about keeping a gun from being to readily accessible to the driver, but if the driver has a CCW, why would off-body accessibility be any different than on-body accessibility?

[tast101]

Our instructor told us, you can put it in your cupholder, your door, under dash holster or on the top of your dash if you really wanted to (Not the smart thing to do).

[tenemae]

Wat the hey, why wouldn't it be OK? It's my curtilage.

Curtilage is irrelevant when it comes to vehicles. It absolutely is illegal without a CCW. With a CCW it is allowed:

https://law.justia.com/codes/california/2022/code-pen/part-6/title-4/division-5/chapter-2/article-4/section-25655/

25655. Section 25400 does not apply to, or affect, 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 Chapter 4 (commencing with Section 26150).

CA PC 25400:
https://leginfo.legislature.ca.gov/f...ctionNum=25400.

Edit: This should have been posted under the forum "How CA Laws Apply to/Affect Me"

https://www.calguns.net/calgunforum/forumdisplay.php?f=349

[9Cal_OC]

Also, should be in the Concealed Carry forum.

https://www.calguns.net/calgunforum/showthread.php?t=1854410

https://www.calguns.net/calgunforum/showthread.php?t=1841531

https://www.calguns.net/calgunforum/showthread.php?t=1265237

[SkyHawk]

As long as you have a valid CCW and it is concealed and not available to another person, it is legal to carry it anywhere in your vehicle. There is no law that says it must to be carried on your body.

https://leginfo.legislature.ca.gov/f...ctionNum=25655.

[Double Phister]

If you have a CCW and you are carrying a gun that is on your permit, can you place it in your center console or glove box?

I know these spots are considered prohibited for unloaded transport of a handgun, but a friend going through the CCW permitting process was told by his instructor that state law prohibits putting your loaded weapon in either of these spots. The instructor says that your permit permits you to carry on your person only.

Those locations aren't prohibited. They just don't count as a locked container. IANAL but it's my opinion that you can place an unloaded firearm in a locked container then that locked container in a center console or glovebox regardless of CCW status.

[SpudmanWP]

I bought a thin rubber-covered magnet that is attached to the side of my center console above the shifter. it keeps the pistol handy without being obvious.

[Librarian]

As long as you have a valid CCW and it is concealed and not available to another person, it is legal to carry it anywhere in your vehicle. There is no law that says it must to be carried on your body.

https://leginfo.legislature.ca.gov/f...ctionNum=25655.

This.

Also note, that works only if you are alone in the car. If you have a passenger, and you leave the vehicle (say, to pump gas) it's likely that that passenger would have access to your gun, and that's a no-no.

[Bunnysloper]

I never take mine off body, even on long road trips. However, I?m of the understand that it is perfectly legal as CCW permit holder, as long as it?s concealed.


Sent from my iPhone using Tapatalk

[MudCamper]

This is a common misreading of the law. Let me quote myself:

One of the transporting exemptions to PC 25400 includes using a locked case (PC 25610) but it excludes the glove box of a car in the definition (PC 16850). So some assume that it is illegal for a license holder to place a licensed handgun in the glove box while driving. This is incorrect, as PC 25400 includes another completely separate exemption for license holders (PC 25655), and the glove box language does not apply to this exemption. The glove box language is merely part of the definition of a locked container.

[rplaw]

With a CCW, as long as it's within a space subject to your immediate control, it's lawful to conceal your weapon there. On body, off body, etc, it's all lawful.

Like anything, there are caveats. If you leave your concealed weapon where someone else has access to it, they could be considered in possession of a concealed loaded weapon even if they don't know.

Which means that if you carry off body (ladies - this means in your purse too) it should be where only you control access to the weapon. So, purses and backpacks on the passenger side floorboard or back seat when you have a passenger are out.

A couple of other examples of off body carry no-noes = never hang your purse or backpack on a chair while eating in public if it means someone else could get to it. Never secure/store your firearm in the car and swap cars with your spouse/etc without retrieving it before they drive away. Don't store your carry weapon in the console or glove compartment and leave the car to go pay for/pump gas, eat, etc. because it's no longer under your immediate custody/control.

[rplaw]

Those locations aren't prohibited. They just don't count as a locked container. IANAL but it's my opinion that you can place an unloaded firearm in a locked container then that locked container in a center console or glovebox regardless of CCW status.

Theoretically, this could get you prosecuted because the law makes no distinction between putting your firearm in a locked container before putting that into the console/glovebox and putting it directly in there without the lockbox.

It would be up to the DA whether to charge or not if it were discovered. Some jurisdictions won't even hesitate to charge you. Others won't bother.

[Brother_Hesekiel]

As SkyHawk pointed out, a CCW holder can have the gun anywhere in the car as long as it's concealed. It can even be under a shirt on the passenger seat. The one and only issue with the center console or glove box could arise if you have a passenger in the car who could access the gun in said places. That's would make this location a no-no.