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PC 25400 (a) creates the crime of “Carrying a Concealed Firearm” while a in a vehicle. (Note that 25400 is not limited to motor vehicles.)
However, PC 25610(a)(1) creates exemption from 25400 for transporting and carrying while in a motor vehicle. (I am not here concerned with outside the vehicle.)
However, if one leaves the concealable firearm unloaded and locked in a secure container inside the motor vehicle has a crime been committed? It seems that the overwhelming belief on CalGuns is there is none and I believe that to be true, but not because of the exception created by 25610.
I do not believe 25610 is relevant, since the gun is neither being transported not carried when one leaves it in the vehicle. It is stored. But when we revisit 25400,we see that it only criminalizes the act of carrying. Hence, unless some other statutory or case law makes it a crime to store a unloaded handgun in a locked container within a parked motor vehicle, where is the crime?
Perhaps someone knows of California law on storage of firearms in a motor vehicle. I do not. The only California law of which I am aware concerning firearms storage is that beginning with PC 25100 and following, but those secitions are limited to the storage of firearms on “premises”. I have looked at Massachusetts law which specifies the manner in which firearms are to be stored in motor vehicles, and the decision in one case makes it clear that under its law storage is distinct from carrying, including under a CCW, but that is a matter of Massachusetts statutory language.
25400. (a) A person is guilty of carrying a concealed firearm when
the person does any of the following:
(1) Carries concealed within any vehicle that is under the person'
s control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or
other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the
person is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
the person does any of the following:
(1) Carries concealed within any vehicle that is under the person'
s control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or
other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the
person is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
25610. (a) Section 25400 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with the provisions listed in Section 16580.
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with the provisions listed in Section 16580.
I do not believe 25610 is relevant, since the gun is neither being transported not carried when one leaves it in the vehicle. It is stored. But when we revisit 25400,we see that it only criminalizes the act of carrying. Hence, unless some other statutory or case law makes it a crime to store a unloaded handgun in a locked container within a parked motor vehicle, where is the crime?
Perhaps someone knows of California law on storage of firearms in a motor vehicle. I do not. The only California law of which I am aware concerning firearms storage is that beginning with PC 25100 and following, but those secitions are limited to the storage of firearms on “premises”. I have looked at Massachusetts law which specifies the manner in which firearms are to be stored in motor vehicles, and the decision in one case makes it clear that under its law storage is distinct from carrying, including under a CCW, but that is a matter of Massachusetts statutory language.
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