The other day the question arose as to what the rules are when it comes to transporting a firearm in your vehicle, or even to and from your vehicle to your home. As Fresno Criminal Attorney, I often represent clients who stand accused of improperly transporting firearms or improperly concealing firearms. Unfortunately, there is really no room for error. In Fresno, County, if you run into a Police Officer or Sheriff Deputy who is having a bad day, he or she can arrest you and cite you for either a misdemeanor or a felony if you happen to be, even unintentionally, violating the law when it comes to transporting a firearm. 
It is important to note that you are looking at a possible felony if the gun is loaded or the ammo is within your possession and the gun is concealed, but a misdemeanor violation if the gun is concealed, but unloaded and the ammo is not within your immediate presence. (Penal Code section 12025(b)6-(b)(7)) OK, so what are the rules?
The first rule is that you can only carry a firearm if it is unloaded and openly displayed on your person in a belt holster (Penal Code section 12025 (f)). That is the "open carry" provision in California law. A firearm may also be carried to and from your vehicle, but must be in a locked and sealed container. A locked container and sealed container means a fully enclosed container that is secured by some type of locking device (i.e. a padlock, combination lock, etc.) (Penal Code section 12026.1). Due to the complexity in the law when it comes to what is acceptable and what is not acceptable under the law when it comes to transporting a firearm, mistakes can and do happen. If you have been charged with transporting a firearm or carrying a loaded firearm improperly, it is imperative that you contact a knowledgeable Fresno Criminal Defense Lawyer.
Ok so how about carrying the gun in my trunk?, you might ask. So you can carry a firearm in your vehicle as long as it is unloaded and in the previously mentioned sealed and locked container. Or you can carry it unloaded and in your trunk. It is important to note that a locking glove box or utility compartment doesn't count. So if you have the gun in one of those utility compartments in the back of your SUV it may not qualify under the law. This does raise a conundrum, which is I can have an unloaded firearm in my locked trunk, but not in a sealed and locked container, but I'm violating the law if I carry that unloaded firearm to and from, say my place of business, to my vehicle without the gun being in a sealed and locked container. There is a possible exception which allows you to do that (see Penal Code section 12026.2 (6)); however, I prefer to live in the broad black and white area in my own life rather than in the shade of gray exception to the rule area. That is just my own preference.
As far as a firearm being loaded, the law provides that a gun is considered loaded if there is a live round attached in any way to the gun, such as in the chamber or in the clip which is attached to the gun. (Penal Code section 12031(g). Some people have raised the question whether ammo could be carried in the locked trunk with the firearm. Penal Code section 12031(g) seems to indicate that carrying the ammunition in the trunk would not make the firearm "loaded" under the law.
I hope this blog article is informative and provides some worthwhile information. If you or someone you know is facing any type of firearms violation charge, contact the Law Offices of Michael E. Mitchell, A Professional Corporation, today to speak with an experienced criminal defense attorney. (559) 222-2424.
