California Gun Storage Laws - 5 Key Questions Answered (2024)

According to the California Attorney General, the safest way to store a gun is with a state-approvedfirearm safety deviceand bykeeping the weapon in alocked container. Owners should also ensure that the firearm isnot loaded. Finally, people should store their guns and ammunition for these guns in different locations.

California gun laws further require owners to make sure that a gun is stored unloaded and in a place not accessible bychildrenand adults prohibited from possessing a gun. This is required perPenal Code 25100 PC. A violation of this statute can result in amisdemeanorcharge and lead to custody incounty jailfor up to one year. These penalties increase if the child/adult does access the gun and causes injury or death.

To legally store or transport ahandgun in a vehicle, the weapon must be:

• unloaded,
• locked in the trunk of the vehicle or in a locked container inside the vehicle, and
• apparent and not concealed inside the car or truck.

There are times when people get charged with a crime for the improper storage of a firearm. Note that defendants can contest a charge with a legal defense. A few common defenses include an accused showing that:

1. he/she safely stored a firearm in a locked container,
2. if an adult accessed the weapon, the person was not prohibited from possessing it, and/or
3. the law enforcement agency officers acted in violation of California search and seizure laws.

In this article, our criminal defense attorneys will answer the following 5 key questions:

• 1. What does California’s Attorney General recommend for proper gun storage?
• 2. What if children are present?
• 3. What about gun storage with an adult prohibited from possessing a firearm?
  • 3.1. Adults not able to possess a firearm
• 4. What is proper storage inside a vehicle?
• 5. Are there legal defenses to improper storage?

1. What does California’s Attorney General recommend for proper gun storage?

California’s attorney generalprovides several recommendations for safe storage of firearms in the hopes of reducing gun deaths and gun violence. These include for owners to:

1. store the gun with a State-approved firearm locking device on it (e.g., a trigger lock or a cable lock),
2. ensure that the weapon isnot loaded,
3. put it in a locked container (alock box or a gun safe), and
4. put the firearm storage in a different location than the ammunition.¹

2. What if children are present?

California law makes it a crime for a gun owner to:

1. store a loaded firearm ina home, or within an area of the owner’s control, and
2. do so when the owner knows, or should know, that achild could access itwithout a parent’s permission.²

This means if an owner knows that a child can access a stored gun, he/she should:

1. make certain that it isunloaded, and
2. store it in a place outside of thechild’s access (like a locked container with a combination lock or a key lock).

A violation of the above law is a misdemeanor offense. The crime is punishable by up to one year in county jail. This punishment will increase if a child accesses the weapon and causes harm,great bodily injury, or death.³

3. What about gun storage with an adult prohibited from possessing a firearm?

California law makes it a criminal offense for a firearm owner to:

1. store a loaded gun in ahome, or within an area of the owner’s control, and
2. do so when the owner knows, or should know, that a personprohibited from possessing a firearm under state law or federal law could access it.⁴

This means if an owner knows that an adult who cannot possess a firearm can get to the stored weapon, he/she should:

1. make certain that it isunloaded, and
2. store it in a place outside of theadult’s access(like in a locked container).

A violation of the above law is charged as amisdemeanor. The crime is punishable by up to one year in county jail.

Note that this punishment increases if an adult accesses the weapon and causes harm, great bodily injury, or death.⁵In such cases, the crime can be charged as afelonyand lead to custody instate prisonfor up to three years.

Questions often arise, under these laws, as to what adults are prohibited from possessing a firearm.

3.1. Adults not able to possess a firearm

The following people are generallyprohibited from acquiring or possessing a firearm in California:

• convicted felons,⁶
• persons who are addicted to narcotics,⁷
• persons with two or more convictions underPenal Code 417 PC, California’s law against brandishing a weapon,⁸
• persons convicted of certain misdemeanor offenses (such as a violation ofPenal Code 273.5 PC),⁹and
• certain persons who suffer from mental illness.¹⁰

Note that Californiared flag lawsalso allow coworkers, employers and teachers to seek restraining orders to remove firearms from the possession of potentially dangerous people.

Note too that if a person is prohibited from owning a firearm, he/she is also prohibited from owning ammunition.¹¹

4. What is proper storage inside a vehicle?

To store or transport a handgunlegally within a vehicle, itmust be:

• unloaded,
• locked in thetrunkof the vehicle or in alocked containerinside the vehicle, and
• apparent andnot concealedinside the vehicle.¹²

A gun owner has to follow these rules no matter if he/she is the driver or passenger in a car.

Note that the above rules apply tohandguns. There are different laws for transporting other kinds of firearms, such as:

• handguns that can be concealed,
• shotguns and rifles that cannot be concealed, and
• assault rifles.

For the laws on transporting these weapons, please see our article on “How to Legally Transport Firearms in California. For instance, long guns cannot be loaded while they are being transferred.

5. Are there legal defenses to improper storage?

Depending on the facts of the case, some people can get charged with a crime for the improper storage of a firearm.

Defense attorneys use different strategies toopposesuch charges. These include showing that:

1. the person kept the firearm in alocked container.
2. if a child accessed a firearm, he/she did so illegally.
3. while an adult may have accessed the firearm, he/she was not prohibitedfrom possessing it.
4. the defendant was arrested after anunlawful search and seizure.

If you have been charged with a criminal offense, we invite you to contact us for help at Shouse Law Group.

Go back to our California Gun Laws page to learn more about gun dealers, gun control, background checks, gun rights, gun ownership, self-defense, and the Second Amendment.

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