Loaded Firearms in Public

If you are new to owning a firearm you may not know what all of the rules are, including whether or not you are allowed to carry a firearm in public. Basically, it is illegal to carry a loaded firearm on your person or in any vehicle while in a public place, on a public street or in any area where it has been deemed unlawful to discharge a firearm.

It is also illegal for the person driving any type of vehicle to knowingly allow someone to get into his or her vehicle with a loaded firearm when in violation of the Penal Code 25850 or the Fish and Game Code section 2006.

Any peacekeeper is authorized to examine any firearm, to determine if that firearm is loaded, carried by anyone or in a vehicle while they are in a public place, on any public street or in any prohibited area of an unincorporated territory. Should a person refuse to allow a peace officer to examine a firearm based on the above provisions is grounds for arrest.

The Penal Code that prohibits a person from carrying a loaded firearm in public places does not apply to any one while they are in an area hunting, where hunting and possession is lawful, or while at a shooting range practicing with targets.

There are also exceptions, when it comes to certain occupations, to the prohibitions from carrying a loaded firearm in public. This includes authorized employees while participating in specified activities (Penal Code 26015 & 26030).

If at some point a person is prohibited from owning or possessing a firearm he or she can transfer his or her firearm(s) to a licensed firearms dealer for storage for the period of the prohibition, as long as the person’s prohibition will end, on a date that must be specified in a court order (Penal Code 29830).

Finally, be aware laws can and do change from state to state, so if you are moving or going to be taking your firearm across state lines it is imperative that you review the laws for any states you may be traveling through. Also, make sure you have the proper storage cases for your firearm(s) and ammunition.

Owning a firearm is a big responsibility and should not be taken lightly. Knowing the laws of what is and what is not allowed will help you be a responsible firearm owner.

 

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