Do Long Guns Have to Be Transported in Locked Gun Cases?

June 23, 2010

Question: I was told by a hunter education instructor that just like handguns, shotguns and rifles transported in vehicles must be in locked cases or in the trunk of your vehicle. However, I often see non-lockable rifle and shotgun cases for sale in stores in California. The law (Penal Code, section 12001) seems to indicate that if the barrel can be interchanged with one less than 16 inches in length, it is considered a firearm capable of being concealed upon the person. If this is so, then most – if not all – pump and semi-auto rifles must be locked up when being carried concealed in a vehicle to avoid violating the concealed weapons law (PC, section12025). What do you think? (Frank W., San Mateo)

Answer: According to the Department of Justice (DOJ) firearms website on transportation of firearms at ag.ca.gov/firearms/travel.php:

Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California PC, section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. Long guns that are classified as assault weapons have more stringent transportation requirements.

According to Hunter Education Instructor Blaine Nickens, this is addressed in a 2006 DOJ Information Bulletin (ag.ca.gov/firearms/infobuls/2006FD-06.pdf) and the definitions in the Penal Code state:

A handgun is any pistol, revolver or other firearm capable of being concealed upon the person that has a barrel length of less than 16 inches. The term also applies to any device that has a barrel length of 16 inches or more which is designed to be interchanged with a barrel less than 16 inches. (PC, section 12001(a)).

A shotgun or rifle must have an overall length of at least 26 inches and a minimum barrel length of 18 inches for a shotgun or 16 inches for a rifle. If not, it is prohibited under Penal Code sections 12020(c)(1) and 12020(c)(2), respectively.

Basically, if a firearm is manufactured as a pistol it must be transported and stored as one. If the barrel on a pistol is less than 16 inches on a pistol (like a Thompson-Center Contender) it is considered to be concealable and must be transported in a locked container.

We suggest you contact the DOJ Firearms Bureau for clarification at  (916) 263-4887 or ag.ca.gov/firearms/contact.php.