Is it a crime for one to carry a concealed firearm within a vehicle that is under the control or direction?

California, United States of America


The following excerpt is from People v. Salgado, B282368 (Cal. App. 2018):

Section 25400(a)(1) makes it a crime for one to carry "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." California law also generally prohibits open carry of firearms outside the home. ( 25850, 26350.) However, there are numerous exceptions to these general prohibitions. For example, the prohibitions of sections 25400 and 25850 do not apply to active and retired "peace officers." ( 25450, 25900.) The prohibition of section 25400 also does not apply to carrying a gun within a locked container ( 25610), to and from a licensed target range ( 25540), or by an individual engaged in licensed hunting or fishing ( 25640), among other exceptions. (See Peruta v. County of San Diego (9th Cir. 2016) 824 F.3d 919, 925 (Peruta) [listing exceptions].) In addition, individuals with a license to carry a concealed firearm are expressly exempt. ( 25655.)

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