What You Should Know About Gun Storage Laws in CA

Note: California firearm laws change frequently. This article was updated to reflect current gun storage laws enacted on January 1, 2026. New changes to the law after this date may not be included.

Everytown Research estimates that an average of 150 people are killed in unintentional shootings by children. To minimize the dangers of children and individuals prohibited from using firearms accessing these dangerous weapons, California has enacted many laws specifying how they should be stored and transported.

While it’s always best to learn these laws ahead of time to avoid running afoul of the law, anyone facing criminal charges for the improper storage of a firearm should immediately contact a skilled criminal defense attorney.

Do Guns Have to Be Stored in a Safe in California?

As of 2026, California Penal Code 25145 (PC) requires all firearms not in use to be stored in a locked container, gun safe, or disabled with a firearm safety device. Antique firearms (defined under 921(a)(16) of Title 18 of the United States Code) and weapons that have been rendered permanently inoperable are exempt from this requirement.

More serious charges may apply if children live in the home or regularly visit. Under California Penal Code section 25100 (PC), it is illegal to leave a firearm where a minor is likely to gain access without their parent’s permission.

25100 (PC) similarly applies when individuals prohibited from possessing firearms are likely to gain access to the weapon, which could include anyone with a:

• Domestic violence conviction
• Felony conviction
• Gang crime conviction
• Hate crime conviction
• Restraining order against them
• Temporary gun violence restraining order under California’s red flag laws

As of January 1, 2026, Penal Code section 25135 (PC) specifically states a firearm owner may face charges if they live with someone prohibited from possessing firearms and fail to properly secure their weapon.

What Are the Penalties for Breaking CA Gun Storage Laws?

The severity of the charges varies greatly based on the specific circumstances of the crime. The most basic form of the crime is 25145 (PC), which is charged when children or people subject to gun bans are not likely to access the weapon. This offense is typically charged as an infraction. Penalties include:

• A $250 fine for a first offense.
• A $500 fine for a second offense.
• Up to one year in county jail and a $1,000 for third and subsequent offenses.

Criminal Storage of a Firearm in the Third Degree: 25100(c) (PC)

This charge can be filed when a firearm is improperly stored in a location where a child is likely to gain access to the firearm without their parent’s permission. It is punishable by up to six months in jail and $1,000 in fines.

Criminal Storage of a Firearm in the Second Degree: 25100(b) (PC)

When a child or an individual prohibited from possessing firearms accesses a firearm and causes injury or moves the firearm to a public place, the offense is more serious and charged as a misdemeanor, punishable by up to 1 year in jail and $1,000 in fines.

Criminal Storage of a Firearm in the First Degree: 25110 (PC)

First-degree charges will apply if a minor or an individual prohibited from using firearms accesses an unsecured gun and uses it to cause death or great bodily injury to themselves or another person. This crime is a wobbler, meaning it can be filed as a misdemeanor or felony.

As a misdemeanor, it is punishable by up to one year in jail and fines of up to $1,000. As a felony, the maximum sentence is three years in prison and up to $10,000 in fines. A defense lawyer may be able to convince the DA to file the charges as a misdemeanor, depending on the situation.

Keeping a Firearm in a Home Shared With an Individual Prohibited from Possessing Firearms: 25135 (PC)

Even if the individual never touches your gun, you still can be charged with this offense, which is punishable by up to one year in jail and $1,000 in fines.

Civil Penalties for Accidental Shootings

On top of the criminal penalties, a parent can face civil damages if their child injures or kills another person after accessing their firearm. State law caps damages at $30,000 per victim, with a maximum of $60,000 in total damages.

Arrests After a Child is Injured or Killed in an Accidental Shooting

Additionally, the prosecution must prove gross negligence if the gun owner’s child was killed due to the parents’ lax storage.

Fighting Charges Related to Firearm Storage

Your best defense will ultimately vary based on the specific charges and your unique circumstances.

Defenses for 25145 (PC)

Under 25145 (PC), you can only be charged with failing to store a weapon under the following conditions:

• Your firearm was not stored in a safe or locked with a firearm safety device, and
• You were not carrying the weapon, and
• The gun was not under your immediate control.

While this offense is only an infraction, you can still fight the fees in court if you believe the state lacks evidence that you met all three standards to prove these charges.

Defenses for 25100 (PC)

Under 25100 (PC), you cannot face more serious charges for an accidental shooting by a child or an individual prohibited from possessing firearms, as long as you:

• Had no reason to believe that the firearm was likely to be accessed by a minor who lacked parental permission or an individual prohibited from possessing firearms, or
• Were holding the weapon, or
• The gun was within your immediate reach, or
• Took reasonable steps to secure the weapon.

If your attorney can show that either fact is true, you cannot be charged for these more serious offenses. However, you could still face a fine for failing to secure your weapon if you did not properly store it under the law.

In fact, the law specifically prohibits prosecutors from filing charges under 25100 (PC) in cases where:

• The weapon was obtained through illegal entry into your home.
• The gun was kept in a locked safe.
• The weapon was secured with a locking mechanism.
• The firearm was carried by or in the immediate vicinity of the owner or an authorized user.
• The juvenile used the weapon in self-defense or to defend others.

As a result, there are many strong defenses to these charges. If you did not know a child or an individual prohibited from possessing firearms was going to visit your home, you can only be charged with a fine under 25145 (PC). Similarly,  you have an automatic defense if:

• Someone broke into your home.
• The gun was on your person or in your immediate vicinity when it was taken out of your control without your consent.
• You used a trigger lock.
• You kept the firearm in a locked gun safe.

Speak with a Lawyer

On the other hand, arguing that you trained your child in proper gun safety methods and believed they would not use the firearm in an unsafe manner could potentially be used against you. Because it is easy to say something that can be used against you, always have an attorney present if you have been accused of this crime.

Can you Store Guns and Ammo Together in California?

Yes. It is legal to store a loaded gun together with ammunition. However, every action you take to prevent unauthorized firearm access can keep your child safer and further your defense if a juvenile accesses the weapon.

While the California Attorney General recommends unloaded firearms be secured with a trigger lock and stored in a secured gun safe in a different location than the ammunition, you are not legally required to follow all of these suggestions to comply with the law. As long as you store your weapon in a safe or disable it with a firearm safety device, you may have a complete defense to these charges. 

Local Laws May Be More Strict

Note that cities and counties may make stricter rules than the state. Before California required all firearm owners to secure their items in safes regardless of whether a child or an individual prohibited from possessing firearms was likely to access the weapon, the City of San Diego had an ordinance requiring exactly that. La Mesa, Del Mar, Encinitas, and Solana Beach have similar laws, meaning you can face fines under city and state law if you improperly store your weapon in these areas.

Other cities may create their own ordinances requiring those who use a trigger lock device to store their weapons unloaded. Always stay up to date on local ordinances if you own a firearm.

Can You Keep a Gun in Your Glove Box in California? 25610 (PC)

No. California has very specific laws when it comes to how firearms are transported from one place to another, and these vary based on whether the weapon is a handgun, shotgun, rifle, or assault rifle. To take a handgun in your vehicle, for example, Penal Code 25610 (PC) requires you to store the firearm, locked and unloaded, in the trunk of your car or elsewhere in the vehicle, inside a locked container, such as a gun safe. You cannot store a firearm inside the glove box of your car.

If the vehicle does not have a fully enclosed trunk that is unlocked away from the passenger compartment, the weapon must be stored in a locked container. Note that trigger locks are not considered locked containers, so when transporting a gun in the car, you must still store the weapon in a trunk or lock box, such as a safe, even if you have a trigger lock in place.

For weapons that cannot be concealed, such as rifles or shotguns, the state does not require them to be stored in a locking container or gun rack unless the vehicle enters a school zone, defined as any area within 1,000 feet of a school. They still must be unloaded during transport.

Regardless of their size, assault weapons must be stored unloaded in a locked container.

Facing Firearm Storage Laws? Call An Attorney Today

If you have been accused of violating local or state gun storage laws, please call (760) 643-4050 as soon as possible to schedule a free initial consultation with Peter M. Liss.

Frequently Asked Questions

Do Guns Have to Be Locked in California?

Not always. Guns lawfully carried by an owner or in their immediate control generally can be left unlocked. Otherwise, they should be kept in a locked safe or disabled with a trigger lock device. Antique guns or those that cannot be fired because they have been rendered inoperable are exempt from this requirement.

Can I Keep a Loaded Gun at Home in California?

Yes. California law allows gun owners to keep loaded firearms at home if they are lawfully stored in a locked container or secured with a compliant firearm safety device.

Are Trigger Locks Required in California?

No. You can use a gun safe or other locked storage container instead of using a trigger lock.

What Happens if a Child Accesses my Firearm?

It depends on the circumstances. In many cases, you can face criminal charges if a child accesses your weapon without their parent’s permission. However, you will have a total defense against the charges if your attorney can show that you stored your weapon in a locked container, kept it disabled with a trigger lock, or the child broke into your home or used the weapon for self-defense.

Do San Diego Gun Storage Laws Differ from California Law?

San Diego had stricter firearm storage laws than California up until January 1, 2026, that required every gun owner to store their weapon in a safe or use a firearm disabling device like a trigger lock, whether or not they had reason to believe a child might access the weapon. Now, California law has the same requirement for safe storage, regardless of who a homeowner expects to enter their home.

Can Police Search My Home After an Accidental Shooting?

Yes, police can search your home if they have a warrant, your explicit consent, or exigent circumstances. If they have entered your home due to an emergency situation related to the shooting, they may be able to document and collect any evidence in plain sight.