What happens if a cop finds a gun in your car?

If the police find a gun in your car, you may be charged with carrying a concealed firearm.  In addition, if you are prohibited from possessing a firearm, you may be charged with a felon in possession.

In California, it is a crime to carry a concealed firearm on your person or in your vehicle. It is a misdemeanor offense, punishable by up to 1 year in county jail and/or a $1,000 fine.  However, it may be charged as a felony in certain circumstances, such as if you have a prior firearm-related offense, are involved in a criminal street gang, are prohibited from owning a firearm, or if the firearm is stolen.

Importantly, to be convicted of carrying a concealed firearm, a prosecutor must prove that you knew that you were carrying the weapon.  If someone left the gun in you car without your knowledge, then you will not be found guilty of the offense.  In addition, you can legally carry a firearm in your vehicle if it is unloaded and carried locked in the truck or in a locked container in the vehicle.  This law only applies to guns that can be concealed — not to rifles and shotguns.   Larger firearms must still be transported unloaded.

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