Understanding California’s Unique Camouflaging Firearm Containers Law

In California, one lesser-known but critical piece of firearm legislation addresses camouflaging firearm containers. These are devices designed to hide guns in plain sight, posing significant public safety risks. This post breaks down what these containers are, why they’re illegal, the penalties for violations, all applicable exemptions, and what you need to know to stay compliant with California law.

What Are Camouflaging Firearm Containers?

A camouflaging firearm container is an object that looks innocent—like a book, phone case, or briefcase—but is designed to conceal a firearm. According to California Penal Code Section 16320, these containers:

• Are built to enclose a firearm [Cal. Penal Code § 16320].
• Allow the gun to be fired from inside using external controls [Cal. Penal Code § 16320].
• Don’t look like they contain a firearm [Cal. Penal Code § 16320].

However, containers used for lawful hunting or travel to/from hunting expeditions are exempt from this definition [Cal. Penal Code § 16320].

Example of these types of firearms include the HK MP5K briefcase gun, or the desk included in a segment of Pawn Stars.

Why Are They Illegal?

California bans these containers under Penal Code Section 24310 to prevent hidden firearms from being used in places where guns are prohibited, such as schools or airports [Cal. Penal Code § 24310]. The law, renumbered since 2012, prevents firearms from be easily disguised as everyday objects.

What Does the Law Prohibit?

It’s illegal to:

• Manufacture or cause to be manufactured.
• Import into California.
• Keep for sale, offer, or expose for sale.
• Give, lend, or possess a camouflaging firearm container.

[Cal. Penal Code § 24310]

Penalties for Violations

Breaking this law is a “wobbler” offense, meaning it can be charged as a misdemeanor or felony, depending on the case and your criminal history [Cal. Penal Code § 24310]:

• Misdemeanor: Up to 1 year in county jail [Cal. Penal Code § 24310].
• Felony: 16 months, 2 years, or 3 years in county jail under Penal Code Section 1170(h) [Cal. Penal Code § 1170(h)].

Exemptions to the Rule

The law includes several exemptions to ensure that certain individuals or activities are not unfairly penalized. The following are exempt from the prohibitions under Penal Code Section 24310 [Cal. Penal Code § 24310(b)]:

1. Lawful Hunting Activities: Containers used during lawful hunting or travel to and from hunting expeditions are exempt, as specified in the definition under Penal Code Section 16320 [Cal. Penal Code § 16320].
2. Peace Officers: The manufacture, possession, or use of camouflaging firearm containers by peace officers listed in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, when acting in the course of their official duties, is exempt [Cal. Penal Code § 24310(b)(1)].
3. Federal or State Military or Law Enforcement Agencies: The manufacture of camouflaging firearm containers for, or the sale, loan, or transfer to, military or law enforcement agencies of the federal or state government for use by those agencies or their employees acting within their official duties is exempt [Cal. Penal Code § 24310(b)(2)].
4. Common Carriers: The possession of camouflaging firearm containers by common carriers, or their authorized agents or employees, when the containers are possessed in connection with their transportation in the ordinary course of business, is exempt [Cal. Penal Code § 24310(b)(3)].
5. Antique Firearms: Provisions listed in Penal Code § 16590, including the prohibition on camouflaging firearm containers, do not apply to antique firearms, defined in Penal Code § 16170 as firearms manufactured before 1899 or using obsolete ammunition (Penal Code § 17700).
6. Curios or Relics: Firearms or ammunition classified as curios or relics under 27 CFR 478.11 are exempt if possessed by a federally licensed person (Penal Code § 17705).
7. Any Other Weapon (AOW): Provisions in Penal Code § 16590, including Section 24310, do not apply to AOWs as defined in 26 U.S.C. § 5845(e), if possessed by a person permitted under the federal Gun Control Act of 1968 and its regulations, except for pen guns (Penal Code § 17710).

How Is the Law Enforced?

There aren’t many public court cases specifically about camouflaging firearm containers, which might mean these devices are rare, the law is rarely prosecuted, or that such cases are handled quietly and not appealed.

Federal Context: Any Other Weapon (AOW) Category

Federally, the National Firearms Act (26 U.S.C. § 5845(e)) defines “any other weapon” (AOW) to include disguised firearms like pen guns or cane guns. A camouflaging firearm container could theoretically be classified as an AOW if it functions as an integrated, concealable weapon (e.g., a briefcase with a built-in firing system). However, containers that merely hold a separate firearm, like a hollowed-out book, typically do not meet this definition. AOWs require:

• Registration with the ATF.
• A $200 transfer tax (or $5 in some cases) 26 U.S.C. § 5811.
• Background checks 26 U.S.C. § 5812.

Violations can result in up to 7 years in prison 26 U.S.C. § 5871. Unlike California’s outright ban, federal law regulates rather than prohibits AOWs, and no federal statute specifically targets camouflaging containers.

Why California’s Law Stands Out

California’s law is distinctive because it:

• Targets containers, not just firearms.
• Includes the unique requirement of external firing controls.
• Imposes a broad prohibition with limited exemptions, unlike federal AOW regulations that allow registration.
• Reflects California’s stringent approach to firearm safety, addressing a niche but significant public safety risk.

Have questions or thoughts about this law? Contact us at [email protected] or call 866-545-GUNS.