Skip to Content
Law Office of Daniel Horowitz Law Office of Daniel Horowitz
Call Us Today! 925-291-5388
Top

Can Security Guards Carry Loaded Firearms To and From Work?

security guard with a gun holstered in plain view on his hip
|

California Security Guard Firearm Laws: Carrying to and from Work

In California, licensed security guards with a valid Bureau of Security and Investigative Services (BSIS) Exposed Firearm Permit are subject to strict regulations when carrying firearms, particularly when traveling to and from work. This blog provides a comprehensive overview of the key laws, practical considerations, and legal risks based on California regulations, including specific guidance from the California Department of Justice (DOJ) Bureau of Firearms.

Key Laws and Regulations

BSIS Exposed Firearm Permit Requirement

  • Permit Necessity: A security guard must possess a valid BSIS Exposed Firearm Permit to carry a firearm while on duty. This permit authorizes exposed (open) carry only and does not allow concealed carry.

  • Permit Specificity: The permit is valid only for the license types listed (e.g., security guard registration) and for the specific firearm calibers the guard has qualified for through BSIS-approved training.

  • Training and Requalification: Guards must complete initial firearms training and requalify at a range twice per year to maintain the permit. A psychological assessment (Sixteen Personality Factor Questionnaire, 16pf) is also required to demonstrate appropriate judgment, restraint, and self-control before obtaining or associating a firearm permit with a guard registration.

Carrying Firearms To and From Work

  • Loaded Firearm in Uniform: Under California Penal Code Section 26030(a)(10), uniformed security guards with a valid BSIS Exposed Firearm Permit may carry a loaded firearm while traveling directly to or from their residence, place of employment, or employer-required range training, provided they are in full uniform. The firearm must be carried exposed (e.g., in a holster, not concealed), and the guard must avoid unnecessary stops. Brief stops, such as for gas, are generally permissible, but other stops (e.g., errands) may be considered a violation.

  • Unloaded Firearm When Not in Uniform: If the guard is not in full uniform, the firearm must be transported unloaded and stored in a locked container (e.g., a locked case in the vehicle’s trunk) with ammunition stored separately, as required by California Penal Code Sections 16850 and 25610. A “locked container” is defined as a secure, fully enclosed container locked by a padlock, key lock, combination lock, or similar device.

  • Transportation Rules for Handguns: Pursuant to California Penal Code Section 25610, a U.S. citizen over 18 who is not prohibited from possessing firearms may transport a handgun by motor vehicle if it is unloaded and locked in the vehicle’s trunk or a locked container. The handgun must be carried directly to or from the vehicle for a lawful purpose and remain in the locked container during transit.

  • Nonconcealable Firearms (Rifles and Shotguns): Nonconcealable firearms are not required to be transported in a locked container under California Penal Code Section 25400 but must be unloaded during transport. Registered assault weapons, per Penal Code Section 30945(g), must be unloaded and stored in a locked container when transported.

Concealed Carry Restrictions

  • No Concealed Carry with BSIS Permit: The BSIS Exposed Firearm Permit does not authorize concealed carry. A separate Concealed Carry Weapon (CCW) permit, issued by a local sheriff or police chief, is required to carry a concealed firearm.

  • Concealed Carry on Duty: Even with a CCW, carrying a concealed firearm on duty is prohibited unless explicitly authorized by the employer and compliant with BSIS regulations. Without a CCW, carrying a concealed firearm, even to or from work, is illegal and can result in criminal charges.

Employer and Client Policies

  • Compliance with Policies: Security guards must follow their employer’s policies and the client’s rules regarding firearms. If an employer or client prohibits firearms, carrying one (even with a valid permit) could lead to termination or legal consequences.

  • Loading/Unloading Firearms: Some employers may require guards to load or unload firearms off-site (e.g., at home). This must be done in compliance with the transit rules outlined above to avoid legal issues.

Prohibited Areas

  • Restricted Locations: Firearms are prohibited in certain locations, such as schools, government buildings, or areas with “no firearms” signs, even when traveling to or from work, unless specific exemptions apply. Guards must avoid these areas or ensure compliance with storage laws (e.g., unloading and locking the firearm in a container).

Additional Requirements

  • Valid Guard Card: Guards must maintain a valid Security Guard Registration (guard card) to carry a firearm under the BSIS permit.

  • Record Keeping: Guards should keep their BSIS guard card and firearm permit readily accessible when carrying a firearm to demonstrate compliance with the law.

Practical Considerations

  • Uniform and Identification: When carrying a firearm to or from work, the guard must be in full uniform with visible patches (e.g., company logo or “Security” markings) and carry their BSIS guard card and firearm permit. This helps avoid misunderstandings with law enforcement or the public.

  • Law Enforcement Interactions: If stopped by police while carrying a firearm, guards should remain calm, keep hands visible, inform the officer of the firearm’s presence, and present their BSIS permits. Clear communication is critical to avoid escalation.

  • Local Variations: Local law enforcement’s interpretation of firearm laws may vary, particularly in urban areas like Southern California, where stricter scrutiny is common. Guards should adhere strictly to state regulations and be prepared for additional questioning.

  • Route Planning: Guards should plan direct routes to and from work to minimize stops and avoid prohibited areas. Carrying a firearm during non-essential stops (e.g., shopping) can lead to legal violations.

Legal Risks

  • Non-Compliance with Transit Rules: Carrying a firearm outside the scope of employment (e.g., making non-essential stops or carrying concealed without a CCW) can result in criminal charges, revocation of BSIS licenses, and potential loss of Second Amendment rights.

  • Employer/Client Violations: Violating company policy or client rules, even if legally permissible under state law, may lead to termination or civil liability.

  • Misinterpretation by Law Enforcement: Inconsistent local interpretations of firearm laws can lead to detentions or arrests, even if the guard is technically compliant. Guards should carry documentation and be prepared to explain their status.

  • Prohibited Areas: Entering a prohibited area with a firearm, even inadvertently, can result in serious legal consequences, including fines, jail time, or loss of permits.