transporting a handgun

[kyles here]

yes i did search and all them came back with answers for a motorcycle. i found some laws about how to transport and it says in the trunk....well i have a 4 door pick up so i was wondering what the legal way to transport it is. i know the two have to be separate, so right now because of the wet weather i have the gun unloaded in a locked case in the back and my ammo in a duffel bag on the floor of passenger side.

also would it be legal if the mag is loaded, not in the gun, but in the same case as the gun?

 

[Kornholio]

Have you considered calling your local PD desk? They could answer that for you in less time than it took you to search the answer on BARF and then post the question here.

 

[Ray]

Penal Code Section 12026.1 defines a locked container as "a secure container which is fully enclosed and locked by a padlock, key lock; combination lock, or similar locking device." The term "locked container" does not include the utility or glove compartment of a motor vehicle. As "utility" is not defined in the Penal Code, a handgun should not be transported in the center console (even if locked) nor in the storage area present behind the rear seat in most "hatchback" type automobiles. Due to the uncertainty in current California law, it is inadvisable to use the various storage compartments found in today's popular sport utility vehicles. If you drive a pickup truck, a locked cross bed tool box bolted to the bed behind the cab is a "gray" area and a court may find that it is not a "locked container" under the law. While most of us would consider a cross-bed tool box to be the functional equivalent of a vehicle's trunk, remember that while the Penal Code does provide an exception for vehicle trunks, it specifically prohibits the use of, and does not define, a "utility" compartment. If your vehicle doesn't have a trunk, put your unloaded handgun in a locking hard case. Locking hand cases for handguns are available at reasonable cost and when used correctly (i.e. when the handgun is unloaded and the case is locked) are the best method to ensure compliance with California law. Even if your vehicle does have a trunk, the use of a locked hard case is still recommended.

http://www.calgunlaws.com/index.php...poses-of-carrying-a-handgun-in-a-vehicle.html

 

[ntula]

is moto luggage considered a locked box, as in the abs hard shell plastic and metal cases that mount to adv motos like bmw... etc.. they are a removeable box that is locked.

 

[kyles here]

i guess my real question then is where is the best/legal spot for ammo? if its raining i dont want to put it in the bed since its in a duffel bag. is having it in the front seat with my gun on the back seat legal? if i ever do get pulled over i do plan on telling the leo straight up i have one

 

[NorCalBusa]

Seems to me the proper method is to follow the law; just follow the law. Do not get cutesy with interpretations or a variety of "really good reasons" why one didn't; as nowhere in the code does it provide for common sense or other extrapolations. They want a locked box? Put it in a fookin locked box.

 

[kyles here]

did you even bother to read either of my posts?

 

[JackTheTripper]

What are you putting your gun in when you transport it? Is it out in the open? Holster? A safeway bag? A pile of gasoline soaked rags? A gun case with a lock?

This information would help.

 

[clutch]

Just say you assumed our governor would only carry legally.

 

[Ray]

• The transportation or carrying of any pistol, revolver, or other firearm capable of being concealed upon the person by any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and is not within the excepted classes prescribed by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code sections
8100 or 8103, provided that the following applies:
- the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container
in the vehicle other than the utility or glove compartment, and;
- when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the
firearm must be contained in a locked container while being physically carried. (Penal Code §
12026.1.)

 

[Ray]

From the CHP Website:

I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state?
California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

If you have additional questions, contact the California Department of Justice at 916-227-3703.

http://www.chp.ca.gov/html/answers.html

 

[bojangle]

From the CHP Website:

I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state?
California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

If you have additional questions, contact the California Department of Justice at 916-227-3703.

http://www.chp.ca.gov/html/answers.html

+1 This ^

Open carry is also legal so long as the concealable firearm is unloaded. I would not recommend it though.

 

[otterley]

"California law does not recognize concealed weapon permits from other states"

That's interesting. I wonder how this comports with Article IV, Section 1 of the Constitution.

 

[kyles here]

i have the gun unloaded in a locked case in the back and my ammo in a duffel bag on the floor of passenger side.

nobody must have actually read my entire post.

i guess my real question would in regards to the ammo. is how im doing it now ^^^ legal?

 

[deathbug74]

nobody must have actually read my entire post.

i guess my real question would in regards to the ammo. is how im doing it now ^^^ legal?

ray's answer seems to answer the question pretty well..the only glitch seems to be if a locked duffel qualifies as "container".

From the CHP Website:

Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.[/B]


If you have additional questions, contact the California Department of Justice at 916-227-3703.

http://www.chp.ca.gov/html/answers.html

 

[Ray]

Apparently you didn't read all of my responses

yes i did search and all them came back with answers for a motorcycle. i found some laws about how to transport and it says in the trunk....well i have a 4 door pick up so i was wondering what the legal way to transport it is.

Please refer to my post #3 which addresses this very topic, quite well, and also offers a link and cites actual California Law.

i know the two have to be separate

and yet, you keep asking, over and over again.

also would it be legal if the mag is loaded, not in the gun, but in the same case as the gun?

Please refer to my post, #11 in which I cite and provide a link and a quote from the the CHP website for answer to this very question, specifically it states "Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well."

Finally, This maybe of help:


(g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.

California Penal Code Section 12031 < this please read it!

All this being said, I personally would not carry a magazine(s) with live rounds in them regardless if they were attached/detached or in the gun's magazine well. I would carry my magazines empty and out of the weapon, but locked in the case with the weapon and I would, if possible, keep the ammo in the same locked case (or trunk if available) per the CHP's recommendation.

I have been unable to find any regulations on transporting ammo other than in regards to a "loaded" firearm in California, therefore I would "guess" (not a lawyer or LEO) that carrying it anywhere in the car, including your duffel would be fine.

 

[NorCalBusa]

nobody must have actually read my entire post.

i guess my real question would in regards to the ammo. is how im doing it now ^^^ legal?

Don't act all butt hurt Kyle. Its normal for conversations to take turns a part of their development. If you'd like direct answers; hire a lawyer. Oh wait, that won't...

 

[Sevenfifty]

...also would it be legal if the mag is loaded, not in the gun, but in the same case as the gun?

Yes, the mag can be loaded and in the same locked case as the unloaded gun, just not attached or inserted into the gun. The locked case can be inside the truck or in the back...doesn't matter as long as the case is locked and the gun is unloaded.

From California Penal Code §12026.1
(c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.

For future questions on this see Calguns.net

 

[NorCalBusa]

I don't care for this "tool box across a pickup bed may not be a locked container" notion. It certainly complies with what is written as law. Where else am I going to keep my LAW rockets, bazookas and such?

 

[JPM]

I don't care for this "tool box across a pickup bed may not be a locked container" notion. It certainly complies with what is written as law. Where else am I going to keep my LAW rockets, bazookas and such?

Mount them to the Busa's sliders. Its open carry as long as they are unloaded.