Travelling to CA with handgun?
Northslope Nimrod
May 11, 2007, 11:26 AM
I've read the California law with regard to transporting firearms. (as it is on the Attorney General's Web site and others)
BUT, I read on THR where many people say:
"you must keep the pistol and the ammo seperate, such as in different containers."
I can't find that requirement. I read the difinition of "Loaded," which does not require it.
I did however, read that one who is committing a felony while in possession of a firearm that is not seperate from the ammunition, can be charged with an additional crime. (essentially)
I am wondering if I can simply remove the loaded magazines, place them in the same lock box of the gun, lock it and call it good. If this is not lawful, could someone please post a link to the law that prohibits it. Thanks a bunch!:)
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ArmedBear
May 11, 2007, 12:00 PM
You don't need a lock box. A pistol rug with a lock on the zipper is sufficient, and that's only if it's in the passenger compartment. I have a Jeep, so there only IS a passenger compartment.:) If you lock the gun in the trunk, it's also perfectly legal. Of course, if you have a whiz-bang all-metal locking case that protect your gun in the event of all-out nuclear war, go ahead and use that. But you don't have to spend money on one for California's sake.
The purpose of the law is to separate those who are transporting a handgun with legal intent from those who have a handgun on the seat next to them to do a driveby shooting, not to make sure the gun is "secure" from theft or somesuch. (Yes the law is misguided, but it's important to know what it's about, to better understand it.)
It is prudent to separate loaded magazines from the gun. The law says that rounds "in a magazine or clip attached to the gun" equals loaded. What does "attached" mean? That depends on what the lockbox looks like. The magazines don't have to be locked up; you can throw them in a bag.
Do I carry rounds and handguns on my front seat in the same range bag (with a lock on it)? Sure. Generally, they're not in magazines, though, since my HD ammo and my target ammo is different stuff. It's the loaded magazines right next to the gun that can land you in a gray area. Court cases in this gray area have been decided in favor of the law-abiding gun owner, but that doesn't mean that cops won't "arrest 'em all and let God sort 'em out."
In some jurisdictions, transporting loaded magazines with the gun in the same car is said by the cops to be illegal. I have never found a state law that would support that. But you might end up fighting it in court.
BTW long gun transport rules are a lot looser, if it matters to you.
:( Also, many parts of California have this thing called "theft" that may be unfamiliar to people from other areas, where car doors and front doors are seldom locked. Remember where you are. Guns would be a prime target for "snatch and grab" auto burglary, which is VERY common in urban areas, at parking lots near certain trailheads out in the boonies, etc. I'm assuming you don't want to lose your gun, or supply the underworld with firearms for free.
glockman19
May 11, 2007, 01:15 PM
I always keep it locked in a case in the trunk to avoid any issues. I also keep magazines unloaded and ammo separate. Probably overkill but better safe than sorry.
I posted a scenereo of riding a bike to the range with gun in back pack locked in a case and If stopped and found you'll get detained and given a ride to the station to confirm you are the owner.
ripcurlksm
May 11, 2007, 01:26 PM
Northslope, I cant find a link, but these are the rules. Follow these instructions when transporting to be 100% GOLDEN:
- UNLOADED firearm in a LOCKED case, or a GUN LOCK run through the mag/ejection port
- mags stored SEPARATE (anywhere outside of locking case) and UNLOADED
Safe travels
Librarian
May 11, 2007, 03:31 PM
- UNLOADED firearm in a LOCKED case, or a GUN LOCK run through the mag/ejection port
- mags stored SEPARATE (anywhere outside of locking case) and UNLOADED
For a handgun, which is how this started, the locked case is mandatory - but the trunk of your car will do for that, so long as you move the handgun in and out of the trunk on private property. Simpler to have the locked case. The gun lock is irrelevant to ordinary transport laws, even though the state and feds make you have one when you pick up a purchased handgun.
Magazines separate and unloaded is just very conservative. Nothing wrong with it.
So long as you drive carefully, none of this is likely to matter, since you'll never come to the attention of LEOs.
foob
May 11, 2007, 03:37 PM
So long as you drive carefully, none of this is likely to matter, since you'll never come to the attention of LEOs.
Even if you come to the attention of an LEO, it's unlikely they will search your vehicle unless you give consent or there is probable cause.
TallPine
May 11, 2007, 05:14 PM
Even if you come to the attention of an LEO, it's unlikely they will search your vehicle unless you give consent or there is probable cause.
Would Montana plates be considered "probable cause" ? ;)
CountGlockula
May 11, 2007, 05:20 PM
I keep EVERYTHING separated:
-Ammo box @ right side of trunk
-Empty (unloaded) magazines in a range back @ center of trunk
-Unloaded gun in a locked case @ left side of trunk
All in the trunk or in the back of my SUV with cover overhead.
I'd rather be safe, than sorry.
Creeping Incrementalism
May 11, 2007, 05:24 PM
I've read the California law with regard to transporting firearms. (as it is on the Attorney General's Web site and others)
BUT, I read on THR where many people say:
"you must keep the pistol and the ammo seperate, such as in different containers."
I can't find that requirement. I read the difinition of "Loaded," which does not require it.
I did however, read that one who is committing a felony while in possession of a firearm that is not seperate from the ammunition, can be charged with an additional crime. (essentially)
I am wondering if I can simply remove the loaded magazines, place them in the same lock box of the gun, lock it and call it good. If this is not lawful, could someone please post a link to the law that prohibits it. Thanks a bunch!
Nimrod: your plan is perfectly legal. Your reading of the definition of loaded is correct, except the statement regarding commiting a felony (maybe you just worded it wrong). If someone commits a felony, having a loaded magazine not inserted in a firearm will still get him in hot water. So don't commit any felonies and you'll be fine.
CountGlockula
May 11, 2007, 05:28 PM
Oh, make sure you're going to the range with it. I wasn't sure why you're bringing it here in CA.
Carry conceald weapon permits are not easily issued in most areas.
vta33
May 12, 2007, 12:24 AM
From the California Highway Patrol web site Q & A:
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
Val USP
May 12, 2007, 03:28 AM
When I go to the range, I keep my handguns with inserted EMPTY mags in my backpack. All ammo I keep in separeted plastic bag.
Of course EVERYTHING in the trunk. As you can imagine - trunk is locked on my sedan vehicle :p - so it is locked container.
pittspilot
May 12, 2007, 01:25 PM
BTW, my reading of California law also prohibits you from bringing in magazines with more then a 10 round capacity.
It has to do with that troublesome importation word. What does that mean?
crazed_ss
May 12, 2007, 01:35 PM
Why are you bringing your gun here? Unless you're a LEO, you cant carry it on you. You plan on going to the range while you're here? I'd leave it home and just skip the hassle..
Quiet
May 12, 2007, 01:51 PM
BTW, my reading of California law also prohibits you from bringing in magazines with more then a 10 round capacity.
It has to do with that troublesome importation word. What does that mean?
It means you can't bring greater than 10 round magazines into CA. Even if you are visiting.
So, if you are traveling to CA with a firearm, follow the info given on the CHP website http://www.chp.ca.gov/html/answers.html for legal transportation advice and only bring 10 round magazines with you.
Val USP
May 12, 2007, 07:32 PM
BTW, my reading of California law also prohibits you from bringing in magazines with more then a 10 round capacity.
I am not sure about limitation of 10 rd. I bought a long time ago handgun with 13 rd mag. And It is OK to carry EMPTY one in the trunk.
Actually you can read:
Transportation of Firearms (http://www.lcav.org/states/california.asp#carryingconcealedweapons)
Any person over age 18 who does not fall into a prohibited class under sections 12021, 12021.1, or 12025 or sections 8100 or 8103 of the Welfare and Institutions Code may transport in a motor vehicle any concealable firearm if the firearm is unloaded and in a locked container. Penal Code § 12026.1(a). A "locked container" is a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. Section 12026.1(c). A locked container includes the trunk of a motor vehicle, but not the utility or glove compartment. Section 12026.1(a)(1).
California law is silent on the transportation of long guns (rifles and shotguns), but individuals are not required by law to transport long guns in a locked container. However, as with concealable firearms, carrying a loaded rifle or shotgun in public or in a vehicle is against the law. Section 12031(a). A firearm shall be deemed loaded if 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 attached to the firearm. Section 12031(g). 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. Id.
Librarian
May 12, 2007, 09:11 PM
I am not sure about limitation of 10 rd. I bought a long time ago handgun with 13 rd mag.If you bought it before Jan 1, 2000, and it "lived" in California before that date, then you're fine. If it never "lived" in California before that date, it is illegal to bring in a 10+ magazine now.
If you move out of state with 10+ magazines owned here before that date, you can move back here with them now. It looks like you cannot visit with them, though.
Geister
May 12, 2007, 09:21 PM
Also, many parts of California have this thing called "theft" that may be unfamiliar to people from other areas, where car doors and front doors are seldom locked. Remember where you are. Guns would be a prime target for "snatch and grab" auto burglary
Yup, I've read through this board's archives several instances where members have left a firearm in a parked vehicle. That is something I don't recommend at all unless you have a separate, lockable gun safe to put it in that also locks and attaches to a part of your vehicle.
I knew a guy a few years back whose truck was broken into and his rifle stolen from it. This was in a nice part of town, too. Criminals like to travel to nicer parts of town because there's a greater chance for them to steal something worthwhile.
I think it was the actor Sean Penn who had a firearm stolen from his parked car a few years back. He's anti-gun, too. Hypocrit.
Val USP
May 13, 2007, 03:15 AM
Thank you, Librarian. Could you tell me - if I will go out of state with my legal hi capacity magz (Bought them in 97 -99) and than return back. What should I have to prove it?
...the actor Sean Penn who had a firearm stolen from his parked car a few years back. He's anti-gun, too. Hypocrit.
I like those who yell about gun control as he doing all the time, and in the same time own weapons. They loose conscience completely.
anotherKevin
May 13, 2007, 10:31 AM
Why would you bring a gun? Well, if you're from out of state, and staying in a hotel room perhaps? No law against that, I would imagine. Also, why this claim that you have to be travelling to a range? The law just seems to cover "transportation", not any intended destination.
I'm not a lawyer, that's just my interpretation.
Librarian
May 13, 2007, 03:05 PM
Thank you, Librarian. Could you tell me - if I will go out of state with my legal hi capacity magz (Bought them in 97 -99) and than return back. What should I have to prove it?Who knows?
The general run of opinion over at Calguns.net is a prosecutor would have to prove they were illegal. Magazines are not generally serialized or marked with a date of manufacture; before 2000, who would have thought the bill of sale for what is essentially an expendable part might be important?
If I had bought the gun in California before 2000, I'd expect to be fine. The state would have a record of the sale.
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