Travelling to California, handgun question
Man-O-War
June 9, 2007, 11:58 PM
I will be driving to California in a couple of weeks to stay in a beach house for a week. I have a Texas CHL so I can carry in Texas, New Mexico, and Arizona just fine. I am planning on unloading my handgun and locking it in a case then putting the case in my luggage before crossing into California and keeping it locked up until after I leave the state.
I believe this plan will keep me legal, but I was wondering if anyone here knew of anything I am overlooking or any other legal pitfalls I do not know about? I will make sure I do not take any magazines over 10 rounds. Any opinions or personal experiences?
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orionengnr
June 10, 2007, 12:18 AM
Yeah, just before you cross the CA line, pull over, dig a hole and bury your contraband.
Pick it up when you leave the PRK.
Better yet, stay out of there altogether.
From a 20+ year "rezident". I am never, ever going back. Not to visit, not to vote, not to take a crap on Pelosi's front lawn. Although I'd like to... :)
CWL
June 10, 2007, 12:19 AM
While driving, gun must be separated from ammunition and placed in a locked container such as car trunk. Ammunition loaded into the magazines (even outside of gun) is considered "loaded firearm" so be careful about this.
Whilst at the beach house or any other private property, you can legally keep a loaded firearm for personal/family protection.
CH47gunner
June 10, 2007, 12:29 AM
What CWL said:
Ammo & gun must be transported in two separate, locked containers - not sure about the loaded magazines.
orionengnr - We'll just have to suffer thru without you.
Man-O-War
June 10, 2007, 12:40 AM
orionengnr - Wish I could stay home but the family really wants to go.
CWL, CH47gunner - Thanks for the information. I don't expect any problems but I'd rather be prepared. I forgot to ask, if pulled over am I required to notify the peace officer of any weapons in the vehicle? I realize y'all are probably not lawyers but I was just wondering.
CH47gunner
June 10, 2007, 12:57 AM
Man-O-War -
Quote "I forgot to ask, if pulled over am I required to notify the peace officer of any weapons in the vehicle?" Unquote
Don't know about notifying, if you're pulled over. Good question. Can't give advice tho - sorry. Let us know.
Eightball
June 10, 2007, 12:59 AM
I am never, ever going back. Not to visit, not to vote, not to take a crap on Pelosi's front lawn.You sure about that last one? I'd give you $20. And a Wilson Combat Mag. And, to boot, I'll go shoot with you at KCR (Knob Creek), since it's nearby :D
What about a revolver/speedloader? Is a loaded speedloader considered a "magazine", and thus a magical firearm?
full metal
June 10, 2007, 01:23 AM
I'm with orionengnr I hate to admit it but i was born in california.
but now I'm proud to say I live in arizona.
And I ain't never going back.
CountGlockula
June 10, 2007, 01:46 AM
Here's a good discussion regarding to notify an LEO about weapons in the trunk:
http://www.calccw.com/Forums/legal/742-oc-notifying-leo-when-passenger-car.html
I'd double check with the TX Concealed Carry Weapon's directives if CA accepts, I honestly don't think it does.
Welcome to Cali!
Quiet
June 10, 2007, 01:53 AM
I forgot to ask, if pulled over am I required to notify the peace officer of any weapons in the vehicle? I realize y'all are probably not lawyers but I was just wondering.
There is no requirement to notify a LEO that you have firearms in the vehicle. I strongly recommend you do not disclose you have a firearm with you.
However, if you do tell a LEO you have a firearm, they now have the legal authority to search for & examine that firearm in order to determine if it is unloaded & legal. Refusal to do so, gives the LEO the authority to place you under arrest [PC 12031(e)].
Like what others have stated before.
While traveling in CA, store your handgun unloaded in a locked container. Ammo should be stored in a seperate container.
Once you get to your destination, you can load your handgun for personal protection.
Loaded magazines/speedloaders are a wobbler.
By it's self a loaded magazine/speedloader is not considered a loaded weapon [PC 12031(g)]. However, if the loaded magazine/speedloader & a handgun is in the immediate possession of an individual, then that loaded magazine/speedloader is considered a loaded weapon [PC 12023].
So, store the handgun and magazines/speedloaders & ammo in seperate containers.
Enjoy your stay in CA.
Quiet
June 10, 2007, 01:57 AM
I'd double check with the TX Concealed Carry Weapon's directives if CA accepts, I honestly don't think it does.
CA does not recognize any other state's CCW permits.
http://ag.ca.gov/firearms/pubfaqs.php#29
I live in another state and have a permit to carry a concealed handgun that was issued in my home state. Does my permit allow me to carry a concealed handgun while in California?
No. Weapons permits from other states are not valid in California.
(PC Sections 12025-12031)
ronin223
June 10, 2007, 12:52 PM
I thought it was illegal to bring any firearms into the state of california if you are visiting, if you are not going to or coming from a shooting competition. Believe I read that out california DOJ website long ago.
Quiet
June 10, 2007, 01:10 PM
I thought it was illegal to bring any firearms into the state of california if you are visiting, if you are not going to or coming from a shooting competition. Believe I read that out california DOJ website long ago.
It's not illegal to bring firearms into CA.
However, you can not bring "assault weapons" and high capacity feeding devices into CA.
http://ag.ca.gov/firearms/travel.php?PHPSESSID=5cf915a13b5f10e8cd60484848515a45
Man-O-War
June 10, 2007, 01:33 PM
Quiet - Thanks for the link. I have printed that and will add it to the folder of printed info I will be taking. You have reduced my anxiety level tremendously.
glockman19
June 10, 2007, 02:12 PM
Slight correction: YES handguns must be in a locked case can be a soft allen case, hard case or car safe but must be in a locked case in teh trunk. Ammo does not have to be in a locked case but can not be in the same locked case as the firearm. Loaded Mags are OK. but keep them away from teh firearm too. I'd keep the gun locked in teh trunk in any fashon boxed ammo in luggage and if you wanted loaded mags anywhere away from firearm. And finally NO you have NO OBLIGATION to notify any LEO you have a firearm.
Shear_stress
June 10, 2007, 03:01 PM
Quiet - Thanks for the link. I have printed that and will add it to the folder of printed info I will be taking. You have reduced my anxiety level tremendously.
You have every reason to relax. California has a lot of stupid gun laws, but simply transporting a gun is really not a big deal. Just follow the laws given by the other posters. Having spent a lot of time in California, I can tell you first hand that the state has a thriving hunting and sport shooting scene, despite the reputation.
CH47gunner
June 10, 2007, 08:01 PM
Thanx Shear_stress -
Some of us are gun owning, homeowning, responsible Republicans. Not all of us are card carrying liberals.
10-Ring
June 10, 2007, 08:04 PM
As long as the firearm & ammo are in separate containers & the firearm is locked in its container in the trunk, you should be fine.
flynlr
June 11, 2007, 04:49 AM
so I am guessing there is a whole other section on having handguns or rifles in a vehicle while passing through California if the weapons are standard cap ie my M&P 40 with a standard 15 round mag or my AR-15 with its 30 round standard mag?.
SaxonPig
June 11, 2007, 08:49 AM
Any gun on CA's long list of assault weapons cannot be brought into the state for any reason by a non-FFL. No magazine over 10 rounds may be brought in by a non-FFL. CA kindly and generously allows FFLs to possess AWs and hi-cap mags as inventory.
Gordon
June 11, 2007, 01:52 PM
course if your really good at CCW from practicing in Texas (IE: NO printing ect) then the likelyhood of a pat down by an LEO of an honest, LAWABIDING citizen rates about the same as finding a sabre tooth tiger!:cool:
Scorpiusdeus
June 11, 2007, 02:06 PM
Enough California bashing already. I've been stopped in CA a bunch of times, never hassled, always treated respectfully... well, all but one time, and they've never asked about a firearm.
TT
June 11, 2007, 02:47 PM
It’s not very well known by LEOs or gun owners, but California does not allow generalized transportation of a handgun, even if it is unloaded and locked in a case. Transportation is only legal under certain circumstances, but essentially only from some place you are allowed to have the weapon to another such place. For example, a trip from the state borderline to your hotel would be acceptable. A trip from your hotel to a restaurant or the mall would not.
Like I said, most cops are not even aware of this requirement, so I wouldn’t worry about it too much. Just keep it in mind if the gun does become an issue with law enforcement and the LEO asks your destination.
Mauserguy
June 12, 2007, 12:42 AM
TT is right. Technically, your whole trip is probably a crime.
Mauserguy
Quiet
June 12, 2007, 07:00 PM
TT is correct.
Techincally, once you cross the state line you have to go straight to your destination. You can't stop for gas, food, etc.
However, this doesn't come into play if LEO does not stop you.
Obey the traffic laws and you'll be fine.
kungfuhippie
June 12, 2007, 07:18 PM
Don't worry, California is a liberal utopia, you don't need a gun here!
<sarcasm>
Everyone here has got the right idea. Don't have loaded mags in the car, your gun is inacessible anyway and will do you no good, if the wrong cop see loaded mags you could have a vacation from hell. Make sure you CHL card is not visible in you license if you pull out your driver's lic. I got asked about having a gun in the car because the cop saw my Handgun Safety Cert. in my wallet. Never made that mistake again. Have fun-if it wern't for all the liberals and illegals this would be the best state.
regarding what TT said. It might be smart to know a few pistol ranges in the area to claim you were headed to or from if stopped. (also could claim on way to BLM land, etc.)
FieroCDSP
June 14, 2007, 12:44 AM
I hear Oregon is a nice place this time of year. :D
kungfuhippie
June 14, 2007, 02:18 AM
I hear Oregon is a nice place this time of year.
I wish more like minded people would move here and help us get our state back from the liberals. Come visit, our beaches put Oregon to shame. Let us know when you're here and we'll take you to the range too.
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