Info needed on California carry


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MADDOG
July 12, 2011, 05:59 PM
We are taking the grandkids to California to visit my son in the Navy and then to Disney. I can legally carry in my home state of Texas, and NM, and Arizona allow me to CC there. When I get to the CA. border I must put the gun in a locked case and store it in my trunk. I checked the Handgun Law forum and that is what they say. Is carrying the gun locked in my trunk going to be a problem? Is there anything else I should be aware of? Any and all information will be appreciated. Thanks

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Branden967
July 12, 2011, 06:07 PM
The ammo needs to be separated from the locked gun case. The ammo does not have to be locked up. Have fun in Disney land.

Steve H
July 12, 2011, 06:09 PM
Sad thing is California is probably the place you will need to carry...........

Ramrod17
July 12, 2011, 07:00 PM
Maddog to my understanding you would not be able to CC while in California. I have found this document that help outlines the regulation on transporting guns and open carrying in California. Hope it helps you, enjoy your trip!:

Here is the document: http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

Here is where I found it: http://californiaopencarry.org/

Librarian
July 12, 2011, 07:59 PM
Unloaded in a locked case: check.

Ammo wherever you like - in the same case is OK.

Both ammo and the gun case stashed in the trunk, where not visible, will avoid unnecessary inquiries from the curious.

If you are staying in a hotel, it's legal to have your handgun loaded while in your room (PC 12026 (http://law.onecle.com/california/penal/12026.html)); try not to freak out the staff, and don't walk out into the hall - outside your room isn't your 'place of residence'. Staff will most likely conclude you are a cop, but the guests might not think that way.

CA does not honor non-LEOSA CCW from any state. Unloaded open carry is a remarkably bad idea, primarily because it is illegal in CA's Gun Free School Zones; the zones are not marked 'on the ground' so you are in peril if you don't know exactly where you are - and schools, especially in urban areas, seem to be everywhere.

danez71
July 12, 2011, 08:39 PM
+1 to Librarians post

splithoof
July 12, 2011, 10:15 PM
Leave your handgun at home. California Penal Code sections 12026.1 & 12026.2 deal with this, and they are grey areas to many in law enforcement. My young friends in law enforcement were not raised in the "gun culture", so making you lie down in the dirty roadway while they confiscate your "Roscoe" will not bother them in the least, and they get good reviews for hooking up as many as they can produce. Many are eager to bag whoever they can, you included. Open carry? Too much trouble in any large urban area. Another member posted about that. I assure that it will ruin your vacation at minimum. I know all this sounds bad, and it sadly is. Many, many folks transport firearms in California in a manner that could get very ugly depending on who finds them, so beware. Most are just lucky, and blend in like everyone else. You have to ask if the expen$ive risk is worth it.
A very good reference is the California Rifle & Pistol Association, look them up.

mrvco
July 12, 2011, 10:26 PM
If it weren't for your son being stationed in Cali, I'd say that going to Disney World instead would be the logical choice :)

Apocalypse-Now
July 13, 2011, 06:35 AM
call the state police there and ask. that's what i just did when i moved. i'm not taking any chances, and didn't bother with a thread on an internet forum.

Zoogster
July 13, 2011, 07:38 AM
Librarian's post is correct.

Apocalypse-Now said: call the state police there and ask.

The police are often misinformed on the details of legislation, unless it is something they routinely apply in dealing with the criminal element.
Since California has several separate firearm laws for those committing crimes, and those who are prohibited, as well as exempts LEO from some of the other firearm laws, many of the firearm laws the police most frequently have experience with are often not the same ones lawful gun owners are subject to, or are ones that apply differently.
Various memos and lawsuits have been changing this in recent years, but the police are certainly not the experts on gun laws.

MADDOG
July 13, 2011, 07:54 AM
Thanks for the information and also where to look. I am not looking forward to California but I will go and do what must be done. It would be very hard for me to go anywhere and not carry especially with my grandkids being along. Thanks again. MD

NavyLCDR
July 13, 2011, 10:55 AM
call the state police there and ask.

And place myself at the mercy of the intelligence (or lack of) of the person on the other end of the phone? No way.

The ammo needs to be separated from the locked gun case.

The California Highway Patrol disagrees with you. See below.

Leave your handgun at home. California Penal Code sections 12026.1 & 12026.2 deal with this, and they are grey areas to many in law enforcement.

The California Highway Patrol disagrees with you as well.

California is actually easier for an out-of-stater to transport a handgun in/through than some states - California is even easier than Ohio, without a recognized permit.

The clear, plain answer PUBLISHED by the California Highway Patrol:
http://www.chp.ca.gov/html/answers.html

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.

That's it. Seems really, really simple to me. It's so simple even a Navy officer can, and has done it.

NavyLCDR
July 13, 2011, 11:00 AM
Are you planning on visiting any military installations? Leave the gun locked in a hotel safe if you are, you won't be able to legally transport any firearm or ammunition onto a military installation for the purposes of your visit.

Panzercat
July 13, 2011, 12:25 PM
Both ammo and the gun case stashed in the trunk, where not visible, will avoid unnecessary inquiries from the curious.

AKA people "curious" about breaking into your car to see whats in the box. :banghead:

The entire chain of logic California employs in regards to firearms is inexcusably inane. Is there also a law mandating that your mall purchases also be stored in the trunk and out of sight to keep curious people out? :rolleyes:

Frank Ettin
July 13, 2011, 12:41 PM
...Is there also a law mandating that your mall purchases also be stored in the trunk and out of sight to keep curious people out?...No law, but a good idea. Thieves do target and break into cars with visible packages. If a thief can look into your car an see something that might be worth stealing, he'll be more likely to break into your car to steal it.

9mmepiphany
July 13, 2011, 01:40 PM
AKA people "curious" about breaking into your car to see whats in the box. :banghead:

The entire chain of logic California employs in regards to firearms is inexcusably inane. Is there also a law mandating that your mall purchases also be stored in the trunk and out of sight to keep curious people out? :rolleyes:
The chain of logic you are having a problem with would seem to me common sense. Packages and locked boxes in vehicles will indeed attract thieves...and not only in CA. But you are of course free to leave packages you've bought at the mall unattended on top of your car if that is your wont.

I'll take it that you understand that that isn't what fiddletown was referring to in his original statement.

9mmepiphany
July 13, 2011, 01:45 PM
If it weren't for your son being stationed in Cali, I'd say that going to Disney World instead would be the logical choice :)
You wouldn't be able to CCW on that property either. Disney has very clear rules about possession of firearms on their property and have not qualms about stopping your entry or asking you to leave

harrygunner
July 13, 2011, 03:39 PM
Quartzsite is the last town in Arizona before you enter California on the 10 Fwy. You can unload your gun there.

You'll notice lots of exaggerations about transporting a gun in California. The cooler responses are correct. You can have a locked bag holding your unloaded handgun and loaded magazines sitting on a passenger's lap if you wanted. If something bad happens, you or they can legally load the gun in respond to a lethal threat.

Another tip, fill your gas tank completely in Quartzsite. I've seen 60 cent per gallon differences between AZ and CA. The first Arco you encounter as you come from the east into Quartzsite has a "No Weapons" sign on the door. I pass them by and stop at the next exit, further west. Those stations don't deny our Second Amendment rights.

Librarian
July 13, 2011, 03:44 PM
AKA people "curious" about breaking into your car to see whats in the box.
In this case, I was referring to LEOs being curious. California has an onerous bit of law, PC 12031(e) (http://law.onecle.com/california/penal/12031.html), that allows a LEO to inspect a firearm to determine if it might be loaded. If the firearm and ammo are not visible, then there is no reason for a LEO to ask.

PavePusher
July 13, 2011, 04:36 PM
NavyLCDR, did you get promoted recently and I missed it? If so, congrats from the USAF! If it's just me being oblivious, uh... never mind....

Edit: apologies for the thread-jack....

NavyLCDR
July 13, 2011, 05:10 PM
If the firearm and ammo are not visible, then there is no reason for a LEO to ask.

Don't ask, don't tell and don't show!

NavyLCDR, did you get promoted recently and I missed it? If so, congrats from the USAF! If it's just me being oblivious, uh... never mind....

Yes I did! Thank you!

Apocalypse-Now
July 13, 2011, 05:17 PM
The police are often misinformed on the details of legislation, unless it is something they routinely apply in dealing with the criminal element.


they're the ones that arrest folks when they don't obey firearms laws.

you could also contact the state attorney's office.

the state i called actually had a specific phone number for firearms inquiries routed to a state police station.

NavyLCDR
July 13, 2011, 06:42 PM
they're the ones that arrest folks when they don't obey firearms laws.

That is no evidence that they know what the firearms laws are. That's why charges get tossed out of court every day.

Just about anybody who is a professional in the field of law will tell you that the last person you should ask legal advice of is a LEO officer/agency.

Your decision, though. I prefer to abide what is written in the law rather than what a stranger in a uniform with a badge tells me the law is or isn't.

MADDOG
July 13, 2011, 07:32 PM
I will not be going on the Navy base. I will keep my firearm in the locked container in the back compartment of my SUV. I will keep the ammo seperate. We will be in CA. for about 6 days so I will have to be aware of everything around us. I will be relieved to get back to Arizona. Thanks again for the info.

Panzercat
July 13, 2011, 08:59 PM
@9mmepiphany
@Fiddletown

Of course, it's common sense to store crap out of sight to prevent temptation, but apparently only the unknowable firearms box need regulated in such a matter. That's the inane logic I'm referring to. Unless your box screams "There's a gun in me!" They would have broken in anyway :scrutiny:

splithoof
July 13, 2011, 09:01 PM
Lots of exaggerations? My neighbor who works for one of the larger agencies in So Cal has taken many firearms from travelers down here. When he commences a vehicle stop, one of his initial questions is "do you have any weapons in your vehicle or on your person?" He almost always takes custody of the firearm while conducting his initial business, and then will focus his attention on the legitimacy on the weapon. Just because CHP has some published website policy dosen't mean all the other multitude of agencies do the same. There is a wide bit of discretion on the part of individual officers, and you never know to what extent they may probe. If you keep a low profile, obey traffic laws, and dont stir anything up, likely you will have no problems.

lizziedog1
July 13, 2011, 09:07 PM
If any of you really understand California laws I suggest you try out for Jeopardy. Your IQ must have a fourth digit.

In downtown Sacramento there is the state law library. Law books from every state are in there. Most states take up a shelf or two. The California law books take up a whole section of the library.

Ask five LEO's in the Golden State how to legally carry a gun in a car and you are likely to get five very different answers.

9mmepiphany
July 13, 2011, 10:06 PM
@9mmepiphany
@Fiddletown

Of course, it's common sense to store crap out of sight to prevent temptation, but apparently only the unknowable firearms box need regulated in such a matter. That's the inane logic I'm referring to. Unless your box screams "There's a gun in me!" They would have broken in anyway :scrutiny:
Now I'm confused, in what manner is the unknowable firearms box need regulated in such a matter regulated through inane logic?

Maybe I'm just not understanding your point.

Fiddletown suggested that the locked case (like a gun rug or gun case) containing the guns be placed in the trunk to keep it from prying eyes...why would that logic be inane?

9mmepiphany
July 13, 2011, 10:13 PM
If any of you really understand California laws I suggest you try out for Jeopardy. Your IQ must have a fourth digit.

Well thank you, but I don't claim that fourth digit in my IQ score. And while I have great respect for Fiddletowns intellect...we've been able to speak at length in person on a number of subjects...I don't beleive he claims that high a score either.

But then neither of us believe that it is required to understand CA laws concerning firearms...it just takes the desire to be educated about firearms rights and the laws that govern them to properly exercise those rights

armsmaster270
July 13, 2011, 10:26 PM
"Quote-Splithoof
Lots of exaggerations? My neighbor who works for one of the larger agencies in So Cal has taken many firearms from travelers down here. When he commences a vehicle stop, one of his initial questions is "do you have any weapons in your vehicle or on your person?" He almost always takes custody of the firearm while conducting his initial business, and then will focus his attention on the legitimacy on the weapon. Just because CHP has some published website policy dosen't mean all the other multitude of agencies do the same. There is a wide bit of discretion on the part of individual officers, and you never know to what extent they may probe. If you keep a low profile, obey traffic laws, and dont stir anything up, likely you will have no problems.

Your friend from SoCal is doing that for officer safety if a person has the weapon under his control. If the weapon is not under the driver or passengers control he has no reason to touch it. In the 18 years on the Sacramento P.D. I made a minimum of 20 traffic stops a day and only had to take possession of weapons about 5 times.

Panzercat
July 15, 2011, 04:51 AM
Lots of exaggerations? My neighbor who works for one of the larger agencies in So Cal has taken many firearms from travelers down here. When he commences a vehicle stop, one of his initial questions is "do you have any weapons in your vehicle or on your person?" He almost always takes custody of the firearm while conducting his initial business, and then will focus his attention on the legitimacy on the weapon. Just because CHP has some published website policy dosen't mean all the other multitude of agencies do the same. There is a wide bit of discretion on the part of individual officers, and you never know to what extent they may probe. If you keep a low profile, obey traffic laws, and dont stir anything up, likely you will have no problems.
Hnn, doesn't that tread into consent to search your vehicle territory? I wont claim legal expertise, but short of probable cause and reasonable suspicion, how can he ask you to hand over the firearm and detain it until he's satisfied you're not doing anything illegal with it?

I ask that knowing the police can pretty much conjure up an excuse. Hell, that's the state that makes it legal to search you cellphone info it its on your person during a traffic stop and not "safely' in your car.

@9mmepiphany
It's really not worth going into any further, but...

-You have a box.
-A locked box.
-containing a gun.
-Cal law requires to put said box in trunk to prevent curious people from becoming too curious. These are known as thieves.

My disconnect...
-Thief doesn't know whats in your box.
-He's breaking into your car anyway because he's overwhelmed by curiosity.
-Shouldn't there be a law to avoid all such temptations? /sarcasm

Yes, it's common sense to not make your car such an attractive target, but I guess I feel Cal is trying to regulate stupidity, which you can't. Arguments can be made that thieves are in and out opportunists, but he's got access to your entire vehicle whether you left a lunch box or a gun box. A trunk is no real barrier as to the integrity of your firearm. "It's fine to get your crap stolen, as long as your crap wasn't a gun in a lock box. In which case it should have been in the trunk. because thieves can't look back there, looking to gut your subwoofer or something."

Perhaps I'm not explaining my POV well enough. That's okay. AZ is currently at war with California. Or at least glaring at eash other. Disney land isn't on the list with or without a gun sitting in a locked box on my passengers seat :p

Ohio Gun Guy
July 15, 2011, 05:04 AM
Everytime I read one of these things about California....I just shake my head.

What is described above is not at all consistent with the 2nd Amendment. No Way No How! To the LawAbiding Citizen, they have made a firearm in ********** a legal Liability nothing more. The Criminals still dont care.

No place is perfect, but wow. :mad:

Norrick
July 15, 2011, 05:12 AM
I believe it has to be in a locked compartment where it is not accessible to passengers in the vehicle. Some people consider a trunk a locked container. You could err on the side of caution, but either way the ammo needs to be separate from the gun.

Some people will go as far as to say that a loaded magazine is a loaded weapon, so keep that in mind.

California does not honor out of state carry permits.

NavyLCDR
July 15, 2011, 09:04 AM
It's up to you. You can transport the firearm according to California written Penal Code which ONLY requires the gun to be unloaded and locked in a container within the passenger compartment or locked in an exterior compartment such as trunk (with or without a gun case) and permits loaded magazines to be right there with the gun, just not in the gun itself.

OR, you can cater to the fear and paranoia expressed and put the gun behind three locks, the ammo behind three separate locks with the magazines in a U-Haul trailer that you rented to keep them in and give the whole kaboodle to the California cops immediately upon seeing them because they are going to sniff out the guns and take them from you anyway.

Personally, I'll stick with the written law - which a state level LEO agency agrees with on their published website. California also has state preemption which makes it illegal for local agencies to have rules/regulations more stringent that state law regarding the possession of unloaded firearms.

Art Eatman
July 15, 2011, 11:17 AM
Looks like the original question was answered within the first dozen posts...

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