California bound

Quiet

As a CA resident, you do not have to register your handguns.
But, an unregistered handgun automatically turns a misdemeanor into a felony.
Also, handgun registration is only avialable to CA residents. So, a non-resident caught carrying concealed will always be charged with a felony.

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So let me see if I've got this straight.

I get caught as a CA resident carrying concealed I get a misdemeanor for a first offense, but my freind from NV who visits for three days and brings his handgun and is caught, will get a felony because his handgun is not registered with CA DOJ.

You surely can't mean that a visitor can't bring a handgun or that he is required to register it for a brief visit?

Sorry, this doesn't pass the smell test. I do see where the CA resident could be charged with a felony in the case where he had an unregistered handgun, but I have a hard time believing a visitor would be charged a felony for a gun that presumably he didn't have to register.

Do not carry a handgun without a CHL in California unless it is cased, locked, and ammo is separated. I would not even carry a loaded mag. If they find you with a firearm here they will try to find a way to make it an arrest. Regardless of whether registered, unregistered, resident, visiting, good shoot, bad shoot-with the liberal legal system in this state if you are found to be CCW without a permit you will be viewed as a criminal who was out looking for a fight. The arresting officer will sit down with his pocket legal code and start finding obscure things to charge you with that even some lawyers have forgotten about. The DA will make an example of you to get his name in the paper, and the judge will view you as one of "those gun nuts" that the NRA won't let the state legislature deal with properly.

There is a strong bias in the legal system and the media here that guns = criminal. They also view the shall issue CHL laws as a problem and not a solution.

There are a lot of people who own firearms here, lots who hunt, and lots who shoot recreationally. It is a beautiful state with lots to do and it is understood that lots of people use firearms for recreation, BUT. . . there are fighters circling looking to shoot down anyone who climbs above the radar.

I love it, someone asks for info about traveling to CA with a firearm and in typical THR fashion the CA haters come out in droves. Do you offer any help? No, you just pop in to get your digs in and nothing else.

The original poster and anyone else can visit CA with a firearm, just check the regs to be sure that you're good to go with what you're bringing. As long as the pistol is in a locked case with the ammo seperated from it he's fine. Be sure that your mags are 10 rounders also, no hi-caps are allowed.

If they find you with a firearm here they will try to find a way to make it an arrest. Regardless of whether registered, unregistered, resident, visiting, good shoot, bad shoot-with the liberal legal system in this state if you are found to be CCW without a permit you will be viewed as a criminal who was out looking for a fight. The arresting officer will sit down with his pocket legal code and start finding obscure things to charge you with that even some lawyers have forgotten about. The DA will make an example of you to get his name in the paper, and the judge will view you as one of "those gun nuts" that the NRA won't let the state legislature deal with properly.

There is a strong bias in the legal system and the media here that guns = criminal. They also view the shall issue CHL laws as a problem and not a solution.

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That may be true in LA or SF, but it doesn't apply to all of CA, and frankly I don't think the rest of CA likes to be lumped in with those places. You cannot predict that a LEO will try to stick you with anything they can, because not all CA LEOs are jerks like that. Not all DAs are trying to "make an example of you," and not everyone in CA buys into the media's BS.

Don't federal firearms laws override state ones? Doesn't the federal government permit anyone to have a gun in their vehicle if it is unloaded and in a locked container separate from the person?

I might know a little about this topic.

Your friend who has a gun outside his case while driving is commiting a crime.
It is still a crime if it is in a case, but unlocked.
It is NOT a crime if the gun is in the case, and the case is locked, even if it is right next to his hand inside the car. However, glove box and center console do not count. Think more like Mini-Vault.

You will be committing a crime if you bring in a listed assault weapon (XM15, Polytech AK, Steyr AUG, etc.. long list that hasn't been updated since 1998).
You will be committing a crime if you bring in a weapon that has any evil features, IF it has a detachable magazine: pistol grip, flash hider, vertical foregrip, collaspible stock.
You will be committing a crime if the fixed magazine (like sks) holds more than 10.
You will be comitting a crime if rifles are less than 30" in length, as well as shotguns.
You will be committing a crime if the barrels of your handguns are threaded.
You will be committing a crime if you bring in high capacity magazines. It is not illegal for a resident to bring in hi caps owned before the ban back into the state with him from, say, a hunting trip.

also, do not bring:
shuriken
nunchucks
cane swords
pen knives
brass knucklese
balisongs
saps
clubs
auto knives
and any gun that is disguised as something else (james bond's pen gun)

B yond

True on all points.

However the state is becoming increasingly more urbanized and liberalized. The central valley where I live used to be very conservative and is now for the most part a suburb of the bay area. Never said LEO's are jerks, however they do what they are told by their boss, who will want as many charges made as possible in arrests for any crime so some will stick if others fail and offering plea bargains will be easier. Many cops I know don't like the system but want to keep their jobs. DA's do not enhance their careers by dropping charges in newsmaking cases. Not everyone believes the media, but enough do. And they do influence people. And that's just the criminal law side.

Trying to defend in a civil case where you used a weapon you were illegally carrying and claiming you didn't do anything wrong is going to be an uphill battle at best. His lawyer will be on commission, yours will be paid by the hour.

My point was and is that carrying illegally in the PRK is a BIG gamble and the odds are against anyone looking the other way. I wouldn't take it or advise the OP to do it either. If others choose to test the system that is their choice. But by the time you're done, even if you win it will be a huge PITA.

I love it, someone asks for info about traveling to CA with a firearm and in typical THR fashion the CA haters come out in droves. Do you offer any help? No, you just pop in to get your digs in and nothing else.

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Right you are and don't forget that we here in California have gained huge ground the last few years fighting back against the unfair and unjust laws. We pool our money and resources, we defend our brothers in arms, we stick together!! We don't sit around pickin on gun owners in other states and think that were all bad a**es

As a CA resident, you do not have to register your handguns.
But, an unregistered handgun automatically turns a misdemeanor into a felony.
Also, handgun registration is only avialable to CA residents. So, a non-resident caught carrying concealed will always be charged with a felony.

Click to expand...

This is sorta correct. However it is an impossibility to legaly own a handgun in the state of CA that is not registered to you if purchased it after the date PC 11106 was enacted. All handguns that go through an FFL in the state of CA are automaticly registered in the CA DOJ database to the purchaser. Since any firearm purchased, transfered, or sold in the state of CA must go through an FFL, and all handguns are entered into the database automaticly, all legal pistols in CA that were not owned prior to 11106 and never changed hands are in the database.
Furthermore anyone that moves into the state of CA must legaly submit a fee for every handgun brought into the state and list those handguns. They are required by law to do that within 60 days of moving to CA pursuant to PC sections PC sections 12001(n) and 12072(f)(2). When they do that the handguns are registered to them in the CA DOJ database.

So let me see if I've got this straight.

I get caught as a CA resident carrying concealed I get a misdemeanor for a first offense, but my freind from NV who visits for three days and brings his handgun and is caught, will get a felony because his handgun is not registered with CA DOJ.

You surely can't mean that a visitor can't bring a handgun or that he is required to register it for a brief visit?

Sorry, this doesn't pass the smell test. I do see where the CA resident could be charged with a felony in the case where he had an unregistered handgun, but I have a hard time believing a visitor would be charged a felony for a gun that presumably he didn't have to register.

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Well unfortunately Quiet stated correctly. Anyone resident or not with a handgun not registered in the CA DOJ database pursuant to PC11106 is guilty of a felony if caught with a concealed/loaded firearm illegaly. Since only a resident is generaly registered that means anyone from out of state caught breaking the law by carrying is guilty of a felony.
However even if you are registered compliant to 11106 it becomes a felony offense if any other charges are made, so while you may be under the impression it is a misdemeanor(for first offense), under most situations an officer would discover it you will be charged with a felony. That includes many self defense cases.

Don't federal firearms laws override state ones? Doesn't the federal government permit anyone to have a gun in their vehicle if it is unloaded and in a locked container separate from the person?

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CA state law allows that already, that is the legal way to transport a pistol in the state.
However that federal law only applies to someone traveling directly through a state to get to another state. It does not apply to anyone whos destination or part of thier trip includes visiting CA. So for example driving from Nevada to Oregon and going through CA it could be legal (though likely charged if found) to have assault weapons (per CA law) etc transported in compliance with federal law unloaded in locked containers (or other CA banned firearms.)
However once part of the trip includes stopping or visiting locations in CA not directly in route through the state the federal protection dissappears. So it most definately does not apply to anyone actualy visiting CA, and since CA is bordered by Mexico and an Ocean on the west, southwest, and south, and is shaped the way it is, that law is rarely invoked as only a couple routes go through it when traveling in a relatively straight line from one state to the other. The southern coast of Oregon as a starting point or destination could cause travelers to clip the Northeastern most portion of CA heading southeast from or northwest to it, however most other state to state routes won't take people through CA when going from one state to the other.
That obviously does not apply to the OP of this thread, and since carrying a pistol in compliance with federal law to gain protection from that law, and legaly transporting one in CA both require it unloaded and in a locked container, it is a mute point anyways even if it did apply.

I stopped reading at the second page because of all the wrong and horrible info and recommendations.

I live in California and have to deal with this all the time. I also visited and was in California before becoming a resident.

To transport a weapon in a car:
The weapon must be unloaded with the ammunition stored separately. A loaded magazine NEAR the weapon constitutes LOADED. The ammo should be kept out of the magazine, or at the very least, the loaded magazine must be stored in a separate container or pouch.

The weapon must be in a LOCKED case (at the very least, a hard case with locking snaps) or stored in a LOCKED trunk. Transporting the weapon, it must not be within arms reach. It may not be on the seat or under the seat. It must be in the rear of the car in all instances.

California does not honor ANY CCW permits.

A visitor may travel through California while on legal business or on legal vacation and may bring with them a handgun as long as it is stored in accordance with California law.

So tell your friend to always keep it unloaded, in case, and in his trunk if he doesn't want any problems.

Anything other than that, and I make no promises.

Someone had said there was an "unwritten rule" about police not bothering you - Umm... WRONG. It is actually VERY RARE to come across a LEO who doesn't care about you illegally CCWing.

Store your gun in accordance with the law or if caught you will be prosecuted 99% of the time.

George,
Delete the "get my ___ " from your post quickly.

When I lived there in California it was told to me by the local NorCal Sherrif that they "could" consider a loaded magazine as a loaded firearm even if it wasn't attached to the firearm since it was able to make the firearm readily usable, same with speedloaders for a revolver. If you really want to ensure your compliance keep your ammo in it's original ammo container, or if you reload just put it into some sort of normal looking ammo box, next if you're bringing in a semi-auto then ensure your magazines are empty and separate from the handgun and only bring ones that hold less than 10 rounds, and ensure your handgun is in a locked case not reachable from the driver's seat (trunk if in a sedan, cargo area if in an SUV or wagon), and ensure your handgun isn't on a prohibited list. As to that "fishing pole", bring along an empty locking case for it. Do nothing knowingly illegal, and I don't know the current Calif family transfer laws relative to out of state relatives such as transferring ownership of or retrieval of items such as cars and fishing rods in the case that it was something you left there for safe keeping some years ago.

These days sometimes it doesn't even require a felony conviction to loose your rights. Be legal, drive a smog legal car for your residency region, have legal tread on your tires, and appear friendly and unthreatening.

Things aren't as bad as all that out there, but at times they can be worse, it just depends upon the circumstances you find yourself in. Have a good trip, hope your uncle is doing as well as can be expected.

California law in regards to family transfers requires you to fill out the "Operation of Law" form and that is it, even if the transaction comes from out of state.

However, if, for example, you transfered a firearm, it must go through an FFL if it is coming from out of state, even if you fly it in personally.

How about if it is leaving the state and isn't a handgun?

As long as it is a family transfer or a long gun from a parent to a child (vice versa) or spouse to spouse, it won't require any forms filled out on the California side. It may need forms filled out in the destination that it is going to, say for example, if the person is taking it to Virginia, they would have to check VA law. But for long guns, often nothing is necessary between family.

If its not between family, it must be processed through an FFL.

I dont know the ATF regulation off the top of my head for long guns with family transfers, but it is out of state and you'd likely need to contact them to see if you're in full compliance with the law.

However, if you maintain a residence in the destination state and spend more than 2 weeks at a time there, you may actually be holding dual residencies, meaning that you the transfer might not technically be between out of state individuals, meaning you might not have to do any paper work for a family transfer.

Again, check with the ATF for the fine print.

Thanks.

A CA resident without a CCW permit caught carrying concealed with an unloaded registered handgun will be charged with a misdemeanor. If they are caught in their vehicle, it becomes 2 misdemeanors.

A CA resident without a CCW permit caught carrying concealed with a loaded registered handgun will be charged with 2 misdemeanors. If they are caught in their vehicle, it becomes 4 misdemeanors.

A CA resident caught carrying concealed with an unloaded unregistered handgun will be charged with a felony. If they are caught in their vehicle, it becomes 2 felonies.

A CA resident caught carrying concealed with a loaded unregistered handgun will be charged with a felony and a misdemeanor. If they are caught in their vehicle, it becomes 2 felonies and 2 misdemeanors.

A non-resident caught carrying concealed with a unloaded handgun will be charged with a felony. If they are caught in their vehicle, it will be 2 felonies.

A non-resident caught carrying concealed with a loaded handgun will be charged with a felony and a misdemeanor. If they are caught in their vehicle, it will be 2 felonies and 2 misdemeanors.


Follow CA law with regards to transporting handguns and you will not have a problem.
Unloaded handgun in a locked container. Ammo in a seperate container.

Anything else is asking for trouble.

Welcome to CA!

Actualy anytime there is a felony commited with a firearm there is numerous other felonies triggered Quiet. It does not have to be violent, or have a victim. So if any felony charges are made and it involves a firearm numerous other felony charges can be tacked on which are triggered by various laws. In addition the misdemeanor charge you speak of also becomes felony as they are accompanied by other felonies which under the statute turns it into a felony as well.

Bottom line:

Welcome to CA!!!

It is almost as if the legislature has fast tracked assigning felony status in a potential attempt to have as many people as possible convicted with felonies thereby seemingly reducing the voting pool, the jury pool, and the number of people who can legally possess firearms. It also appears that they are seemingly attempting to fast track first time offenders into the three-strike arena thereby having the ability to lock them up forever. Or so it would seem.

Sneezing without covering your mouth after crossing the border after having consumed an apple just prior to crossing the border thereby causing small apple particulates to evacuate from your mouth and throat and cause you to violate the produce importation regulations - bam, you might be a felon.

Sorry, off topic, oops - bam, you might be another felon.

It is almost as if the legislature has fast tracked assigning felony status in a potential attempt to have as many people as possible convicted with felonies thereby seemingly reducing the voting pool, the jury pool, and the number of people who can legally possess firearms. It also appears that they are seemingly attempting to fast track first time offenders into the three-strike arena thereby having the ability to lock them up forever. Or so it would seem.

Sneezing without covering your mouth after crossing the border after having consumed an apple just prior to crossing the border thereby causing small apple particulates to evacuate from your mouth and throat and cause you to violate the produce importation regulations - bam, you might be a felon.

Sorry, off topic, oops - bam, you might be another felon.

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no, its just to keep scum bags in office... they want to make it look like they are "tough on crime". When in reality, they do almost nothing, but live high off the tax payers.

One thing worth mentioning is that in California a Conviction of any FIREARM related MISDEMEANOR (such as those listed above by TAB) puts you on a prohibited persons list.

So you carry your gun the wrong way in your car once and they can and possibly will strip you of your right to keep that gun.

Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not
carry or transport a loaded firearm. The firearm should be unloaded and placed in the
trunk of the vehicle, or if the vehicle has no trunk, placed in a fully enclosed secure locked
container other than the utility or glove compartment of a motor vehicle (Penal Code §§
12026.1, 12027.)

A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any
manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip
thereof attached to the firearm. A muzzle-loading firearm is deemed loaded when it is
capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Penal
Code § 12031(g).)

A license to carry a pistol, revolver, or other firearm capable of being concealed upon the
person may be granted to qualified residents of a county by the sheriff or to qualified
residents of a city by the chief or other head of the municipal police department of that
city. Such licenses are issued only after a finding that the applicant is of good moral
character, that good cause exists for such a license, and the applicant is not prohibited from
possessing firearms. Unless otherwise restricted, such a license is valid throughout the
state. Such a license may be valid for any amount of time not to exceed two years from the
date of issuance, unless issued to a judge or magistrate (valid for up to three years) or
specified custodial employees or reserve peace officers (valid for up to four years). (Penal
Code § 12050.)