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Advice for driving through California.

Discussion in 'Legal' started by macadore, Feb 26, 2019.

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  1. macadore

    macadore Member

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    I will be driving across the U.S. and then through California next month. I have a Texas LTC which I realize doesn't mean much in California. I have a Glock 32 gen 2 which I bought new years ago and have the original 10 round magazines. I plan to unload it and put it in my trunk when I get to California. Is legal to have this handgun in California? Can I keep loaded magazines in the cab or do I have to unload them and put them in the trunk in a separate locked box?

    Thanks for the advice.
     
  2. RickD427

    RickD427 Member

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    You're correct that your Texas LTC isn't recognized in California. Handguns are legal to possess in California, and there is no registration requirement until you become a resident. California does have a statute banning the importation of large-capacity magazines (holding more than 10 rounds). Violation is a felony. California also bans threaded barrels and several other features on semi-autos with detachable magazines. Violation is also a felony.

    California also bans the carrying of concealed weapons, and loaded weapons. Violation is generally a misdemeanor if the weapon is registered to you by California DOJ. A first time offense with an unregistered weapon is a felony.

    California has a statute requiring that weapons kept in vehicles be securely stored. California's CCW statute also applies to vehicles. So long as your weapon is locked in the trunk, you're in compliance with both. Thee is no state statute restricting the storage of ammunition or magazines. But be aware that California's laws regarding "loaded weapons" are kinda goofy and confuse a lot of folks. The general rule (with some notable exceptions) is that a weapon is "loaded" if there is a round in the weapon that can be fired, or placed into a position to be fired, through the normal operation of the weapon. A loaded magazine in the weapon, but with no round chambered, is a loaded weapon. Case law has held that a shotgun buttstock sleeve loaded with rounds did not create a loaded shotgun. But there are exceptions covering certain government buildings, certain portions of Sacramento, gun shows, and cases where a person engages in other felonies, where the weapon is considered loaded if the person possesses the weapon and ammunition. So long as you're not in a place where the exceptions apply, you're fine leaving loaded magazines in the trunk, so long as they're not in the weapon.

    California law also has a unique provision that LEO's are authorized to inspect any weapon in a city, or county area where shooting is prohibited (which includes all public roads) to determine if the weapon is loaded.
     
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  3. macadore

    macadore Member

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    Thanks so much.
     
  4. troy fairweather

    troy fairweather Member

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    go around it lol.
     
  5. Dibbs

    Dibbs Member

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    One thing I do is drill a hole in two ammo boxes. Also matching holes in the lids, so a padlock
    will fit. Field stripped pistols go in one, ammo and mags in the other. Doesn't take up too much room,
    and it's two separate locked metal boxes which are then locked up in the trunk.

    Also, gas up, before you cross the border, stay on the interstate, and spend ZERO money in California. They want to have
    crappy laws, they can do it without our financial assistance.
     
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  6. George P

    George P Member

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    Why go to all of that? That is a lot more than CA rules require. Follow them; they aren't going to stop you for no reason, so don't throw beer bottles out the window while driving (JUST KIDDING!)
     
  7. milemaker13

    milemaker13 Member

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  8. MachIVshooter

    MachIVshooter Member

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    Was the first thought that popped into my mind reading the thread title. Even if it weren't for the gun laws, the traffic is what nightmares are made of.
     
  9. danez71

    danez71 Member

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    Mags can be loaded but not inserted.

    Empty mags can be inserted.

    Ammo can be store with the gun... just not loaded. Ammo doesn't need to be locked.

    No mags over 10 rnds. No threaded barrels.

    The hand guns needs to be locked in a container and can be stored in the passage area... the trunk isn't required.... the trunk alone with out a locked container doesn't work for a handgun but may for a long gun. A glove compartment or center console doesn't count as a locked container.

    ETA: Basically, I unload it throw it all in a small back pack and lock the zipper of either the gun case or the back pack... or both if im feeling that way. Occasionally I use one of those metal kind with the cable lock if I know I'll be leaving it in my truck.

    Theres no definition of a locked container for transporting a handgun other than a glove box center console isn't one... there are CA DOJ approved lockable storage for the home.
     
    Last edited: Feb 27, 2019
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  10. macadore

    macadore Member

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    Thanks so much. I have a Pelican handgun case that I use for flying. I will probably use that and keep it in the cab. Will I need two locks or is one ok? I know some newer handguns aren't on the registry. Am I correct in assuming that a Gen 2 Glock 32 that I bought in the Nineties is permissible?
     
  11. troy fairweather

    troy fairweather Member

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    do you have to announce you have firearms in the car in CA if your pulled over, if not they don't need to know.
     
  12. RickD427

    RickD427 Member

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    There is no requirement to announce. Some LEO's will routinely ask if there are weapons in the vehicle. California does have a statute that makes it a misdemeanor to lie to an officer if the officer is involved in the enforcement of the Vehicle Code. Please refer to CVC section 31.

    Additionally, if the LEO develops "Probable Cause" to believe that there are weapons in a vehicle, California case law permits the officer to search a vehicle for the weapons, even if the weapons are lawfully possessed. Please refer to the California Court of Appeals decision in People v Delong.
     
  13. danez71

    danez71 Member

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    Your gen 2 isn't on the list but you're fine without a threaded barrel 10 round mags in your situation.

    I don't get many tickets but I've never been asked if I have a gun. Be respectful and take your ticket with out being a jerk.

    One lock should be enough but since it has 2 places for locks, I'd use 2 locks so an officer cant just pry open one corner and say 'look, this isnt a secured locked container".
     
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  14. 9mmepiphany

    9mmepiphany Moderator Staff Member

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    Your gun doesn't have to be on the Safe Gun Roster to be legally possessed in the State.

    You're allowed to bring in any handgun as long as it doesn't have a threaded barrel or magazines with a capacity of more than 10 rounds
     
  15. 9mmepiphany

    9mmepiphany Moderator Staff Member

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    I'd be interested in your basis for this information
     
  16. RickD427

    RickD427 Member

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    I'm also interested in learning the source of your information.

    Here is the text of the pertinent part of the California Penal Code concerning the question:

    25140.

    (a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box.
     
  17. danez71

    danez71 Member

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    I stand corrected... apparently.

    Maybe it's changed???? I do remember just the trunk for a hand gun wasn't enough but for a rifle it was ok... I remember that because it was just another law the didn't make sense, imo.

    But neither here nor there if it isn't the current law.

    Thanks for calling it out.
     
  18. danez71

    danez71 Member

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    Maybe you could expand on this a little?

    Handguns with the mag outside the grip has additional restrictions? Classified as an assualt pistol or something ....?

    I don't have any so I'm not familiar with that.
     
  19. RickD427

    RickD427 Member

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    You're right on this one. California has quite a few added restrictions on handguns that meet the Assault Weapon definition. Here's the text of the applicable statute:

    30515.

    (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:

    ...

    (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:

    (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

    (B) A second handgrip.

    (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

    (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

    (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
     
  20. George P

    George P Member

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    He never said anything about mags outside the grip; he said mags holding more than 10 rounds; so no Glock 19s with the 15 rounder, you need to bring a 10 rounder.
     
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  21. deadin

    deadin Member

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    That means that my Broomhandle Mausers are OK but my Benelli MP95e .22 target pistol isn't???

    I traveled extensively in CA when full timing in my RV and my rules were "Don't volunteer of brag about your guns. Don't lie if asked. And be very careful about trying to go onto most Military Bases if you have firearms anywhere in the vehicle. (Even following the CA regs posted above..)"
     
  22. .455_Hunter

    .455_Hunter Member

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    I usually just bring a revovler plus a few speed loaders and follow the guidance above. Sure, it's not available for IMMEDIATE action, but in about 15 seconds you can do from unarmed to armed, which is far better than leaving your gun at home. Plus, you can be fully armed at night in your motel/hotel room.
     
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  23. RickD427

    RickD427 Member

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    Every Broomhandle Mauser that I've ever seen has the magazine outside of the grip. That would make it an "Assault Weapon" under California law. Is there something special about your Mausers?

    The Benelli MP95e is also an "Assault Weapon: under California law (although I would not get too far mounting a military assault with a .22). A lot of folks make the mistake of thing that rimfire pistols are exempt for the Assault Weapon statute. They're not. Rimfire rifles are exempt, but not pistols.

    UPDATE - Please see subsequent postings concerning the Olympic class exemption for the Benelli, and the potential for the Mauser to be exempt if fixed mag.
     
    Last edited: Feb 28, 2019
  24. .455_Hunter

    .455_Hunter Member

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    Are the .22 and .32 wadcutter semi-auto target pistols with outside the grip magazines also "assault weapons"?
     
  25. 9mmepiphany

    9mmepiphany Moderator Staff Member

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    Without looking it up, I'm thinking that the Olympic Pistol exemption to the Safe Gun Roster also exempts it from the assault weapon provisions of Penal Code

    EDIT: I looked it up
    Penal Code sections 32105 and 30515, subdivision (c)(2)
    The Benelli MP95e is specifically named as exempt...the list is four pages long

    On the various Mauser 96 that I've seen/handled, the magazine wasn't detachable...they were clip loaded
     
    Last edited: Feb 28, 2019
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