California gun owners: question about transporting

[CONNEX 3300]

I know that this is not expert legal advice and that I personally am responsible for knowing the law, and that I can't be sure that the advice I receive here is reliable or accurate.

Ok, with that out of the way, it seems to me from reading California law, that I am ok to transport a handgun in a car as long as its unloaded and locked in a gun case.

Sooo... If I as an out of state guy have an unloaded 1911 and a couple of 7rd mags loaded with fmjs locked in the factory case; will I have any trouble with it in the trunk of my car or in my LA hotel room?
I wanted to hear from the locals who are more familiar with real life California as opposed to just what I read on paper.

 

[Snag]

In the trunk of the vehicle in a locked box is the key part. Here's a quote from the DOJ on handguns from this page.

HANDGUNS

California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

 

[CONNEX 3300]

Well it sounds like in a vehicle I am good to go. Any foreseeable problems moving it into a hotel room in LA?

 

[Jon_Snow]

As Snag quoted, the law only requires that it be in a locked container and the trunk would count as one. If you lock it in the factory case AND out it in your trunk, you're double-covered, which isn't a bad idea as many cops aren't up to date on the exact details of the law.

For the hotel, you are fine to carry it unloaded in the same case into the hotel. While you're in your room, you can carry it loaded and concealed if you want, your hotel room is your 'home' and the laws against loaded and concealed carry no longer apply.

 

[Teachu2]

Jon - does that apply in San Francisco as well?

 

[Capybara]

Also, be careful, some hotel chains have specific rules and regulations about having a firearm in your room. I saw a thread about this where a guy had his gun stolen from his hotel room, when he notified the manager, he was informed that guns were not permitted at the hotel at all so they were very unhelpful and basically asked him to leave.

 

[Librarian]

does that apply in San Francisco as well?

Despite what they seem to believe, San Francisco is still a part of California. Yes, it applies there.

See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/Transporting

 

[CONNEX 3300]

Thanks guys!

 

[CONNEX 3300]

Ok I might have spoken too soon. One last question.

If pulled over by an officer, or stopped at one of those state line check points, am I required to inform the officer that there is a handgun in the vehicle? Even if it is unloaded, locked in a case, in a suitcase, in the trunk?

 

[rromeo]

No. You are not required to volunteer any information.

 

[Librarian]

stopped at one of those state line check points

Those are agricultural inspection stations only; CA has about $37 billion in legal ag products (and some unknown in illegal grown products, guessed at about $7 billion). Stopping the accidental import of agricultural pests is the goal of those.

 

[splithoof]

Best advice for an average private citizen non-resident (who cannot legally carry, as CA does not recognize other state permits) is locked container, out of sight, nothing else to clue LE towards guns, obey traffic and vehicle equipment laws, and very likely you will have no problems. In short, keep a low profile.

 

[Zoogster]

California is actually pretty good to non resident visitors. They must follow the same laws as residents, and none extra.
A lot better than visiting some other states that have requirements such as licenses for residents that as a visitor you won't be obtaining.

In California even your temporary hotel/motel/campsite etc as a tourist gives you all the rights of a home owner as it pertains to firearms and self defense.



The only thing I can think of that is different is that there is a provision for unregistered handguns that if they are illegally carried there is a felony enhancement instead of a misdemeanor. And only residents have their guns registered.
So any unlawful carry by a visitor would be a felony. But it is still illegal for either person.






You are free to possess or transport a handgun with no ammo in it in a locked container and/or in the trunk of a vehicle.
It can be in a locked container and next to you or wherever you want, the trunk merely can count as a locked container absent one (although now that unloaded transport/carry is banned outside exemption, taking it out of the trunk without it being in a locked container could pose a problem.)
So it doesn't even need to be in the trunk, the California transport requirements are a lot less severe than the FOPA requirements.
You can also have ammo inside that container. You can even have ammo inside a detachable magazine inside that container as long as it is not inserted into the firearm.
The container must remain locked though, otherwise it becomes an illegally concealed handgun not meeting the exemption of being in a locked container.
When you are in your temporary residence you are free to have it loaded and can carry it openly, concealed, keep it beside you, or do with it as you please (as long as how you keep it does not make it available to children.)

 

[Jon_Snow]

Jon - does that apply in San Francisco as well?

As Librarian poitned out, yes it does. San Francisco keeps trying to introduce more onerous laws than our state government but the usual result is them getting slapped by an injunction. The Ca State Constitution precludes counties and cities from passing many kinds of fire-arm laws.

An important side note on trunks; part of the definition of a trunk is a compartment that is not accessible from the passenger compartment. Be careful if you have a hatchback or similar car where you can fold the rear seats down. My Integra allows me to fold the seats down from the passenegr compartment, so legally I don't believe I have a trunk. I alway transport handguns in a locked container.

 

[bergmen]

Jon - does that apply in San Francisco as well?

It depends. The planet San Francisco that orbits around some mysterious star in some mysterious solar system in some mysterious universe, probably not.

City and County of San Francisco, yes, state firearms laws preempt all local laws even though they haven't actually learned that yet.

I never worry about it (California native here).

Dan