California shotgun question

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trodery

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My son is coming home to Texas for Christmas, I would like to buy him a shotgun to take home, are there any weird laws that he would need to be aware of to have the gun at his home in California?
 
That is not correct.

It's not a handgun.

Since he is your son, you can just give it to him, end of story.

That assumes that the gun in question is legal for him to own, in California.

When he goes into California, it has to be unloaded, with no rounds in the magazine. That's about all.

What kind of shotgun will he be lucky enough to receive?:)
 
Unless it is an "assault weapon".

Which for shotguns means :

A semiautomatic shotgun that has both of the following:

1. A folding or telescoping stock.
2. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

A semiautomatic shotgun that has the ability to accept a detachable magazine.

Any shotgun with a revolving cylinder.
As well as a few specifically named.

There is modifications to make anything not named legal however.
 
Keep the gun and ammo separate and locked when you transport them and make sure he's aware of all the liability laws in CA that come with owning a gun. Other than that, any 'normal' shotgun is legal here.
 
Thanks for the replies guys, I suppose I should have given a bit more information.

I plan on buying him an over and under double barrel and he will be flying home with it.

For years I have been trying to get him interested in guns but he would have no part of it, a couple months ago he flew in for a visit and as always I asked if he would like to go to the gun range and much to my surprise he said YES! We went to the pistol range where he kinda liked shooting my 45's and then we went over to the skeet range where he REALLY enjoyed himself! So I thought a nice double barrel would be a great gift!
 
Keep the gun and ammo separate and locked when you transport them

Again, this is not necessary.

I really have a hard time believing you people in California who have no idea what the laws are. And if you don't know, then why do you misinform others?

http://www.chp.ca.gov/html/answers.html
http://www.ag.ca.gov/firearms/

A long gun need not be locked. The ammo can be in the case with it, just not in an attached magazine or in the chamber. California has state pre-emption.

An over/under will be no problem, since there's no magazine. If it's unloaded, it's legal to carry in any way you want. You can drive around with it on the seat of your car if you want to (of course you won't, anyway, because you don't want to scratch it up).

It's the airline requirements that you need to find out about.:)
 
When I took my hunter safety course last summer, both the teachers, one of whom was an ex-Yolo County Sheriff, told us specifically that it was illegal to have both gun and ammo in the same car without locks. I took him at his word.

And while I was wrong, offering advice that over-complies with the laws (and to me qualifies as common sense when I'm traveling with firearms), isn't really 'bad' advice, in my opinion. No one is going to get in trouble because they had a trigger lock on their gun in the trunk while it might be technically legal for it to be unlocked.
 
Thanks for the replies guys, I suppose I should have given a bit more information.

I plan on buying him an over and under double barrel and he will be flying home with it.

For years I have been trying to get him interested in guns but he would have no part of it, a couple months ago he flew in for a visit and as always I asked if he would like to go to the gun range and much to my surprise he said YES! We went to the pistol range where he kinda liked shooting my 45's and then we went over to the skeet range where he REALLY enjoyed himself! So I thought a nice double barrel would be a great gift!
Nice! I am sure he will enjoy it-- great dad you are there Brother!
 
If your son is a CA resident, Federal laws require the shotgun to be transfered through a CA FFL dealer. There is no gift exemption to the Federal laws.

Firearm transfers between residents of different states must be facilitated by a FFL dealer in the buyer's/reciever's state of residence. However, rifles & shotguns can be transfered in the seller's state of residence by a FFL dealer in the seller's state, as long as the transfer complies with both the seller's/giver's & buyer's/reciever's states' laws.

CA laws require firearms aquired by CA residents to be transfered through a CA FFL dealer.

A firearm being transfered via bequest/inheritance is exempt from the FFL dealer transfer requirement, but the giver is required to be dead in order for this exemption to be used.


18 USC 922
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
 
Correction to my first post. The gun must go through a CA FFL for DROS and wait the ten days. This and the above post are correct.

Sec. 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or
deliver any firearm to any other nonlicensee, who the transferor knows
or has reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides: Provided, That
the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of
a firearm made to carry out a bequest of a firearm to, or any
acquisition by intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the laws of the State of
his residence; and
(b) shall not apply to the loan or rental of a firearm to any person
for temporary use for lawful sporting purposes.

Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, shall transport into or receive
in the State where the person resides (or if a corporation or other
business entity, where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that State:
Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State of
residence from transporting the firearm into or receiving it in that
State, if it is lawful for such person to purchase or possess such
firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm
obtained in conformity with the provisions of Sec. Sec. 478.30 and
478.97.
 
Could dad give his son cash for Christmas and then the son goes and buys his shotgun while on vacation? Then HE purchased it, it is his, and then he just needs a case to transport it on the airline home. Would this not negate having to do a FFL transfer in CA?......
 
oneounceload said:
Could dad give his son cash for Christmas and then the son goes and buys his shotgun while on vacation? Then HE purchased it, it is his, and then he just needs a case to transport it on the airline home. Would this not negate having to do a FFL transfer in CA?......

No. Because...

Quiet said:
CA laws require firearms aquired by CA residents to be transfered through a CA FFL dealer.

There is an exception in CA law for immediate family members, however the immediate family members must both be residents of California.
 
When I took my hunter safety course last summer, both the teachers, one of whom was an ex-Yolo County Sheriff, told us specifically that it was illegal to have both gun and ammo in the same car without locks. I took him at his word.

You want bogus information about gun laws? Ask your favorite LEO. Go ahead and comply with this imaginary law, though. One day, it will cost you game, and you'll find out what you really need to do.

I stand corrected re Federal law.

California allows a father-son gift inside the state, but this is across state lines. So you'd have to do an FFL transfer in any state, I guess.

oneounceload: unfortunately, California law does not allow residents to buy non-C&R guns outside the state, and Federal law appears to support this restriction (transaction must be legal in both states, even if through an FFL).
 
Keep the gun and ammo separate and locked when you transport them and make sure he's aware of all the liability laws in CA that come with owning a gun. Other than that, any 'normal' shotgun is legal here.

Not a legal requirement for any type of gun. In fact case law has made it legal to keep ammo actually on it in a side saddle.
Long guns (unless previously registered "assault weapons") do not need to be locked up under any California law, and there is also no law against one being concealed (like in the vehicle, not carried on you). (Pistols need to be locked up if concealed, but they only must be unloaded, not locked up separate from ammo.)
So as long as the shotgun is unloaded meaning no round in the chamber or magazine inside the weapon, virtually any manner of transport is legal.
It is even legal to keep a shotgun in the passenger area of a vehicle, with rounds in a side saddle.

There is an exception in CA law for immediate family members, however the immediate family members must both be residents of California.

Even if it was purchased out of state?? Wow, thanks.....
Ain't California grand...

Not just California.
It has more to do with federal law.
Federal law does not allow transfers of most firearms between people from different states without going through an FFL.
California requires most transfers go through an FFL even in the state but gives some exceptions, and federal law says transfers between people of different states must comply with the state law in both states to be legal.
However even absent any California law it would not be legal to simply transfer a firearm to someone you know is an out of state resident under federal law.
From Texas to a citizen of any other state would require transfer through an FFL. Not Just California.

I believe the main exceptions to federal law are firearms left to someone in a will when the person dies, or an heir automatically gaining ownership.
Not simply because a dad wants to give a son a gun while he is alive.


California has some really stupid laws, some of which have not even taken effect yet.
However in regards to the laws mentioned above numerous states are much more restrictive. The ability to drive around with a long gun (or unconcealed unloaded handgun) and ammunition readily available in California is more freedom than given to people with no license or permit in a significant portion of the United states.
 
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Zoogster said:
However even absent any California law it would not be legal to simply transfer a firearm to someone you know is an out of state resident under federal law.
From Texas to a citizen of any other state would require transfer through an FFL. Not Just California.

BUT - with a resident from most states other than California, the transfer could take place at a Texas FFL since it is a rifle or shotgun we are talking about, which would make it easier to give as a gift... :D
 
LOL...I think it would be much easier if he just moved back to Texas! :)

I think what I meant to ask was this question...

When my son lived here in Texas he had purchased a brand new shotgun but when he moved to California he did not take it with him, he has now decided to take this shotgun home with him. Is there any problem carrying the gun back home? ;)
 
Ok, here's a question. Everything I read on this site seems to indicate that a concealable gun must be locked in order to transport it in a car. I don't see anything to support this in the law, only that it must be locked if it is carried concealed. Am I reading this law wrong?
 
When my son lived here in Texas he had purchased a brand new shotgun but when he moved to California he did not take it with him, he has now decided to take this shotgun home with him. Is there any problem carrying the gun back home?

No, but there is a date on a 4473 so if not purchased before he became a CA resident, and purchased by you, then there is a clear paper trail of law breaking. Perhaps never noticed by anyone, but still there.



Ok, here's a question. Everything I read on this site seems to indicate that a concealable gun must be locked in order to transport it in a car. I don't see anything to support this in the law, only that it must be locked if it is carried concealed. Am I reading this law wrong?

First of all so the OP does not read unncessarily, none of this has to do with the OP's question, and only applies to handguns and similar concealable weapons (like AOWs):

The Attorney General site does not give the law perfectly, it gives general guidelines based on the cited laws that will keep someone clean if they follow them. However there is many exceptions in the laws they do not cover because the complexity would confuse people.
So their guidelines are often slightly more strict than reality to keep them simple.

There is no law that a handgun must be concealed. In fact even the Highway Patrol will acknowledge it is perfectly legal to have an unloaded handgun sitting on the passenger seat in plain view.

The law actually says it is illegal to conceal a handgun, but there is an exemption if it is in a locked container.
It also exempts the fully enclosed trunk of an automobile.
This is under the initial part of PC12025, which outlaws all concealing of a handgun.
Then later within PC12025.5, and PC12026, PC12026.1, PC12026.2, PC12027, PC12027.1 there is numerous exemptions to when PC12025 does not apply. One of them is when it is in a locked container. (There is also other exemptions under law like in your residence, place of business, private property you own or legally control etc)
It is in no way a requirement, rather one of many exemptions to what would otherwise be illegal concealed carry/transport.

However that is only for handguns. It is confusing if you just read the statute sometimes, and you need case law as well. Short barreled shotguns and rifles are beyond the reach of most CA residents. Based on case law a "firearm capable of being concealed upon the person" does not include a long gun.
So long guns are never effected by pc12025.
Meaning they can in fact be within the vehicle and concealed or openly carried.
(Except registered "Assault Weapons" which have different transport requirements.)
Nothing can be loaded per PC12031, but case law has made PC12031 mean something much more clear than casual reading of the statute and its many interpretations.
Under PC12031 case law it simply cannot have a round actually inserted into the gun in a magazine or chamber. Loaded magazines sitting right by it are fine. So are rounds in a side saddle, or otherwise attached in a manner from which they cannot be fired are fine as long as they cannot be fired from that position (like rounds in the hopper feeding mechanism of a gatling gun would be illegal.

Also important, a detachable magazine has been interpreted to be subject to PC 12025, but not PC12031 through case law. Meaning you cannot conceal a magazine, or it counts as a concealed firearm.
However it is not a firearm per 12031, so a loaded magazine is not a loaded firearm.
So sometimes a magazine is a firearm, and sometimes it is not. :neener:
What this does mean though is if you are transporting a handgun magazine be sure to put it in a locked container as well or leave it unconcealed. Because while the handgun is with you that magazine is considered a part of the operational handgun per PC12025 case law.


So no, nothing in the law requires you conceal a handgun to transport it. Meaning nothing requires it be in a locked container for transport. However since that is how most people choose to comply with the transport requirements, if a police officer found you doing something different it would be foreign to them. Meaning it may result in problems for you that require legal work to resolve. The other methods of legal transport, or additional exemptions to concealment are tedious to understand, and some are more discretionary for a court of law.

A handgun can even be transported concealed and immune to PC12025 (law against concealing it) while engaged in a long list of activities, but it is not recommended.
12026.2 lists so many instances where PC12025 does not apply, too long to list in entirety here, like going to and from a long list of activities or events, that you could probably legally transport a handgun even concealed most of the time outside of a locked container. (Meaning the magazines as well.)
Like to and from a sporting event, place of purchase or sales, to and from a place for repairs etc
But doing so puts you at the discretion of the court, as to whether they feel you met such an exemption if you are arrested.

For example per PC12026.2 anyone going to or from a target range is immune to PC12025:
The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.

So a person is actually immune to PC12025 under many circumstances they are taking a gun directly to or from a location for legal use, sale, repair, etc
However not when simply traveling around or going to other destinations in between.
Like going to work with it in the vehicle, and then planning to do something exempted under PC12026.2 would not count because you were not going directly to or from that activity. Stopping at another location which was unnecessary (gas station probably fine if required) would also interrupt the "directly to or from".
Or stopping by the store to get some snacks may remove the "directly to and from" exemption for an exempted activity.

So PC 12026.1 (transport in a locked container exemption to PC12025) is the easiest way to always be in compliance if the firearm is concealed because it does not require going directly to or from a location.

So it is often legal to transport unconcealed, and legal to transport concealed under a massive list of exempted circumstances outside of a locked container, trunk etc totally immune to PC12025. That is just the easiest most simple way to always be in compliance

The primary limitation on freedom through exemptions to PC12025 is from the California Gun Free School Zone Act (PC 626.9).
Violating that law by traveling within 1,000 feet of a school (on the grounds is different) with a handgun outside of a locked container when otherwise legal is a misdemeanor crime (unless a prohibited person).
If not in compliance with PC12025 through an exemption it is a felony.
So while there is a violation of PC12025 then felonies are likely being committed due to the Gun Free School Zone Act, because traveling in almost any city or town takes you within 1,000 feet of schools many times and often is unavoidable. Traveling within 1,000 feet of a school while there is any violation of PC12025 is a felony.


Because of the California Gun Free School Zone Act there is a de-facto requirement that to get anywhere in the state you will most likely need to place a handgun in a trunk or locked container to avoid violation.
 
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Zoogster, your interpretation is the same as mine. I would be interested in seeing something from the CHP that says that they recognize that the unloaded handgun sitting on the front seat is not illegal. I would like to keep a gun in the car, and I really don't want to run afoul of uneducated police and lose my gun and incur huge legal expenses. I can't afford that.

What I was referring to is this: California Penal Code section 12025 does not prevent a citizen...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.

Technically, they don't say it has to be locked if it's not concealed, but it sure seems to indicate that that is the law.

In the shotguns and long guns section it says this:
Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container.

This would seem to indicate that concealable guns are required to be transported in a locked container. Again, it doesn't really say that, but it sure does imply it.

It would be easier if they didn't phrase things this way. What worries me is that if this wording is similar to the wording used in whatever they use to train the police, then most police would arrest you for openly carrying a gun in your car.

Interestingly enough:
(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.

This means that even if the cop can't see it, an open belt holster isn't concealed, it's written right into the law, and that's the only thing that is specifically stated as not concealed. What would concern me is that anything but on the seat could be seen as concealed carry. If the gun falls on the ground, if it's on the back seat, if it's anywhere the cop can't see, he could call it concealed. This is the one exemption, and that would be easy enough to comply with.
 
Technically, they don't say it has to be locked if it's not concealed, but it sure seems to indicate that that is the law.

They are keeping it simple. PC12025 is the law against concealed handguns. It has nothing to do with rifles or shotguns.

The only law that will make you want to keep the pistol in a locked container even when exempt in other ways is the Gun Free School Zone Act of California.

Not because it is required to comply with PC12025.
Under PC12025 a locked container or the trunk is one exemption, under PC12026.1


PC12025.5 says PC12025 does not apply to anyone in fear of their life from someone they have a restraining order against.

PC12026 says PC12025 does not apply to anyone over 18 who is not a prohibited person while on their own private property (PC12031 still effects this in a neighborhood if the property is open to the public and not gated or with legal intervals of no trespassing signs), residence (home or campsite) or private business.

PC 12026.1 says it does not apply to anyone who stores it in a locked container or the trunk of a vehicle.

And PC12026.2 says it does not apply to anyone going directly to or from a massive list of activities too numerous to list.

PC12027 says peace officers, military and guards performing their duties, and a few others including those with a Concealed Carry Permit are exempt. And PC12027.1 applies to retired peace officers.



All of them are equal exemptions, none of them are greater than the other.
So why would the PC12026.1 exemption be a requirement?
The answer is it is not, it is one of numerous exemptions.

Exemption to what? Concealing a handgun.
That is all it is, an exemption to a concealed (unloaded) handgun, not a requirement in any way, but an exemption if you conceal it.
Not a requirement to conceal it and hence lock it up, and not the only exemption if it is concealed.


If you just want to carry a gun with you though, that is not covered under PC12026.2 exemptions pertaining to going directly to and from most legal firearm related events. A regular person goes many other places on a regular basis, all of which would negate that exemption. So if concealed it would need to meet another exemption, like being in a locked container.
Unconcealed would be legal in general. Unconcealed is dangerous though, if you stop quickly and it slides out of view or becomes partially concealed then that is also a violation of PC12025. It is also likely to result in calls the the police when people see it, and experiences you may not enjoy, but hopefully live through.


The only requirement under the law for having it in a locked container or trunk is under exemptions for the Gun Free School Zone Act of California.
Under that law going within 1,000 feet of a school with a firearm without meeting one of its many listed exemptions, like under PC12025.5 (restraining order and in fear for life), or exempt under 12026, or PC12027, is a crime.

So you could run afoul of the School Zone Act (California, the federal one is harder to prosecute but it is there too) with a handgun.
Not with a long gun however:
This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.

So carrying an unloaded rifle or shotgun in the vehicle, is perfectly legal even within 1,000 feet of a school (but not on the school grounds without permission). Even with ammunition available.
However if any other laws are broken it is considered a loaded weapon under other sections of law pertaining to criminal activity and there is enhancements.
The PC12025 portion applying to concealing magazines also would not apply to a rifle magazine (because it was considered both parts part of the handgun under the Hale case law, unless of course you happen to be transporting a handgun that takes the same kind of magazine at the time). So they could be concealed or openly carried as well.
So something like a mini 14 or other non-"assault weapon" with a detached loaded magazine nearby would be perfectly legal.
As would be a shotgun with loose rounds or rounds in a side saddle.

A loosely carried handgun however would appear to violate the Gun Free School Zone Act. Try mapping out a route that does not use a road that goes within 1,000 feet of any school public or private sometime. It is nearly impossible.

Here is an example of a major city (ignore the federally cited law, that is not the concern, instead it is the California version of the same law that is not subject to the Supreme Court ruling the federal version was):

GFSZ%20Phoenix.jpg
 
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I've actually done this about a year ago. The biggest PITA you'll have to deal with is getting the gun on the plane. The nice thing is it's pretty cut and dry. You'll need to get a hard sided, lockable gun case to transport the gun in - get this ahead of time. When he checks in at the airport, he'll need to declare the firearm (most airline people are cool about the whole process). It will require that the case be opened and the gun be inspected to ensure it's not loaded. They'll put a couple docs in the case, make you sign a paper, and ask you to lock it up. There MAY be a checked bag fee applied.

Once you hand it off to the counter person, they may ask you to stick around until the security folks give the thumbs up. If they need to inspect it again, YOU will need to unlock it and open it. They are not legally allowed to open the case without you present. Once they clear you though, you're golden.

When your son lands, he needs to RUN to the baggage claim carousel to pick it up. It will be the last thing put on the plane and will be the first thing dumped onto the carousel. He won't want to have that case out of his sight - trust me.

Once he gets it home he has a grace period to register it in the state of California. Yes, even long arms are legally required to be registered when brought in from out of state. I'm not sure about any waiting periods, but a good CA FFL can answer your questions on that. I think the grace period is either 10 days or 30 days.

As for cases to transport the shotgun in, I SWEAR by the Cabela's bullet proof gun cases:

Cabela's cases

I use them not only for air travel, but also just general for going to/from the range. They always get looks and comments, and after getting my first one all my friends picked one up for themselves.

Good luck and happy holidays.

-MW
 
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