Carrying unloaded handgun in truck - legal in all states?

[Novus Collectus]

I know you said West of the Missisippii, but just in case you do head out this way some day.
Even Washington DC recognises FOPA and allows hadnguns to be transported through the city as long as you don't stop, it is unloaded and securely wrapped (and, oddly enough, be in open view). You also must be able to provide proof you are on your way to a "recreational firearm activity". [7-2502.01, (b), (3)]

Maryland allows more rights for tranposrting a handgun for out of state residents passing through than it does for state residents. An out of stater passing through can stop and eat or stay at a hotel, but for a MD resident, we can't even stop for a pee if we are transporting a handgun to the range (Technicaly speaking of course. No one has ever been convicted of doing that we know of).

 

[Librarian]

The CHP info, unfortunately, is in error in regards to actual court cases. The truth of the matter is that courts will interpret the statute against one caught with ammo in same container. It has happened.

John Machtinger, in How to Own A Gun & Stay Out of Jail (California Edition) is less certain - he says "the law is not clear". Perhaps you could tell me which cases you are thinking of?

Better to be safe than adjudicated

Can't argue with this - it's just not all that inconvenient to keep separate. Besides, my small gun case has only room enough for the guns!

 

[Condition Plaid]

The two following sections of CA Penal Code are nebulous enough to allow district attorneys to prosecute for ammunition in a locked container with a weapon. Note the language in 12031 (g) that reads 'but not limited to'. That effectively means that a district attorney can decide to prosecute if they are feeling particularly nasty. Laws are interpreted all the time, and prosecutions have been based on violations of the 'spirit' of the law.

As for specific cases to list...I have none. I trust what I've been told by law enforcement and legal folks. I'm not willing to test it, nor do I need to. The laws may be nutty, but they are not hard to follow if you take a little care.

Bottom line, if you don't have a CCW in Cali then the handgun should be locked in the trunk or a container, and the ammo should be in a separate container, locked or unlocked. Also, if a handgun is not listed on your CCW License, it needs to be secured as above. If it is on your CCW then it must be within your 'dominion and control'. How's that for enough wiggle to be prosecuted on even if you are technically following the law?

12026.2 (b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.

12031 (g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.

 

[Librarian]

As for specific cases to list...I have none. I trust what I've been told by law enforcement and legal folks. I'm not willing to test it, nor do I need to. The laws may be nutty, but they are not hard to follow if you take a little care.

OK. Since you can't cite the cases where 'it has happened', you might consider being a tad less dogmatic. Your advice is good, but it's apparently (and I could be wrong here) based on your own perception of what risk you want to assume. I act on the same basis, and as I noted, I keep my ammo separate. But without the ability to cite chapter and verse, saying "that's the law" is not really the case. "It could happen that ..." is true, and may be valuable counsel to the risk-averse.

I'll willingly defer to actual lawyers offering paid, binding-on-their-licenses legal advice on this (or most other legal topics). I don't qualify for membership in that group.

 

[greener]

What a nightmare! So, over Christmas, if I want to take a couple of my latest purchases from central Virginia to Michigan for a little show and shoot with the kids I'd best plan my route carefully. Having a CCW has little benefit en-route. Driving through Maryland and Pennsylvania is the "best" route. The handgun laws make you feel like a criminal. I wonder how the real bad guys do it.