Driving to California

[wyocarp]

Driving to California through Nevada from Wyoming

I have to help my daughter move her things from California back to Wyoming this week. As I am looking at the states I have to enter (mostly California and Nevada), I almost feel like telling her to make several trips to where I will be waiting for her at the boarder. Okay, I won't do that. I'm not used to driving without a small arsenal with me.

I'll have to even look through my gun collection to find one that is legal in California (in a locked case, unloaded). I know, a revolver. But not my .500's. I guess a couple unloaded .357's. How much good is that? Unloaded I mean. I could just bring some lead to throw. The problem is that I can't throw it nearly as fast as I can shoot it.

Anyone else used to carrying that has had to drive into communist block on the west coast called California?

 

[jakemccoy]

Is this a Cali bash thread or is there a question about options?

 

[Librarian]

What you can buy here is different from what you can have here.

So long as your handgun is not what our Fine Legislature has decided to call an 'assault weapon' -

(4) A semiautomatic pistol that has the capacity to accept a
detachable magazine and 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 his or her 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.

you can have it.

But unloaded, in a locked case (which can be your trunk) is still required.

 

[Sinixstar]

But unloaded, in a locked case (which can be your trunk) is still required.

And when you get out of the car, you're not going to be able to carry it. Kinda makes the whole exercise a bit pointless. You can *have* it, but you can't do anything with it.

 

[Sinixstar]

you also might want to check out California Penal Code section 12800-12809.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7277637059+16+0+0&WAISaction=retrieve

Essentially says, simply to posses a handgun, you have to be certified as being qualified to handle it.

When you combine that - with this :

Code of Federal Regulations
Title 18 > Part I > Chapter 44 > § 926a
§ 926A. Interstate transportation of firearms
Release date: 20050803
Notwithstanding any other provision of any law or any rule or regulation of a State or any
political subdivision thereof, any person who is not otherwise prohibited by this chapter from
transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any
lawful purpose from any place where he may lawfully possess and carry such firearm to any
other place where he may lawfully possess and carry such firearm if, during such transportation
the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily
accessible or is directly accessible from the passenger compartment of such transporting vehicle:
Provided, That in the case of a vehicle without a compartment separate from the driver’s
compartment the firearm or ammunition shall be contained in a locked container other than the
glove compartment or console.

I'd think long and hard before loading anything up.
Essentially - if you're not certified by the state of California, you are not legally allowed to have a handgun. This being the case, it would be against Federal law for you to load up and drive over, given that your destination is California.

Not lookin good.

 

[Librarian]

you also might want to check out California Penal Code section 12800-12809.

http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

Essentially says, simply to posses a handgun, you have to be certified as being qualified to handle it.

No no no no no!

That's to BUY one (or have one transferred to you). And the 'test' is quite trivial - it's just a hoop to jump through. Read more here.

But I have to agree, being unable to keep one loaded does reduce the obvious utility.

 

[Oro]

When you combine that - with this :

But you don't combine them. That's the law. The first word of the USC is "Notwithstanding" - which means that it pre-empts any other local law. The OP can carry his gun in CA by following these rules regardless of - "notwithstanding" - any other state or local law.

 

[loneviking]

California is the only problem state---NOT Nevada. And yes, unloaded and locked away is the rule in California. I live in Nevada and don't like going over to California much because of their gun laws that nobody really understands and that includes the cops!

 

[Shear_stress]

...and, yes, you can bring your 500 S&W there. Not exactly practical, but still legal.

 

[harmonic]

What part of kal are you talking about? Malibu is different from, say, south central LA.

Your weapon will provide protection at night wherever you happen to be staying. Other than that, the laws are written so that pretty much only the gangbangers, dope addicts and career criminals are able to carry on a daily basis.

The kal pols apparantly decided a long time ago that they needed to thin the herd of law abiding citizens.

 

[Justin]

...and, yes, you can bring your 500 S&W there. Not exactly practical, but still legal.

Nothing about any of wyocarp's carry rigs is practical.

 

[ZRX61]

In Cali you can have the gun & ammo etc on the passenger seat right next to you providing it's locked in a box...

According to the person who gave me my 5year handgun safety certificate....

 

[krs]

Such law is in place to restrict your criminal intentions and to penalize you for your criminal acts.

You have criminal intentions until proven otherwise, but there's no way to prove otherwise.

If you are not a criminal then accept your treatment as though you are or will be a criminal like a good law abiding citizen.

And if you are a criminal then do as you always do - ignore whatever law there might be.


Watch your speedometer and look for the speed limits. California Highway Patrol is on an accelerated revenue generating mission and are on the lookout for out of state plates going faster than posted limits right after crossing the border. Last I knew they were raking in $375. per each violation knowing that out of state folks seldom bring their case to court. It's easier to just pay by mail and they've got that all figured out. If you are taking a trailer be especially careful. The limit for trailers is 55 mph loaded or not, and they post it on a small print sign soon after you go over the border. They seem to love nailing trailer pullers.

 

[Librarian]

In Cali you can have the gun & ammo etc on the passenger seat right next to you providing it's locked in a box...

True.

For that matter, you can legally carry unloaded and very much unconcealed in a holster on your belt. Not many LEOs are aware of that (though the word is getting around through acceptable LEO channels), and certainly very few non-gunnies know, so there is a pretty high risk of 'man with a gun' calls.

Unloaded open carry is something of a political statement at the moment, rather than a desirable state of affairs. One hoped-for beneficial effect is education of LEOs and the rest of the public.

Kinda sad that that should be necessary.

 

[krs]

Over thirty five years ago now I exercized the priviledge to carry open in a holster on my hip. I walked down the main street of Tiburon, CA, my home town, that way. Or I should say that I started to walk down Main St. (less than 200 yds. long, end to end although it extends around past downtown under the name for longer) because I made it less than half way before good old John Goff, deputy from the Tiburon substation of the Marin County Sheriff's Department whom I'd grown up having chase me around for this or that all my life, came by to say Hi. He asked me what I thought I was doing and I told him. He knew it was within the law to do that in the county proper, but that the incorporated area of Tiburon wasn't so clear. Anyway, he said that someone had called and he asked me to knock it off. After asking him to reaffirm that I had the right to do it, which he acknowledged, I wrapped my hogleg in my jacket and took it back to my car.

Them was in the good old days in Tiburon. Today I'd be locked up for sure, right or no right.

 

[ZRX61]

For that matter, you can legally carry unloaded and very much unconcealed in a holster on your belt. Not many LEOs are aware of that (though the word is getting around through acceptable LEO channels), and certainly very few non-gunnies know, so there is a pretty high risk of 'man with a gun' calls.

Would it still be legal if you had a couple of full clips in your pocket?

 

[jakemccoy]

If you're serious about carrying in California, I recommend getting cheap advice from the following sites:

opencarry.mywowbb.com/forum12
calguns.net
calccw.com

There's some correct advice and some incorrect advice here. Cali-specific forums tend to be a more efficient use of your time for researching Cali laws.

 

[wyocarp]

Nothing about any of wyocarp's carry rigs is practical.

Justin, that comment is getting close to a nerve. I'm sure you haven't seen all my rigs. And just which ones would you be referring to? Okay, I do like large bore guns.

And a different note, I wasn't intending to bash California as one earlier mentioned, but....

And wow, it's worse than I even imagined. The list that Librarian supplied really opened my eyes. I kept crossing guns of at every sentence. I guess I'll be bringing a lock box and a couple revolvers.

A couple mentioned that the .500 would be legal (which I usually have at least one of in my vehicle although I don't usually carry one except in the woods while hunting). I thought there were restrictions on anything in the .5 calibers?

 

[Zoogster]

Code of Federal Regulations
Title 18 > Part I > Chapter 44 > § 926a
§ 926A. Interstate transportation of firearms

That is the interstate exemption under federal law, and is more restrictive than CA law. The OP would not fall under the federal exemption anyways because they are not simply passing through CA, it is thier destination they are stopping in.
That federal exemption is also not a legal requirement for transport at all times, otherwise it would apply to everyone in the nation. It is just the requirement to fall under the exemption and be able to ignore the law of states you are passing through.
So none of that applies in CA for the OP.

In Cali you can have the gun & ammo etc on the passenger seat right next to you providing it's locked in a box...

True, but that is more restrictive than the law.

Actualy many people get things confused because they think the transportation requirements listed under the concealed weapon exemption are actualy the transportation requirements in general. That gets repeated over and over, even listed on various websites as a requirement for transportation.

Being in a locked container or locked box (the trunk can be the "locked container" requiring no other locked container) is only a requirement to be exempt from PC12025, which is the penal code that outlaws concealing a handgun!
So an unconcealed firearm does not even have to meet the exemption requirements of PC12026 (which are exemptions to PC12025) because PC12025 does not limit unconcealed handguns.

That means an unloaded handgun, with ammunition or even a loaded magazine (outside the gun) could be sitting right next to you on the seat not in a case and technicaly it is legal.
By putting it in a case you are concealing it, which would be a violation of law (PC12025.) So PC12026 says it is essentialy okay to break the law of PC12025 if it is a locked case!
It is not saying an unloaded pistol must be stored in a locked case, just that the only way to legaly conceal it in violation of PC12025 is in a locked case!

Further PC12025 only applies to handguns. Long guns can be concealed in the vehicle. They also must be unloaded.


This is not a recomendation of what you should do, but instead a clarification of the law which is often misunderstood.

 

[Librarian]

I thought there were restrictions on anything in the .5 calibers?

Very narrow - .50 BMG rifles only.

12280. (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.

I kept crossing guns of at every sentence.

You've got a lot of H&K Tacticals or jam-o-matic TEC-9 or AB10s?

A 'standard' 1911 or Sig or Glock or Beretta would be fine.

Generally, if a 10-year-old boy would think it was 'cool', and a 25-year-old city social worker would get the collywobbles, California does not want you to have it.

 

[sturmgewehr667]

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

sounds like they want gun owners to burn there hands

 

[wyocarp]

sounds like they want gun owners to burn there hands

Actually, since one can only have a musket, and the balls have to be in another state with the powder, there isn't a need for any heat protection. I'm sure the state of California is just looking out for the financial well-being of the people who reside there, not wanting them to spend money foolishly.

 

[JDoe]

For that matter, you can legally carry unloaded and very much unconcealed in a holster on your belt. Not many LEOs are aware of that (though the word is getting around through acceptable LEO channels), and certainly very few non-gunnies know, so there is a pretty high risk of 'man with a gun' calls.

Would it still be legal if you had a couple of full clips in your pocket?

You mean magazines. No. A magazine that is concealed results in a concealed weapons charge even if the gun is unloaded and openly carried in a holster. There is a legal way to carry the magazines and I'm not going to get into how here because you or anyone reading this needs to go to the resources listed above to learn all the fine points to cover if you are going to UOC.

Don't even think of trying UOC (Unloaded Open Carry) without first understanding and knowing the relevant legislation extremely well and having at the very least a pocket recorder and preferably a witness or two with a video recorder.

 

[Oro]

The OP would not fall under the federal exemption anyways because they are not simply passing through CA, it is thier (sic) destination they are stopping in.

Politely, no. Interstate travel/transportation involves as few as two states. That he is picking up a passenger in CA to return to WY does not make him ineligible for protection under the federal law. He is not vacationing, working, or intending to set up residence there, which are the traditional tests to decide if he's a resident and subject to local jurisdiction and not the provisions of section 926a. The trick is if the handgun is legal to own where he is going - where she is awaiting him.

Regardless, as long as it is legal for him to own his gun where he is heading in CA, the provisions of 926a apply should other local or state laws in between be more restrictive. 926a states clearly "place" he is going, not state. If NYC were to ban transporting firearms through it in a car, it would be moot as someone from CT could drive through the city to another point in NY where it was legal to own under the law. For states' individual car transport laws and ones that allow loaded firearms, this is a great website to reference:


http://www.fta-ccw.com/USRVCarCarry.pdf

 

[deadhawg]

While it must be unloaded and locked up in your car, and you can't carry, you can have it, loaded and ready, in your motel or a residence. Not ideal, but better than nothing. Most common handguns , Glocks, 1911's , almost any revolver, will be ok.