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I know SOMEONE has a link to the CA laws on rifles and shotguns in cars.

Discussion in 'Legal' started by Topgun, Oct 3, 2004.

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  1. Topgun

    Topgun member

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    What ARE the California laws regarding carry of "long" gun in car? What about a short stocked shotgun? I haven't seen many shorties like the old "Snake Charmer" for quite a while.
    Can those be carried IN a car passenger compartment?

    :confused:
     
  2. El Rojo

    El Rojo Member

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    Yes. Unloaded of course. I don't have the regs handy right now because I am at school.
     
  3. Topgun

    Topgun member

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    Ok....unloaded.....CHECK.

    Now.....What is "unloaded?"

    TIA

    :)
     
  4. Topgun

    Topgun member

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    Oh shoot! I better ask ALL the questions as I can see I have left out something.

    Can it be carried IN a car?
    "Yes" is the one answer I have so far.

    Now, is "unloaded"
    a. No cartridge in chamber?
    b. No cartridge in any part of gun?
    c. Not "touching" gun?
    d. Not accessible to driver or passengers?

    And....finally...

    Can it be in a ......case?

    Thanks in advance for all replies.
     
  5. jojosdad

    jojosdad Member

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    IIRC in Cali unloaded means that the gun and ammo are in seperate compartments. If your vehicle is a van or SUV type, then either the gun or the ammo has to be in a locked container.
     
  6. jnojr

    jnojr Member

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    FWIW, I transport my firearms unloaded (no ammunition or magazines), cased, and in the trunk of my car. I'm used to dropping boxes of ammo in my range bag and then pistols in rugs on top. I don't know if that's letter-of-the-law legal, but I can't see it being an issue. If you're charged with a technical "loaded weapon" when in reality the weapon is not loaded, it's going to be because they really want you for something. Personally, I would rather have all ammo, firearms, etc. locked away in the trunk where nobody's going to see unless they search, rather than open the glove box, let a cop see a box of ammo or something and then use that as "probable cause" to detain me, tear my car apart, let me admire a new pair of bracelets in the back of his car while he wonders what to do, etc. Out of sight, out of mind. It also helps that I have a current license, registration, and insurance; and that i drive not too much over the speed limit, don't run red lights, or otherwise drive crazily :)
     
  7. magsnubby

    magsnubby Member

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  8. artherd

    artherd member

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    No cartridge 'permantly attached' to the gun is my understanding.

    With 'permanantly attached' covering things such as shell-holders on shotguns, or even magazines rubber-banded to the gun.

    However loaded mags can be in the same case as your rifle, as long as they are 'floating free' so to speak.

    As far as I know, the 'accessible to persons' junk is just that. I have not found law on that matter at all. you can have the rifle on your front seat for all the law I have found has to say on the matter (nevermind that a 2-seat sports car or pickup has *nowhere* that is not within the realm of 'accessible' to the driver :p
     
  9. jojosdad

    jojosdad Member

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    I found this at the packing.org website.

    Penal Code 12001
    (j) For purposes of Section 12023, a firearm shall be deemed to be "loaded" whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person.

    I believe this means that
    this would be an illegal situation. Can anyone who is better versed in CA law clarify this?
     
  10. artherd

    artherd member

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    Well, that'd be right, IF AND ONLY IF I WAS ALREADY ON MY WAY TO COMMIT A FELONY!

    CA Law is roundabout and very complex. We all need to do our full due-dilligance before we represent the matter as fact.

    Source: http://caag.state.ca.us/firearms/dwcl/dwc.htm
     
  11. jojosdad

    jojosdad Member

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    Artherd - you are correct , sir.

    Further diligence (and some crossed eyeballs) produced this:

    CA 2004 Dangerous Weapons Control Law

    12020 thru 12040 Unlawful Carrying and Possession
    ARTICLE 2. UNLAWFUL CARRYING AND POSSESSION OF WEAPONS

    12031. (a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
    (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.
     
  12. artherd

    artherd member

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    Oh god, tell me! Just to stay out of jail in CA one nearly has to be a firggin legal secretary with a team working with them to decipher the 30k+ laws.
     
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