Quick California rundown?

[Arizona_Mike]

I will be spending a week in California almost exactly 20 years after making my escape.
Can I get a quick rundown on my self-defense equipment options for car, hotel room, and person while in California? I have a G21 with a couple 10 round mags and often have a blade on me.

Mike

 

[armsmaster270]

Your ok in your room but nowhere else without CA permit. Sorry.

 

[danez71]

As mentioned above, gun in hotel is fine with the 10 round mags.

While driving in CA, pistol must be in a locked container and UN-loaded.

The following is a cut and paste from:
http://www.chp.ca.gov/html/answers.html

Q) I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state?

A)California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

Personally, I would NOT have the mag loaded either.


Your knife....

Librarian provided some great info here:

http://www.thehighroad.org/showthread.php?t=719084

Which links to this:

http://www.calguns.net/calgunforum/showpost.php?p=2289918&postcount=6


Personally, I wouldn't worry too much about this. When I'm there, I carry a small locking folder in my pocket that has about a 2.75" blade everywhere. I don't think they care much unless you're doing something a lot worse than speeding and they just want to tack on another charge. Having said that, I would never carry a fixed blade either.

I have an In-Law that works for one of the major law enforcement dept. He told me the way most cops look at that, regardless of length, fixed blades and switch blades most cops don't like (think stabbing) and folding pocket knives are just a folding pocket knife and no biggie unless you're robbing someone.

 

[Mauser lover]

You cannot carry the Glock (except the room). Your knife is probably fine. Ten round mags only. When transporting, the firearm must be in a locked container (not a trigger lock) with the ammunition outside the locked container.

 

[Frank Ettin]

You can get a good overview of current California gun laws on the Calguns Wiki.

The California DOJ website also has useful information.

Also check Handgunlaw.us.

Also note that carrying a fixed blade knife concealed is a felony in California. Under state law a folder (if not a switchblade) is okay if closed. City or counties can be more restrictive.

 

[NavyLCDR]

with the ammunition outside the locked container.

Well, isn't that interesting considering the California Highway Patrol referenced and quoted in post #3 says ammunition in the same container as the unloaded gun is just fine. Can you please post a citation to a law that says the ammunition must be outside the locked container? One can expect much less trouble if everything is just in one locked box, locked with a combination lock, and never mention a gun unless a police officer specifically asks about it (or otherwise required by law to inform.) Never give up the combination to the lock, unless required to by law (and in California it is, if the officer desires to inspect that the gun is unloaded - Penal Code 25850)

 

[danez71]

Well, isn't that interesting considering the California Highway Patrol referenced and quoted in post #3 says ammunition in the same container as the unloaded gun is just fine. Can you please post a citation to a law that says the ammunition must be outside the locked container? One can expect much less trouble if everything is just in one locked box, locked with a combination lock, and never give up the combination to the lock and never mention a gun unless a police officer specifically asks about it.

It doesn't need to be outside of the locked gun container.

Its not a bad idea but not required.


I put my gun(s) and mags in a pistol case and lock the zipper. That, along with my ammo goes into a small backpack / book bag that kids use for school books.

You'll also notice that the CHP quote also says "no loaded magazines in the magazine well".

Loaded mags are also OK (not in the gin though) but in the off chance that the police look things over, most police wont like it and if they don't know the law, may ruin your day.


Ive never had 1st hand knowledge (friends or family) of an officer even asking if there is a gun in the car.... only internet stories.

 

[aarondhgraham]

It's a standrad question in a traffic stop

Ive never had 1st hand knowledge (friends or family) of an officer even asking if there is a gun in the car.... only internet stories.

My former wife was a dispatcher for the Paradise PD, UCR PD, Riverside PD, and now Riverside County Sheriff's Office.

In all four cop-shops,,,
One of the standard questions,,,
Especially if you had out of state plates was:

"Do you have any weapons in your vehicle?"

In California,
You can't be too careful.

Just sayin',,,

Aarond

.

 

[Frank Ettin]

...never give up the combination to the lock and never mention a gun unless a police officer specifically asks about it.

As noted, a police officer might very well ask. And by statute in California, if a police officer knows there's a gun in the car he may inspect it to assure that it's being transported properly.

Whether or not that statute will withstand a determined and well funded Fourth Amendment challenge is still an open question. However, one might prefer to try to avoid the time, expense, inconvenience and risk that such a challenge would involve.

 

[danez71]

My former wife was a dispatcher for the Paradise PD, UCR PD, Riverside PD, and now Riverside County Sheriff's Office.

In all four cop-shops,,,
One of the standard questions,,,
Especially if you had out of state plates was:

"Do you have any weapons in your vehicle?"

In California,
You can't be too careful.

Just sayin',,,

Aarond

.

Obviously, LEOs have a fair amount of discretion and I understand they could ask every time if they wanted to.

But....

The last ticket I got I was coming from AZ into CA. I was driving on a rural 2 lane road that probably 90% of the traffic is crossing the AZ / CA border.

I had/have AZ license plates and was speeding.

He asked if I knew how fast I was going and I told him 75-80 which was quite a bit over the limit.


I was never asked about guns/weapons.

This was with the CA Highway Patrol (CHP) in either San Bernardino County or Riverside County (it switches back and forth in that area.) The CHP isn't known for being lenient.

 

[rromeo]

20 years after making my escape.

Ten round mags only.

If you owned 13 round mags for the G21 20 years ago when you left, then you can legally have them in California. If you had the G21 it's likely still registered, which does have certain legal benefits should you have a bad encounter with the law.

 

[NavyLCDR]

As noted, a police officer might very well ask. And by statute in California, if a police officer knows there's a gun in the car he may inspect it to assure that it's being transported properly.

Whether or not that statute will withstand a determined and well funded Fourth Amendment challenge is still an open question. However, one might prefer to try to avoid the time, expense, inconvenience and risk that such a challenge would involve.

Good point, Frank. Thank you for the correction.

PENAL CODE
SECTION 25850

25850. (a) A person is guilty of carrying a loaded firearm when the
person carries a loaded firearm on the 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.
(b) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on the person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.

 

[NavyLCDR]

Loaded mags are also OK (not in the gin though) but in the off chance that the police look things over, most police wont like it and if they don't know the law, may ruin your day.

Ive never had 1st hand knowledge (friends or family) of an officer even asking if there is a gun in the car.... only internet stories.

I have found it much simpler to just live my life by what the law requires, rather than be concerned about what LEO may think or what their opinions of my lawful actions might be.

I agree with you, I've been stopped at least a dozen times in 30 years of driving. Never has a mention been made of any firearm by either myself or the officer.

 

[Frank Ettin]

Good point, Frank. Thank you for the correction.

PENAL CODE
SECTION 25850....

And thanks for providing the citation. I was on my way out when I posted earlier and responding "on the fly."

 

[firesky101]

If you owned 13 round mags for the G21 20 years ago when you left, then you can legally have them in California. If you had the G21 it's likely still registered, which does have certain legal benefits should you have a bad encounter with the law.

I have never thought about this before, but is that an established precedent? If so its very interesting, but I have sincere doubts.

 

[Alizard]

You cannot carry the Glock (except the room). Your knife is probably fine. Ten round mags only. When transporting, the firearm must be in a locked container (not a trigger lock) with the ammunition outside the locked container.

The trunk of a car is legally recognized as a "locked container" as long as there is no access from within the car. If the gun is in the trunk, you can carry it in any type of container. The magazines may also be carried loaded in the trunk, they can't be in the gun.

If you owned 13 round mags for the G21 20 years ago when you left, then you can legally have them in California.

I am not sure about that. A person coming into Cali to become a resident can bring his non list (unapproved) guns but there are certain forms that have to be filled out for them. I did not know they would allow hi-cap magazines back into the state. Maybe, but I never heard of it. I also have doubts.

 

[NavyLCDR]

If you owned 13 round mags for the G21 20 years ago when you left, then you can legally have them in California. If you had the G21 it's likely still registered, which does have certain legal benefits should you have a bad encounter with the law.

I have never thought about this before, but is that an established precedent? If so its very interesting, but I have sincere doubts.

I did not know they would allow hi-cap magazines back into the state. Maybe, but I never heard of it. I also have doubts.

It happens to be the law:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=32001-33000&file=32400-32450

32420. Section 32310 does not apply to the importation of a
large-capacity magazine by a person who lawfully possessed the
large-capacity magazine in the state prior to January 1, 2000,
lawfully took it out of the state, and is returning to the state with
the same large-capacity magazine.

32310. Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing January 1, 2000, any
person in this state who manufactures or causes to be manufactured,
imports into the state, keeps for sale, or offers or exposes for
sale, or who gives, or lends, any large-capacity magazine is
punishable by imprisonment in a county jail not exceeding one year or
imprisonment pursuant to subdivision (h) of Section 1170.

 

[mgkdrgn]

Cell phone with 911 on speed dial

 

[Alizard]

It happens to be the law:
http://www.leginfo.ca.gov/cgi-bin/di...le=32400-32450

32420. Section 32310 does not apply to the importation of a
large-capacity magazine by a person who lawfully possessed the
large-capacity magazine in the state prior to January 1, 2000,
lawfully took it out of the state, and is returning to the state with
the same large-capacity magazine.

How in the world would they know if somebody (like me) who has lived in cali 50 years actually owned the hi-cap and when?

I could simply drive out of state and bring in some old hi-caps I got from anybody and claim that I owned them all along.

That's the stupidest law I ever read, but it is California.

 

[Frank Ettin]

How in the world would they know if somebody (like me) who has lived in cali 50 years actually owned the hi-cap and when?

I could simply drive out of state and bring in some old hi-caps I got from anybody and claim that I owned them all along....

Well, you might have some problems if the model gun the magazines are for wasn't manufactured before 2000.

I've also read on Calguns about some stings carried out by the California DOJ. Agents would spot someone they could tell was from California (by his license plates, perhaps) buying magazines at a Nevada or Arizona gun show, and meet him with a search warrant when he crossed back into California. Seems like a lot of work, but....

In any event, some crimes are hard to prove, but sometimes they get proven. People who commit crimes can get tripped up in a variety of ways.

 

[Mauser lover]

Can you please post a citation to a law that says the ammunition must be outside the locked container?

Ohhhh... Never thought to check. One of my neighbors (cop) told me to do that.

 

[danez71]

Ohhhh... Never thought to check. One of my neighbors (cop) told me to do that.

Which goes back to my comment of most of the CA police wont like it and if they don't know the laws may ruin your day. But its not the law.


And its also one of the reason I put the pistol in a soft pistol case and lock the zipper. I then put that and my ammo in a small backpack for ease & discretion.

 

[Frank Ettin]

Ohhhh... Never thought to check. One of my neighbors (cop) told me to do that.

Which goes back to my comment of most of the CA police wont like it and if they don't know the laws may ruin your day....

In the materials we've prepared for the Basic Handgun class we teach each month this is how we put it:

Some areas of firearms law are controversial and evolving. There are also some gray areas. In discussing legal issues in this class we will favor strategies and interpretations that we believe will best help you avoid difficulties.

 

[armoredman]

Can you just stop this side of the CZ/AZ border and hang out with us, instead?