Transporting a Rifle in a locked box in the trunk

[Vintov]

I'm planning on going through several states (CO, UT, NV, CA), and spending a night in each (so FOPA wouldn't apply most of the time). Given the long open stretches of land that I will be traversing, I would like to take my long rifle with me (for no reason but to have, although, if there are nice places to shoot, I might stop). It has a five round internal magazine, isn't .50 BMG. I'm going to put it in a locked box, and the ammo in another locked box, all of which is stored in the trunk. I would like to bring FMJ ammo, but could bring winchester hunting rounds.

Is there a place in these states that I could get in trouble for transporting a long rifle in a locked case, unloaded, and with the ammo in a separate case (also locked)?

I'm under the impression this is pretty much legal everywhere (maybe not Chicago, or IL in general), but wondered if there was somewhere where possession of a firearm in any capacity (i.e. unloaded, in locked case) without a permit is illegal?

I could also remove the bolt (i.e. disassemble the gun) if that would be even more useful.

 

[Jeff F]

Only place that might be a problem is California and then it would be assault type rifles with certain features.

 

[Owen Sparks]

It takes a serious infraction before the cops search your trunk such as having an outstanding warrant or having drugs in the car. Routine traffic infractions usually do not result in thorough searches. Then again, a firearm in your trunk might as well be on Mars because you can't get to it in a hurry and anytime you need a gun you need it in a hurry.

 

[heeler]

Honestly,there are people in California that do hunt so they must take their evil scope mounted Remington 700 out of the house and place it in the chosen vehicle that takes them to the dark woods so they might commit their evil deeds in front of God and the trees...
Imho this poster is going above and beyond the call of duty of lawfullness,if there is such a real word.
If he is violating any laws I would surely like the lawyers guild among you to show this as so.

 

[broken_line]

stay outa area 51 and i think your good in the 50 states... no different than a ups man having it in a cardboard box from texas to minneosta..

 

[dmazur]

...i think your good in the 50 states...

Well, I'm not sure, but I've read about travelers getting in severe trouble in New Jersey and New York City.

I think one incident was just a guy with a delayed flight, who took a cased rifle into a hotel room in NJ.

This is the same state that arrested a father for buying and transporting a BB gun (Xmas present) in the trunk of his car, without the proper paperwork. I think NJ requires 4 or 5 different permits to buy and own guns, including air rifles. He didn't have his papers in order...

I realize the OP isn't planning to visit these spots, but there are areas in this country which are so anti-gun it is hard to believe they are part of the United States.

 

[Quiet]

In CA...
110% CA legal method of transporting a rifle/shotgun would be unloaded and in a locked container.
So, it being unloaded and in the trunk of your vehicle is 110% CA legal.

Why it's a 110%, because it's going beyond what is legally required to transport a rifle/shotgun, that is not classified as a prohibited weapon.

The minimum requirement to legally transport a rifle/shotgun in CA, is it needs to be unloaded.
There is no state requirement for it to in a locked container. However, Federal GFSZ laws apply when you travel near a school, so having it in a locked container would be in compliance with Federal laws.

Yes, there are some parts of CA where people still have gun racks in their pick-up trucks and they use those racks to legally transport their unloaded rifles/shotguns.

 

[BSA1]

!. Obey traffic laws to the best of your knowledge.

2. Be courteous to LEO if you are stopped.

3. Do NOT consent to a search of your vehicle regardless of what the officer(s) tell you.

4. Keep your gun case locked with key in your possession at all times.

5. State Troopers are jerks whose main goal is to write tickets. Take your ticket with a smile. Most other LEOs in the midwest are pretty nice people.

 

[Deltaboy1984]

I take Issue with your State Tropper comment. I have friends in the State Police in TX and they are some of the nicest folks you could be stopped by. In TX it is the small town cop that we have problem with.

 

[Steel Horse Rider]

Denver. They still don't believe the Constitution applies to them, otherwise all of Colorado is free for your arms transportation pleasure.

 

[zorro45]

We just had a survey in my state to see if there was any profiling by the state police. The figures showed that women got a ticket only about 22% of the time, men a little higher. Both still under 30%. That kind of kills the "jerks" argument. I think if you are reasonably nice you will get away with a warning more often than not.

 

[Owen Sparks]

Remember, if a cop has to ask to have a look in the trunk it means that he does not have probable cause.

If he says something like:
You don't have anything illegal in there do you, mind if I take a look?
It means that he does not have probable cause.

 

[talldragon]

Just keep in mind: Here in CA, environmental laws trump all. That being said, the most important rules are DFG (Fish & Game). "encased and unloaded" seems to be standard, but there are some depatures from this, depending on your specific location while here in CA.
From the Current DFG handbook (2011-2012):

"It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public.
A rifle or shotgun shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.*
The provisions of this section shall not apply to peace officers or members of the armed forces of this state or the United States, while on duty or going to or returning from duty. (FGC 2006)
*NOTE:
Except as provided in subdivision [PC 12031](b), (c) or (d), every person who 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 is guilty of a misdemeanor (PC 12031(a)).
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 which 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 (PC 12031(g))."

I'll post more if I can find it to be more relevant from the DOJ (Calif.).

Drive safely .

 

[talldragon]

From Calif. AG Firearms FAQ:
".....Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not carry or
transport a loaded firearm. The firearm should be unloaded and placed in the trunk of the vehicle,
or if the vehicle has no trunk, placed in a fully enclosed secure locked container other than the utility
or glove compartment of a motor vehicle (Penal Code §§ 12026.1, 12027.)"

Also From http://oag.ca.gov/firearms/travel:

Traveling with Firearms in California
HANDGUNSCalifornia Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, 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.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

SHOTGUNS AND RIFLESNonconcealable 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. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.

REGISTERED ASSAULT WEAPONSCalifornia Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1."



Hope this helps . Enjoy your trip & let us know if you are going to stop somewhere to shoot. Some of us know of a few good spots .

 

[NavyLCDR]

5. State Troopers are jerks whose main goal is to write tickets. Take your ticket with a smile. Most other LEOs in the midwest are pretty nice people.

I am sure glad our State Troopers in Washington must be a completely different breed. They are the most professional LEO organization in the state and I admire them greatly.

 

[Beak50]

Delta Boy has a point there.My son had a seizure while driving,his friend stopped the car,the cops came "local"and beat the crap out of my son saying he was on P.C.P..Needless to say my Atty took care of the situation.The State Police also showed up later but didn't act like a bunch of attack dog's,and got him in the ambulance and the hospital where he came to.Quite an experience.

 

[BSA1]

I take Issue with your State Tropper comment. I have friends in the State Police in TX and they are some of the nicest folks you could be stopped by. In TX it is the small town cop that we have problem with.

Of course. Texas is a whole another country!!! God bless Texas.