Trasnporting Long Arms in California

[Guy B. Meredith]

I am aware of the separate/locked container regulations for transporting concealable firearms in California, but do not know the regulations regarding long arms.

Specifically, what are the California laws on transporting HD shotguns and M1 Garand rifles?

 

[Inoxmark]

Transport them any way you want, as long as they are unloaded. There's no requirement to put them in a case or in the trunk. It would probably be a good idea to be mindful of accidentally scaring anybody though.

 

[Sactown]

I wouldn't leave them in plain sight either. Last thing you want is to have it stolen. I put mine in my trunk.

 

[El Rojo]

Make sure the ammunition is not attached to the rifle or shotgun in anyway. So ammo on a sling bandoleer on your shotgun could be construed as loaded. My SU-16 with a magazine in the stock would be considered loaded. A shotgun with rounds in the magazine is loaded. Loaded does not only mean one in the chamber. Be safe.

 

[Jim Diver]

Go to a Cal gun shop and buy "How to Own a Gun and Stay Out of Jail" California edition.

It will answer all your questions.

 

[Keitha]

So ammo on a sling bandoleer on your shotgun could be construed as loaded.

Actually ammo in a sling bandoleer is not considered loaded. Loaded is in the chamber, or magazine. I am not 100% sure about ammo being on stripper clips, but I think it is OK. In the "How to Own a Gun and Stay Out of Jail" book it even shows an example of a shotgun with ammo in a holder attached to the stock as being legal.

disclamer: I am not an expert on this by any means. Do not take my words worth a grain of salt, Check for yourself. The book that Jim mentioned is an invaluble tool and is a must read. Check with all local and state regulations.

Keith

 

[torpid]

Go to a Cal gun shop and buy "How to Own a Gun and Stay Out of Jail" California edition.

It will answer all your questions.

Yes, but he'll have to buy the revised version next month, and the month after that, and...


.

 

[Guy B. Meredith]

Re: Yes, but he'll have to buy the revised version next month, and the month after that, and...

Amen to that. That is one of the reasons I sold off the Ruger MKII that paid for the long gun--yet another iteration of the safety testing regulations and the associated costs.

 

[El Rojo]

Actually ammo in a sling bandoleer is not considered loaded. Loaded is in the chamber, or magazine. I am not 100% sure about ammo being on stripper clips, but I think it is OK. In the "How to Own a Gun and Stay Out of Jail" book it even shows an example of a shotgun with ammo in a holder attached to the stock as being legal.

I just found the PRK Penal Code section that deals with this. PC 12031.

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.

So according to this, if it is attached to the firearm in any manner, it is loaded. A bandoleer sling with ammunition in it could be interpreted as loaded. So,

disclamer: I am not an expert on this by any means. Do not take my words worth a grain of salt, Check for yourself. The book that Jim mentioned is an invaluble tool and is a must read. Check with all local and state regulations.

Then why even bother posting about it if you aren't going to check on it yourself? That doesn't make any sense to me. You just said that it is legal, but that you really don't know what you are talking about so check on it yourself. If you aren't sure, get sure or don't post about it. I would hate to see your bad information give someone cause to do something illegal and them get nailed for it. Thank you for the disclaimer at least.

 

[Keitha]

El Rojo wrote...

Then why even bother posting about it if you aren't going to check on it yourself? That doesn't make any sense to me. You just said that it is legal, but that you really don't know what you are talking about so check on it yourself. If you aren't sure, get sure or don't post about it. I would hate to see your bad information give someone cause to do something illegal and them get nailed for it. Thank you for the disclaimer at least.

Easy there El Rolo! What does not make sense to you? Why do people feel the need to jump all over what someone else writes? FYI I do own the book referenced and have checked on what I wrote.
Tell me how you figger that ammo in a bandoleer is "attached" to a gun? How would you "interpret" that as loaded? Are you 100% sure about what you wrote there? As you said, "If you aren't sure, get sure or don't post about it" You wrote this, again, are you 100% sure about what you wrote? My guesse is probably NO!
I wrote the disclaimer because on legal issues I think that each person should be 100% possitive of their actions. I do not want some a$$ clown reading what I wrote and siting that after he got busted for some action. I share my interpretation of the issue but mention that a person should do their own research to be 100% responsible for their own actions.

Keith

 

[thorn726]

racism is why

attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm

for the most part, magazine must be empty for sure- the bandolier- that's one the cops would let whitey white over 40 go with, and take 25 black kid to jail for.

always leave some stuff loose for interpretation, helpful in oppresing the masses!

separate/locked container regulations for transporting concealable firearms in California,

seperate containers for wepaons and ammo, not glove compartment, apply to all weapons. trunk is ok, but then a seperate locked box for ammo to be fully legal. this is another thing that from what i hear- if the ammo is in a seperate unlocked box, youll probably be ok- as long as the cop likes you.

ideally two locking trunks one for ammo one for guns and you could have it in the back seat, pickup truck, station wagon, hatchback, whatever

 

[Gung-Ho]

Actually ammo in a sling bandoleer is not considered loaded.

That was my understanding also. I don't remember where I read it, (it might have been the Own A Gun And Stay Out Of Jail book.)

 

[magsnubby]

Go the the DOJ web site:

www.caag.state.ca.us/firearms

Scroll down to ADVICE FOR TRAVELERS

Click on Transporting Firearms in California

It clearly state shotguns and rifles do not have to be in a locked container unless they are considered assualt weapons.

 

[El Rojo]

Tell me how you figger that ammo in a bandoleer is "attached" to a gun? How would you "interpret" that as loaded? Are you 100% sure about what you wrote there? As you said, "If you aren't sure, get sure or don't post about it" You wrote this, again, are you 100% sure about what you wrote? My guesse is probably NO!

Am I 100% sure of what I quoted from the PRK Penal Code and my citations to support what I quoted. 100%. They key is that I gave you the exact code that deals with this. This is the exact code that a cop is going to look at and decide whether your gun is loaded or not. This is the exact code that a prosecutor is going to bring up in your case and what your defense attorney is going to have to look at. If you want to read something other than the exact code that deals with this like a book put out by a gun advocacy group or something else, that is your perogative. I just look at the exact penal code that covers this subject.

I repeat what I have already cited word for word.

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

If you think you can convince a law enforcement officer that pulls you over that the bandoleer with ammunition in it is not really attached to your rifle or shotgun, good luck. Your lawyer might be able to, but it sure is going to take a lot of money to find out if they are successful and if they aren't, it is your record. Is it worth the risk?

Seperate containers for wepaons and ammo, not glove compartment, apply to all weapons.

Would you care to cite where you read that at? According to what I just posted and what you quoted from my post, it says concealable weapons. When I looked it up, it only mentioned that concealable weapons needed to be locked up. As long as you don't have any ammunition attached to the rifle or shotgun, you can have it all about your car if you want. Of course you can be better safe than sorry if you chose.

that's one the cops would let whitey white over 40 go with, and take 25 black kid to jail for.

Good point. This thing is totallly at the discretion of the officer. So if you want to take a chance that the officer is going to be nice to you, have the ammo in an attached bandoleer or in a buttcuff. Just don't be surprised if they lock you up for it.

 

[Gung-Ho]

In 1996 the California Court of Appeal clarified this subject. To be "loaded" the court said a gun must have ammo in a position where it is "ready for firing." Ammo in a mag or clip is considered ready for firing. But ammo only in a storage space, such as the stock of the rifle or shothun, is NOT. This is per the book, How to own a gun and stay out of jail. Page 41. There is even a photo on page 43 showing a shell pouch on the side of a shotgun, and they say this would be legal.

 

[El Rojo]

Interesting. Do you have a link to the case or a publication that talks about the case. This would be good news.

 

[Keitha]

Gung-Ho,
Reread that section. I do not have my book in front of me, but I believe the next paragraph metions that the law is unclear about having ammo in a clip if it is not attached to the gun in any way. When I get home tonight I can reference the exact text. Keep in mind that this is only for Long guns.

Keith

 

[Gung-Ho]

The book is "How To Own A Gun And Stay Out Of Jail", California version. What we are talking about is on page 41. And yes, it is not clear on whether or not you can carry a loaded mag or clip in the same container. I was refering to a bandolier or something attached to the stock that held shells. Personally I carry the mag in my pocket, and the the rifle cased. No matter how you look at it, it is not "attached" to the firearm...and "ready for firing." BTW, there are so many exemtions to these laws it makes your head spin. I for one, am always either on my way to or from hunting, or the range.

 

[El Rojo]

I for one, am always either on my way to or from hunting, or the range.