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View Full Version : Transporting a CA compliant AR in a truck.


NuGunner
09-01-2008, 11:57 AM
Ok so lets say someone drives a truck with a cab. How should they transport their rifle and handgun? In the bed? In the Cab? Obviously unloaded.

technique
09-01-2008, 12:12 PM
Its a long gun, no need for concern, I throw mine in cab behind me if I need to make a stop on the way to the range. Or if I have guests, I throw it in the bed.

aplinker
09-01-2008, 12:17 PM
Technique is right, from a legal perspective.

To avoid "snooping" put it in the bed with a lock & cover it. LEOs can inspect firearms to ensure they aren't loaded - so don't let them know you have them or be able to see that you do.

AJAX22
09-01-2008, 12:19 PM
if you're not worried about snooping you can just pull the magazine out of it (featurless build)

There is no law against having an unloaded rifle sitting on your lap while you drive, even if you have a loaded magazine in your hand.... might get a few questions though... I always put guns behind the seat when driving trucks.

NuGunner
09-01-2008, 12:37 PM
Ok cool. I got some LEO advice, and basically it was determined that the cab is considered your trunk.

palakaboy
09-01-2008, 12:38 PM
if you're not worried about snooping you can just pull the magazine out of it (featurless build)

There is no law against having an unloaded rifle sitting on your lap while you drive, even if you have a loaded magazine in your hand.... might get a few questions though... I always put guns behind the seat when driving trucks.

NEWS TO ME!!!

really???

GMONEY
09-01-2008, 12:39 PM
Sometimes you have enough room behind the seats... That's where mine goes as it hides perfectly!

aplinker
09-01-2008, 1:21 PM
Ok cool. I got some LEO advice, and basically it was determined that the cab is considered your trunk.

Respectfully, you got BAD advice. The cab is NOT a trunk.

AJAX is right... unless you're a gang member you can carry your rifle with a loaded mag right next to it.

Quiet
09-01-2008, 1:45 PM
Remember...
If you have to drive within a 1000' of a school zone, place the unloaded firearm in a soft case and lock it with a cheapo luggage lock.

Young Version
09-01-2008, 1:49 PM
Remember...
If you have to drive within a 1000' of a school zone, place the unloaded firearm in a soft case and lock it with a cheapo luggage lock.

A soft case will work?

I've been looking for a case to transport my AR, since I live within a thousand feet of CSU, Chico.

AJAX22
09-01-2008, 1:50 PM
Remember...
If you have to drive within a 1000' of a school zone, place the unloaded firearm in a soft case and lock it with a cheapo luggage lock.

You have to KNOW you're less than 1000 feet from a school zone for it to be a problem.

If you accidentally wind up in one or pass too close during your commute and you don't know that A) you're in a school zone. or B) that there is a law which prohibits you from transporting it in an unlocked container while less than 1000 feet from a school then you're not breaking the law. (IIRC)

and yes, you can have a rifle in your lap, and a loaded mag on the dash, and unless you are a gang member no crime has been committed.

You WILL be hassled however, so do so at your own risk.

technique
09-01-2008, 1:55 PM
A soft case will work?

I've been looking for a case to transport my AR, since I live within a thousand feet of CSU, Chico.

I live a thousand feet or less from school some times myself. You can use a soft case with two zippers that can have a lock put through them if you own a Truck. Otherwise when I drive my car, I consider my trunk a locked compartment.


You have to KNOW you're less than 1000 feet from a school zone for it to be a problem.

If you accidentally wind up in one or pass too close during your commute and you don't know that A) you're in a school zone. or B) that there is a law which prohibits you from transporting it in an unlocked container while less than 1000 feet from a school then you're not breaking the law. (IIRC)

and yes, you can have a rifle in your lap, and a loaded mag on the dash, and unless you are a gang member no crime has been committed.

You WILL be hassled however, so do so at your own risk.

+1 good advise!

BP88
09-01-2008, 1:57 PM
Carry it in a guitar bag. They have no reason to look at an "instrument".

chrisdesoup
09-01-2008, 2:03 PM
I just throw my long gun case in the bed and my OLL in the back seat with a jacket over it (double cab).

I use one of my gun locks to secure it to the bed d-ring, never know if some jagovv if going to make a grab for it at a stop sign...happened to my buddys tools when he was in oakland.

sorensen440
09-01-2008, 2:21 PM
same way as a car
anywhere and unloaded

NuGunner
09-01-2008, 6:58 PM
Respectfully, you got BAD advice. The cab is NOT a trunk.

AJAX is right... unless you're a gang member you can carry your rifle with a loaded mag right next to it.

No disrespect taken, but I dunno what to think now, I got this advice from an LEO w/7 yrs on, but it's not like they're never wrong. I"m not worried really just wanna CYA or CMA in this case. Does this fall under 12020PC or is under some other section?

tombinghamthegreat
09-01-2008, 9:34 PM
A soft case will work?

I've been looking for a case to transport my AR, since I live within a thousand feet of CSU, Chico.

Yes any type of case with a lock(even a backpack with a lock) it will since locked container is not defined as far as long guns go. Also the 1000 feet school zone only applies to the K-12 school systems not the colleges.

devildog999
09-01-2008, 9:42 PM
So you can legally transfer your AR with Magazine detached? I have heard several opinions about this.

technique
09-01-2008, 9:46 PM
So you can legally transfer your AR with Magazine detached? I have heard several opinions about this.

When using a MMG or U-15. It is safe to do with a BB also, Just easier to explain "FIXED" mag with one stuck in there:)

devildog999
09-01-2008, 10:03 PM
When using a MMG or U-15. It is safe to do with a BB also, Just easier to explain "FIXED" mag with one stuck in there:)

That's what I thought ;)

aplinker
09-02-2008, 12:11 PM
No disrespect taken, but I dunno what to think now, I got this advice from an LEO w/7 yrs on, but it's not like they're never wrong. I"m not worried really just wanna CYA or CMA in this case. Does this fall under 12020PC or is under some other section?

You'll find VERY quickly that LEOs are extremely ill-informed about actual laws. The person you spoke to is taking a very liberal view that has no real backing in what's written in the law. I'm glad that's how he sees it, but you'd have no defense against an LEO who arrested you for carrying an unlocked, concealed pistol in the cab of your truck.


Yes any type of case with a lock(even a backpack with a lock) it will since locked container is not defined as far as long guns go. Also the 1000 feet school zone only applies to the K-12 school systems not the colleges.

Soft cases are perfectly fine for handguns, as well.

getafterit
09-02-2008, 8:32 PM
A soft case will work?

I've been looking for a case to transport my AR, since I live within a thousand feet of CSU, Chico.

spring for a Pelican case. Spendy but worth EVERY penny!

Young Version
09-02-2008, 9:34 PM
Yes any type of case with a lock(even a backpack with a lock) it will since locked container is not defined as far as long guns go. Also the 1000 feet school zone only applies to the K-12 school systems not the colleges.

I've read that the law covers colleges as well, but I've come across quite a bit of bad information. After some further reading, it looks like you are correct.

However, the point is moot, because I drive past Chico High on the way out of town.

spring for a Pelican case. Spendy but worth EVERY penny!

It's definitely in the cards after I recoup from the $1800 blow for the rifle itself.

tombinghamthegreat
09-03-2008, 12:35 AM
I've read that the law covers colleges as well, but I've come across quite a bit of bad information. After some further reading, it looks like you are correct.
Just remember even though the 1000 feet does not apply to colleges you still can't go on college property with a firearm without written approval.

However, the point is moot, because I drive past Chico High on the way out of town.

626.9 (California Gun Free School Zone Act) is a real pain for gun owners....

till44
09-03-2008, 4:57 AM
if you're not worried about snooping you can just pull the magazine out of it (featurless build)

There is no law against having an unloaded rifle sitting on your lap while you drive, even if you have a loaded magazine in your hand.... might get a few questions though... I always put guns behind the seat when driving trucks.

You might want to check this out more. A magazine is considered part of the gun (per CA penal code 12031 (g) PC), if the magazine is loaded, and in proximity to the weapon (in hand, pocket, or in reach), the gun is loaded. Be careful, the officer may think your doing a tactical reload and just shoot. And it would be justified...

AJAX22
09-03-2008, 5:04 AM
You might want to check this out more. A magazine is considered part of the gun (per CA penal code), if the magazine is loaded, and in proximity to the weapon (in hand, pocket, or in reach), the gun is loaded. Be careful, the officer may think your doing a tac reload and just shoot. And it would be justified...

Checked and double checked

loaded magazine is NOT a loaded gun, there is caselaw to back this up (people v clark?)

You can have a loaded mag in your hand, pocket, lap etc with an unloaded rifle sitting next to you, or in your lap, or in your hand, and the rifle is NOT loaded.

I'm not saying some LEO won't be jumpy seeing it, I'm not saying you won't get hassled.

but it IS 100% legal if you are not a documented gang member.

till44
09-03-2008, 6:12 AM
Checked and double checked

loaded magazine is NOT a loaded gun, there is caselaw to back this up (people v clark?)

You can have a loaded mag in your hand, pocket, lap etc with an unloaded rifle sitting next to you, or in your lap, or in your hand, and the rifle is NOT loaded.

I'm not saying some LEO won't be jumpy seeing it, I'm not saying you won't get hassled.

but it IS 100% legal if you are not a documented gang member.

How does it check out? Where and reference please.

EOD Guy
09-03-2008, 6:37 AM
Just remember even though the 1000 feet does not apply to colleges you still can't go on college property with a firearm without written approval.



626.9 (California Gun Free School Zone Act) is a real pain for gun owners....

It's not the California law that's a pain, it's the Federal law. The California law doesn't require that rifles or shotguns be in locked containers. It's the Federal law that does.

aplinker
09-03-2008, 2:45 PM
Checked and double checked

loaded magazine is NOT a loaded gun, there is caselaw to back this up (people v clark?)

You can have a loaded mag in your hand, pocket, lap etc with an unloaded rifle sitting next to you, or in your lap, or in your hand, and the rifle is NOT loaded.

I'm not saying some LEO won't be jumpy seeing it, I'm not saying you won't get hassled.

but it IS 100% legal if you are not a documented gang member.

AJAX is right. The court case is People v Clark, which essentially said the only true definitions of loaded are the "normal" definitions: round in the chamber, round in the tube, stripper clip mounted on the gun, or loaded magazine that's in the gun. Anything else is not loaded.

This flyer is helpful.
http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

here's people v clark
http://www.hoffmang.com/firearms/People-v-Clark-(1996).pdf

It's not the California law that's a pain, it's the Federal law. The California law doesn't require that rifles or shotguns be in locked containers. It's the Federal law that does.

Exactly right.

stuntdummy
09-22-2008, 6:37 PM
I have a question related to this thread topic. I have a registered "assault weapon", and from what I have read it must be kept in a locked case when in the car. If that is true, is a soft case with the zippers luggage-locked considered legal?

slick_711
09-22-2008, 6:43 PM
From what I have read in the internet tubes, when transporting a registered assault weapon in a car, it must be kept in a locked case. Is a soft case with the zippers luggage-locked considered legal?

Correct and Yes.

stuntdummy
09-22-2008, 6:52 PM
Cool, thanks!