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View Full Version : Hopefully final 12026.1 thread re: specific destinations


grammaton76
01-05-2009, 6:52 PM
So, I believe I'm pretty close to understanding how 12026.1 would permit "aimless wandering and going wherever" (other than courts, etc) of individuals with unloaded weapons stored in secure, locked containers, without specific destination requirements. I have yet to see a PC diagrammed out to explain why it's legal, although I've seen plenty of respected folks stating that they are now convinced that it's legal. Hopefully this will coerce them into explaining their reasoning in a rigorously clear-cut fashion. :)

It is my ultimate goal to turn this into a TGW article which will accompany my review of the Blackhawk covert hip case, as an aside re: satisfying California law re: locked cases (or not). Please don't bring the locked case discussion here; this is meant to be strictly re: 12026.1, and we can discuss locked soft cases elsewhere (as has been done ad nauseum).

For convenience, I reproduce 12026.1 below. For anyone who doesn't know, 12025 is the general prohibition against transporting a concealed weapon, and 12026.1 is one of two exemption clauses. 12026.2 is the other, and it basically just talks about exempted destinations.

At any rate, according to my reading, section a restricts who may take advantage of the 12026.1 exemptions. No problems here as long as you're over 18 and a citizen, and not a prohibited person due to mental or criminal history issues.

Section a2 gives some pause for thought: "The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container." I would think that the "carry it locked wherever you want" argument will not fly using section a2.

However, then we come along to section b, which seems to be the crux of the pro-carry-locked-wherever argument: "The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter."

So, although 12025 basically says that "concealed carry is unlawful", 12026.1 goes on to provide an exemption to 12025 where "the following applies to the firearm".

As I am reading it (and hopefully someone with some background reading PC will enlighten me), sections A, B, and C build off and are inter-related to each other. However, 1 and 2 under A are sub-ordinate to section A, and only modify A. Yes?

Based on my reading, section A pretty much has you covered if you're transporting in a locked container into or out of a motor vehicle. It'd be interesting to see what this does for folks in motorized wheelchairs, but that's another story. :)

12026.1.
(a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter.
(c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

Big-time questions:

1. What does "in accordance with this chapter" mean? Is the chapter 12020-12040, or is it 12026?

2. When reading this, I don't see anything saying "all these conditions must apply", nor do I see "if any of these conditions apply". Which should it be? If it's "any", then it fails to parse for me because c appears to only be a definition.

3. Are the 1 and 2 subordinate to a? I assume them to be, and that they couldn't modify b or c if they wanted to.

4. "In accordance with this chapter", b seems to either do nothing ("by the way, if the law hasn't said you can't do it it's ok, and 12025 still says you can't conceal a gun without fitting into an exempted class except as exempted by the previous bit or 12026.2") or everything ("if you're not going to break the law with it, you can do anything you want"). What's the deal here?

5. I think the crux of the "you can carry it locked basically anywhere" argument is that you can read a and then b, and you are not obligated to fulfill either a1 or a2? Seems to me that walking around town would not satisfy a2, however it would satisfy b.

If I've got this completely off, then I'd really like to see it explained how the locked briefcase carry wherever-you-want-minus-courthouses/etc is exempt from specific destination requirements.

yellowfin
01-05-2009, 7:00 PM
The law itself is aimless and random.

MudCamper
01-05-2009, 7:58 PM
The way I've always read it is that 12026.1 is totally separate from 12026.2.

12026.1 simply allows you to be exempt from 12025 when in your motor vehicle, and when going to/from your motor vehicle. From where is unclear, other than "anywhere for lawful purposes".

12026.2 on the other hand exempts you from 12025 when transporting to/from the listed places only, but in some other manner than your motor vehicle, like walking or taking the bus.

Based on this I read it a little more conservatively than you, that although you can drive anywhere with your concealed handgun, you can't walk around just anywhere with it. Not saying I'm correct. It's just how I read it. It can be read even more conservatively, by combining .1 and .2, and claiming that you can't even drive around with it unless going to one of the .2 places. I don't agree with that but some take it that far.

It's poorly written and not clear, as is usual with all these idiotic gun control laws.

Librarian
01-05-2009, 10:14 PM
So, I believe I'm pretty close to understanding how 12026.1 would permit "aimless wandering and going wherever" (other than courts, etc) of individuals with unloaded weapons stored in secure, locked containers, without specific destination requirements. I have yet to see a PC diagrammed out to explain why it's legal, although I've seen plenty of respected folks stating that they are now convinced that it's legal. Hopefully this will coerce them into explaining their reasoning in a rigorously clear-cut fashion. :)

[ snip ]

At any rate, according to my reading, section a restricts who may take advantage of the 12026.1 exemptions. No problems here as long as you're over 18 and a citizen, and not a prohibited person due to mental or criminal history issues.

Section a2 gives some pause for thought: "The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container." I would think that the "carry it locked wherever you want" argument will not fly using section a2.

However, then we come along to section b, which seems to be the crux of the pro-carry-locked-wherever argument: "The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter."

So, although 12025 basically says that "concealed carry is unlawful", 12026.1 goes on to provide an exemption to 12025 where "the following applies to the firearm".

As I am reading it (and hopefully someone with some background reading PC will enlighten me), sections A, B, and C build off and are inter-related to each other. However, 1 and 2 under A are sub-ordinate to section A, and only modify A. Yes?

Based on my reading, section A pretty much has you covered if you're transporting in a locked container into or out of a motor vehicle. It'd be interesting to see what this does for folks in motorized wheelchairs, but that's another story. :)



Big-time questions:

1. What does "in accordance with this chapter" mean? Is the chapter 12020-12040, or is it 12026?

2. When reading this, I don't see anything saying "all these conditions must apply", nor do I see "if any of these conditions apply". Which should it be? If it's "any", then it fails to parse for me because c appears to only be a definition.

3. Are the 1 and 2 subordinate to a? I assume them to be, and that they couldn't modify b or c if they wanted to.

4. "In accordance with this chapter", b seems to either do nothing ("by the way, if the law hasn't said you can't do it it's ok, and 12025 still says you can't conceal a gun without fitting into an exempted class except as exempted by the previous bit or 12026.2") or everything ("if you're not going to break the law with it, you can do anything you want"). What's the deal here?

5. I think the crux of the "you can carry it locked basically anywhere" argument is that you can read a and then b, and you are not obligated to fulfill either a1 or a2? Seems to me that walking around town would not satisfy a2, however it would satisfy b.

If I've got this completely off, then I'd really like to see it explained how the locked briefcase carry wherever-you-want-minus-courthouses/etc is exempt from specific destination requirements.

Small pieces of answers:

"this chapter" means TITLE 2. CONTROL OF DEADLY WEAPONS
CHAPTER 1. FIREARMS
Article 1. General Provisions .............................. 12000-12003
Article 1.5. Prohibited Armed Persons File ................. 12010-12012
Article 2. Unlawful Carrying and Possession of Weapons ..... 12020-12040
Article 3. Licenses to Carry Pistols and Revolvers ......... 12050-12054
Article 4. Licenses to Sell Firearms ....................... 12070-12086
Article 4.5. Firearms Safety Devices ..................... 12087-12088.9
Article 5. Obliteration of Identification Marks ............ 12090-12094
Article 6. Permits ......................................... 12095-12099
Article 7. Juveniles ............................................ 12101

The 12026.1 (a)(2) 'any lawful purpose' language appears to mean what it says; it's impossible to list all possible legal purposes, though PC lists a number of things prohibited, thus (b).

12026.1(a)(1) and (a)(2) are sub-parts of (a); those are two conditions of "transporting or carrying" and not violating 12025. EITHER must be satisfied, in association with transport by motor vehicle; one would expect them to be satisfied serially, as transport from some legal place, by foot, to the vehicle, then in the vehicle, then by foot from the vehicle to a new legal place. (And it looks like bicycle transport is not covered here- no motor!)

I used to think 12026.2 limited 12026.1; I no longer think so. That then leaves one wondering, what is the point of the section? In 1993, the list of exemptions stopped with (12) - which had the same content as current (11) -- old (11) referred to now-repealed (2005) 12084, sale or transfer through a Sheriff's dept.

Here's the legislative history, per Lexis
Note

Stats 1988 ch 577 provides:

SECTION 1. Section 12026.2 of the Penal Code shall be known, and may be cited, as the Keene-Hauser Safe Transport Law.

HISTORY:

Added Stats 1987 ch 700 1. Amended Stats 1988 ch 577 3; Stats 1991 ch 5 2 (AB 36), effective December 13, 1990, operative January 1, 1991, ch 951 2 (AB 664); Stats 1993 ch 606 5 (AB 166 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_166&sess=9394&house=B&author=assembly_members_hauser,_areias,_and_peace) ), effective September 29, 1993; Stats 1994 ch 23 9 (AB 482 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_482&sess=9394&house=B&author=assembly_member_peace)), ch 451 5 (AB 2470 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2470&sess=9394&house=B&author=assembly_member_rainey_(principal_coauthor: _senator_kopp))), ch 716 3 (SB 1308 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1308&sess=9394&house=B&author=senator_peace)); Stats 1995 ch 322 3 (AB 92 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_92&sess=9596&house=B&author=assembly_member_hauser)); Stats 1997 ch 158 3 (AB 78 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_78&sess=9798&house=B&author=granlund)), ch 462 4 (AB 991 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_991&sess=9798&house=B&author=shelley)); Stats 1998 ch 911 5 (AB 2011 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2011&sess=9798&house=B&author=hertzberg)), effective September 28, 1998, operative November 30, 1998; Stats 2004 ch 247 8 (AB 1232 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1232&sess=0304&house=B&author=lowenthal)), effective August 23, 2004; Stats 2005 ch 715 6 (AB 1060 (http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1060&sess=0506&house=B&author=liu)), effective January 1, 2006.(online bills start 1993-1994 - the bills linked are not primarily about 12026.2, so the analyses at the linked pages mostly are silent on the amendments to that section. I wish I could get at the analysis for the original 1987 bill.)

ETA: managed to get the link to AB 166. The legislative counsel said (2) Under existing law, the prohibition on carrying a
concealed firearm, as specified, does not apply to the
transportation of a firearm by a person when going directly to,
or coming directly from, a gun show, swap meet, or similar event
to which the public is invited, for the purposes of displaying
that firearm in a lawful manner.
This bill, in addition, would provide that the exemption
applies to the transportation of a firearm by a person when
going directly to, or coming directly from, a gun show or event,
as defined, or for the purpose of lawfully transferring that
firearm, as specified.
The bill also would provide that the exemption applies to the
transportation of a firearm by a person complying with
specified provisions concerning transfers of firearms by
operation of law or by a person who is moving out of the state
with the firearm.
I think this may indicate that the legislature thought they were creating an exception to a general prohibition, which weakens the idea of 'carry anywhere'.

So, as far as I can now understand 12026.2, it looks more like reassurance to gun owners, and clarification for LEO, that at least the listed set of activities and destinations are not violations of 12025, so long as the unloaded/locked case requirement is met. Additionally, .2 talks about 'transportation' without reference to a means, while .1 is "within a motor vehicle" or "directly to or from any motor vehicle". But .2(c) echoes .1(b) in the "otherwise lawful carrying or transportation" language.

I do not think that arrangement will keep one from being arrested on 12025. I do think a good lawyer might get someone off on a 12025 charge based on using the locked hip case and 12026.2(c), but it may also be the case that a court might decide the Legislature meant people to get CCW and that mode of carry isn't a suitable substitute.

CA_Libertarian
01-06-2009, 11:50 AM
Librarian, you never cease to amaze me. You make understanding the penal code look WAY less impossible than it really is.