Transporting a firearm? (ca)

[PREDTECTOR]

I have been looking into the law regarding transporting a firearm I have had friends tell me I cant put my mags with rounds in them in the same Locked container as my firearm.
example: I put my gun(unloaded) and mags in the trunk. my question is, is that legal??

I want to buy a small safe and put my gun(unloaded) and mags inside it locked in the front seat with me.

12026.1 Doesnt state anything about seperating ammo from the gun in a locked container? it doesnt even state the gun has to be unloaded but i guess thats where 12031 comes in to not allow a loaded gun in a locked container?

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 prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, 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.

[Librarian]

I have been looking into the law regarding transporting a firearm I have had friends tell me I cant put my mags with rounds in them in the same Locked container as my firearm.
example: I put my gun(unloaded) and mags in the trunk. my question is, is that legal??

Yes.

I want to buy a small safe and put my gun(unloaded) and mags inside it locked in the front seat with me.

12026.1 Doesnt state anything about seperating ammo from the gun in a locked container? it doesnt even state the gun has to be unloaded but i guess thats where 12031 comes in to not allow a loaded gun in a locked container?

You can do that, but the law, as you quote, is (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.

A safe would be overkill, but it surely would meet the requirement.

A snippet of 12026.2 has 'unloaded' (b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d), but 12031 is the correct reference.

See also http://www.calguns.net/calgunforum/showthread.php?t=103660, share with your friends.

And welcome to Calguns.

[DDT]

There are a number of cases available just for this purpose. They tether to your seat frame with a cable so you can pull them out for easy access and then stash them under the seat to keep them away from prying eyes at other times. This keeps you from having to get down on the floor of the car if you ever need the weapon.

[tiko]

There are a number of cases available just for this purpose. They tether to your seat frame with a cable so you can pull them out for easy access and then stash them under the seat to keep them away from prying eyes at other times. This keeps you from having to get down on the floor of the car if you ever need the weapon.

Thank you for your info, could you mention a brandname? Please:)

[Decoligny]

Thank you for your info, could you mention a brandname? Please:)

I have a center mass gun safe. It allows me to open carry until I get near a "school zone" and then I just lock it up until I am out of the "school zone".

http://www.center-of-mass.com/

[DDT]

here is the one that I've seen advertised.
http://www.gunbroker.com/Auction/ViewItem.asp?Item=120552656

[Decoligny]

here is the one that I've seen advertised.
http://www.gunbroker.com/Auction/ViewItem.asp?Item=120552656

Yep, that's the "Center of Mass" safe.

A lot of times I see the auctions ending for more money than they sell them for at the manufaturers website.

[Whiskey84]

Thank you to the OP and everyone who responded. I was curious about this exact same question and was still trying to search for the answer.

[Tronite]

I received this response from the DOJ/Bureau of Firearms 3/07 when I asked them for clarification on what would be considered compliant transport of a firearm in a pickup truck. I keep a copy of this email in the glove box.

>>>>>>>>>>>>>>>>>>>>>>>
Mr. xxxxx,

This is in response to your recent correspondence to the Bureau of
Firearms, regarding the correct method of handgun transportation in a
small standard pickup. As long as a handgun is transported inside the
vehicle in a fully enclosed, secure locked container, and in a
completely unloaded condition (with no ammunition inside the same
container) as long as you do not have access to the firearm while
driving, and as long as any ammunition is transported in a separate
container from the firearm (the container holding the ammunition does
not necessarily have to be locked) you will be transporting the firearm
in compliance with the law.

Transporting an unloaded handgun in a fully enclosed, secure locked
container under or behind the passenger seat of the pickup would not
constitute a concealed weapon per se because it is not accessible.

A "utility compartment" refers to a glove compartment, or side door
compartment.

I hope this information is helpful to you. If you have any further
questions or need further assistance, please contact the Bureau of
Firearms at (916) 263-4887, or via e-mail.


Sincerely,

Xxxxxx yyyyyy
Staff Services Analyst
Training, Information, and Compliance Section
Bureau of Firearms
Division of Law Enforcement
California Department of Justice
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

[Decoligny]

I received this response from the DOJ/Bureau of Firearms 3/07 when I asked them for clarification on what would be considered compliant transport of a firearm in a pickup truck. I keep a copy of this email in the glove box.

>>>>>>>>>>>>>>>>>>>>>>>
Mr. xxxxx,

This is in response to your recent correspondence to the Bureau of
Firearms, regarding the correct method of handgun transportation in a
small standard pickup. As long as a handgun is transported inside the
vehicle in a fully enclosed, secure locked container, and in a
completely unloaded condition (with no ammunition inside the same
container) as long as you do not have access to the firearm while
driving, and as long as any ammunition is transported in a separate
container from the firearm (the container holding the ammunition does
not necessarily have to be locked) you will be transporting the firearm
in compliance with the law.
Transporting an unloaded handgun in a fully enclosed, secure locked
container under or behind the passenger seat of the pickup would not
constitute a concealed weapon per se because it is not accessible.

A "utility compartment" refers to a glove compartment, or side door
compartment.

I hope this information is helpful to you. If you have any further
questions or need further assistance, please contact the Bureau of
Firearms at (916) 263-4887, or via e-mail.


Sincerely,

Xxxxxx yyyyyy
Staff Services Analyst
Training, Information, and Compliance Section
Bureau of Firearms
Division of Law Enforcement
California Department of Justice
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

This is PATENTLY FALSE INFORMATION. Also known as FUD. DOJ has a long history of passing misinformation out to people who ask simple questions.

If you carry your firearm unloaded and unconcealed (on the passenger seat with ammo right next to it) you are perfectly legal unless you are within 1,000 feet of school property.

If you lock your gun in a case with the ammo right beside it in the same case, as long as the ammo isn't actually in the gun, it is perfectly legal.

If your firearm is a long gun, (rifle or shotgun) you can carry it under your seat, in a gun rack, behind the seat, or across your lap, as long as it is unloaded, you can even drive in a school zone with it.

Beware of any information that DOJ gives you. Ask for specific references to CA Penal Code when asking for any information, and then read that code fully until you understand it, and then ask questions of other CalGunners to be sure you understand it.

[tombinghamthegreat]

Do NOT go to the DOJ for legal advise.......

[Liberty1]

snip

Welcome to Calguns!!!

A more involved look at the penal code done by our members can be found here (http://wiki.calgunsfoundation.org/index.php/Main_Page) and here (http://californiaopencarry.org)

It's funny that the CHP gets it right on concealment and loaded generally (http://www.chp.ca.gov/html/answers.html#05)but that the DOJ doesn't want to publically state the law correctly

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?

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.

But then they fumble with:

If you have additional questions, contact the California Department of Justice at 916-227-3703.

[CSDGuy]

The "advice" the DOJ gave is really just "advice" how not to be hassled when you're stopped. Individual LEO's may not know that it's legal to have ammo in the same container (as long as weapon is/remains unloaded). They know (and the CHP has it right) the correct answer to that question. The DOJ's "opting" to advise the "safest" method. Remember, there's what's "legal" and what's "safe". "Legal" might only get you a headache. "Safe" won't - and the DOJ won't have to be consulted... (allows their laywers to concentrate on other issues)...

[Liberty1]

The DOJ's "opting" to advise the "safest" method...

That is an easy way to excuse DOJ's negligence. I assure you that they are not concerned with uneducated LEO's hassling LACs (law abiding citizens) or they would deal with that concern as the state's top CLEA.

An easy way would to be to give the correct info on DOJ letterhead and let the good citizens of this state carry a copy to give to the confused poorly trained LEOs. :rolleyes: