Transport Clarification

[DirtSailor]

OK,

I've been looking this up with the search function, but the information seems to be scattered at best. I wanted to consolidate what I believe to be the current laws on transporting firearms into plain language and then hopefully the people who know better can comment on it.

Handguns: Locked in a trunk with the ammo up in the passenger compartment or, if your driving an SUV, locked in a container with the ammo outside that container.

Longguns: No need to be locked or even in a container, no restrictions on where the ammo is stored.

Is that anywhere close to correct? I've transported handguns plenty of times, not a whole lot of experiance with longguns.

And lastly, two side questions: 1) if your UOCing and need to drive from point A to point B and you have your pistol on your right hip with loaded mags on your left, do you need to lock up the handgun before driving away in the car? Looks like the case from my understanding of the transport law.
2) If I wanted to take my handgun with me to Arizona, I dont' have to worry about extra paperwork/FFL/registrations/etc as long as I'm only visiting, right? I'm assuming that if I were moving to AZ, there would be a differnt requirements (transporting weapons across state lines???).

Since I don't speak legaleze, hopefully the people who do that for fun & profit ;) can comment on this. Last thing I need is one of my guns confiscated because I wasn't aware of some nuance in the law.

[Vin496]

OK,

I've been looking this up with the search function, but the information seems to be scattered at best. I wanted to consolidate what I believe to be the current laws on transporting firearms into plain language and then hopefully the people who know better can comment on it.

Handguns: Locked in a trunk with the ammo up in the passenger compartment or, if your driving an SUV, locked in a container with the ammo outside that container.

Ammo can be stored with the handgun, just not IN the handgun. Also no need for a locked case unless your within 1000 ft of a school. I always just lock up a case, takes 2 seconds and that way I'm covered.

Longguns: No need to be locked or even in a container, no restrictions on where the ammo is stored.

Pretty much correct, the only exception would be a registered AW, which much be locked up at all times.

Is that anywhere close to correct? I've transported handguns plenty of times, not a whole lot of experiance with longguns.

And lastly, two side questions: 1) if your UOCing and need to drive from point A to point B and you have your pistol on your right hip with loaded mags on your left, do you need to lock up the handgun before driving away in the car? Looks like the case from my understanding of the transport law.
2) If I wanted to take my handgun with me to Arizona, I dont' have to worry about extra paperwork/FFL/registrations/etc as long as I'm only visiting, right? I'm assuming that if I were moving to AZ, there would be a differnt requirements (transporting weapons across state lines???).

The UOC, I'm not current on as it's not something I do. As for going to AZ or another State. No paperwork is needed, visiting or if moving. They are your weapons you can transport them with yourself as you like. If moving to some of the "other" strict States(i.e NY, Mass.) then maybe you need to register your guns as you do if you move from another to State to California. So I would check with State you are moving to. I know for instance that if you moved to Texas, you would just take your guns with you and that would be the end of it, I believe Arizona would be the same.

There isn't any Federal law that requires you to carry documentation when traveling with your own weapons, between States.

Since I don't speak legaleze, hopefully the people who do that for fun & profit ;) can comment on this. Last thing I need is one of my guns confiscated because I wasn't aware of some nuance in the law.

Thats about it.

[JDay]

Handguns do not need to be in the trunk, you just need to have it unloaded and in a locked container. You can have this locked container anywhere in your vehicle you wish. There is an exception to this though, you can have the unloaded handgun in plain sight in your vehicle so long as you're not within 1000' of a school. This is what I would do if UOCing, however keep a locking container close at hand in case you have to drive within 1000' of a school. Glove box and center console do not count as a locking container.

[EOD Guy]

The Federal Gun Free Schools Act does not differentiate between handguns and rifles/shotguns as far as being in a locked container when within a school zone. They require that all firearms be in a locked container unless exempted.

[Decoligny]

The Federal Gun Free Schools Act does not differentiate between handguns and rifles/shotguns as far as being in a locked container when within a school zone. They require that all firearms be in a locked container unless exempted.

The LEOs in California will probably never arrest anyone on a Federal school zone charge. They will try to get you on the State charge if anything.

It would be a good thing for someone to be brought up on Federal charges for just driving by a school on the way to the range. The Federal law has been declared unconstitutional once already, they just rewrote it with a couple extra words that do absolutely nothing to make it any less unconstitutional. It needs to be stricken down again.

[Liberty1]

californiaopencarry.org (http://californiaopencarry.org) has a good synopsis of all you mention with citations in the various brochures even for locked conceal carry.

UOC in an OPENLY WORN belt holster for example is an exemption to the car conceal carry prohibition. Operable word is concealed as having it exposed (in plain view) on a passenger seat or dash is also not concealed.

[JDay]

californiaopencarry.org (http://californiaopencarry.org) has a good synopsis of all you mention with citations in the various brochures even for locked conceal carry.

UOC in an OPENLY WORN belt holster for example is an exemption to the car conceal carry prohibition. Operable word is concealed as having it exposed (in plain view) on a passenger seat or dash is also not concealed.

Where's the locked concealed carry flier? I've been wondering if transported a handgun in a locked case is only legal in a vehicle or if it would be legal to toss the case in a backpack.

[Decoligny]

Where's the locked concealed carry flier? I've been wondering if transported a handgun in a locked case is only legal in a vehicle or if it would be legal to toss the case in a backpack.

Section 12026.1 specifically covers carry in a motor vehicle. Section 12026.2 specifically covers carry via any other method of transportation.

If you are walking, skateboarding, kayaking, rollerskating, hangliding, or any other method or transpotation other than motor vehicle, you need to be going straight to or returning straight from one of the places/activities specifically listed in 12026.2.

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.



12026.2. (a) Section 12025 does not apply to, or affect, any of the following:

(1) The possession of a firearm by an authorized participant in a motion picture, television, or video production or entertainment event when the participant lawfully uses the firearm as part of that production or event or while going directly to, or coming directly from, that production or event.

(2) The possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while going directly to, and coming directly from, those meetings.

(3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.

(4) The transportation of a firearm by a person listed in Section 12026 directly between any of the places mentioned in Section 12026.

(5) The transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm.

(6) The transportation of a firearm by a person listed in Section 12026 when going directly from the place where that person lawfully received that firearm to that person's place of residence or place of business or to private property owned or lawfully possessed by that person.

(7) 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 purpose of displaying that firearm in a lawful manner.

(8) The transportation of a firearm by an authorized employee or agent of a supplier of firearms when going directly to, or coming directly from, a motion picture, television, or video production or entertainment event for the purpose of providing that firearm to an authorized participant to lawfully use as a part of that production or event.

(9) The transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range.

(10) The transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 12050 when done at the request of the issuing agency so that the issuing agency can determine whether or not a license should be issued to that person to carry that firearm.

(11) The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and campgrounds.

(12) The transportation of a firearm by a person in order to comply with subdivision (c) or (i) of Section 12078 as it pertains to that firearm.

(13) The transportation of a firearm by a person in order to utilize subdivision (l) of Section 12078 as it pertains to that firearm.

(14) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm in accordance with subdivision (d) of Section 12072.

(15) The transportation of a firearm by a person in order to utilize paragraph (6) of subdivision (a) of Section 12078 as it pertains to that firearm.

(16) The transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and if that firearm is being transported to a law enforcement agency, the person gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency.

(17) The transportation of a firearm by a person in order to comply with paragraph (2) of subdivision (f) of Section 12072 as it pertains to that firearm.

(18) The transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law, if he or she gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition according to law.

(19) The transportation of a firearm by a person in order to comply with paragraph (3) of subdivision (f) of Section 12072 as it pertains to that firearm.

(20) The transportation of a firearm by a person for the purpose of obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 12092.

(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), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

(c) This section does 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.

(d) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.

[Liberty1]

Where's the locked concealed carry flier?


http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf about half way down concealed carry is briefly addressed - granted it is not an exhaustive look at unlicensed concealed carry.

[EOD Guy]

The LEOs in California will probably never arrest anyone on a Federal school zone charge. They will try to get you on the State charge if anything.

It would be a good thing for someone to be brought up on Federal charges for just driving by a school on the way to the range. The Federal law has been declared unconstitutional once already, they just rewrote it with a couple extra words that do absolutely nothing to make it any less unconstitutional. It needs to be stricken down again.

You're right. I don't see either law being used other than as an add on for other primary charges. The fact remains though, that the law is on the books.

On a reated note, I remember a crack lab being busted down the street from me a few years ago. The police were measuring the distance to the nearest school for an add on for being with a certain distance from the school. The LEO I talked to said they were 20 feet too close and that could be worth several more years in the pen.

[CSDGuy]

Section 12026.1 specifically covers carry in a motor vehicle. Section 12026.2 specifically covers carry via any other method of transportation. (PC 12026.2 is written so that it can include other types of firearms... and AW's are the other type it covers.)

If you are walking, skateboarding, kayaking, rollerskating, hangliding, or any other method or transpotation other than motor vehicle, you need to be going straight to or returning straight from one of the places/activities specifically listed in 12026.2.

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.



12026.2. (a) Section 12025 does not apply to, or affect, any of the following:
...BIG SNIP...

(c) This section does 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.

(d) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.
12026.2 (c) to me seems to be the only concealable weapon provision specifically written into that specific portion of the law. Therefore, if you are otherwise lawfully transporting or carrying a pistol in a locked container in a kayak or on a bicycle, or whatever, you are also exempt from 12025. The way that 12026.2 (c) is written, AW's can not use that as an exemption for transporting them just "wherever"...

[Decoligny]

12026.2 (c) to me seems to be the only concealable weapon provision specifically written into that specific portion of the law. Therefore, if you are otherwise lawfully transporting or carrying a pistol in a locked container in a kayak or on a bicycle, or whatever, you are also exempt from 12025. The way that 12026.2 (c) is written, AW's can not use that as an exemption for transporting them just "wherever"...

Well you have to consider that 12025 is an absolute prohibition on concealed carry without a license. So in order to legally transport it you have to meet one of the specific exemptions listed in the Penal Code.

12026 specifically exempts you from 12025 in your home or business.

12026.1 specifically exempts you from 12025 in a motor vehicle if you follow the provisions listed therein.

12026.2 specifically exempts you from 12025, only for those specific activities specifically listed, whether you walk, crawl, swim, ride, or fly, as long as it is unloaded and locked in a secure container.

Since long guns are by Penal Code 12001 (a) definition not concealable, and since 12025 deals with concealable firearms, and since 12026, 12026.1, and 12026.2 are exemptions to 12025, it would be safe to say that they are dealing primarily with handguns in these sections.

[Liberty1]

Nowhere else does the word "locked" appear.

read further down in that code's section ;)

12026.2 (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),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.

[JDay]

read further down in the code;)

Yeah I just spotted that and deleted my post. I was thinking of the section that allows unloaded, concealed carry to/from hunting and fishing trips.

[Liberty1]

Yeah I just spotted that and deleted my post. I was thinking of the section that allows unloaded, concealed carry to/from hunting and fishing trips.

12027 (?) says "transportation" and that may not mean "carry" however, but I agree NO case is required if that exemption is met - and loaded mags not in a position to fire does not = loaded :D.

[JDay]

12027 (?) says "transportation" and that may not mean "carry" however, but I agree NO case is required if that exemption is met - and loaded mags not in a position to fire does not = loaded :D.

http://law.onecle.com/california/penal/12027.html

PC 12027

Section 12025 does not apply to, or affect, any of the
following:

(f) Members of any club or organization organized for the purpose
of practicing shooting at targets upon established target ranges,
whether public or private, while the members are using pistols,
revolvers, or other firearms capable of being concealed upon the
person upon the target ranges, or transporting these firearms
unloaded when going to and from the ranges.
(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.

Once you're out of the vehicle and start your hunting/fishing expedition you can lock and load your concealed pistol :D

[Decoligny]

http://law.onecle.com/california/penal/12027.html



Once you're out of the vehicle and start your hunting/fishing expedition you can lock and load your concealed pistol :D

Be sure that where you are fishing isn't in the boundaries of an incorporated city. If it is, then 12031 still applies and you can conceal it, but you can't load it.

[CSDGuy]

Well you have to consider that 12025 is an absolute prohibition on concealed carry without a license. So in order to legally transport it you have to meet one of the specific exemptions listed in the Penal Code.

12026 specifically exempts you from 12025 in your home or business.

12026.1 specifically exempts you from 12025 in a motor vehicle if you follow the provisions listed therein.

12026.2 specifically exempts you from 12025, only for those specific activities specifically listed, whether you walk, crawl, swim, ride, or fly, as long as it is unloaded and locked in a secure container.

Since long guns are by Penal Code 12001 (a) definition not concealable, and since 12025 deals with concealable firearms, and since 12026, 12026.1, and 12026.2 are exemptions to 12025, it would be safe to say that they are dealing primarily with handguns in these sections.
12026.2 (c) is yet another exemption to 12025. Since AW's can't fall under 12026.2 (c) as they're not concealable and other non-AW long guns don't fall under 12025... 12026.2 doesn't apply to them. 12026.2 (c) applies to handguns, and therefore... as long as you're otherwise lawfully carrying or transporting them in a locked container, 12025 still doesn't apply. You see, otherwise, all that UOC stuff wouldn't be legal either... follow the logic: you can UOC lots of places, but you can't transport (carry?) the pistol anywhere in a locked box outside certain specified locations but 12026.1 already provides a transport exemption to 12025...

[JDay]

Be sure that where you are fishing isn't in the boundaries of an incorporated city. If it is, then 12031 still applies and you can conceal it, but you can't load it.

I spend much more time in the mountains than I do in incorporated areas.

[lorax3]

Section 12026.1 specifically covers carry in a motor vehicle. Section 12026.2 specifically covers carry via any other method of transportation.

If you are walking, skateboarding, kayaking, rollerskating, hangliding, or any other method or transpotation other than motor vehicle, you need to be going straight to or returning straight from one of the places/activities specifically listed in 12026.2.

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.


I am still a bit confused as differentiating the penal codes for Vehicular and non-vehicular modes of transport. I understand the rules of open carry, as it applies to non-vehicular transport, although I am just not following the codes for carrying inside a vehicle.

I am looking to see where it states it's legal to have a handgun NOT in a locked container, presuming it is unloaded and in plain sight in a vehicle.

Maybe I am just not seeing it, it just seems like all the codes for carrying a handgun unloaded and unconceaed are relevant to the section of code which refers to non-vehicular transportation; i.e. walking.

I may just not bee seeing it, any clarification would be great. Thanks.

-lorax

[CA_Libertarian]

Be sure that where you are fishing isn't in the boundaries of an incorporated city. If it is, then 12031 still applies and you can conceal it, but you can't load it.

Interestingly, hunting is exempted from 12031, but fishing is not. (IMO, fishing is just as much a form of hunting as is shooting game, but I realize the statutory definitions do differentiate the two.)

[Decoligny]

I am still a bit confused as differentiating the penal codes for Vehicular and non-vehicular modes of transport. I understand the rules of open carry, as it applies to non-vehicular transport, although I am just not following the codes for carrying inside a vehicle.

I am looking to see where it states it's legal to have a handgun NOT in a locked container, presuming it is unloaded and in plain sight in a vehicle.

Maybe I am just not seeing it, it just seems like all the codes for carrying a handgun unloaded and unconceaed are relevant to the section of code which refers to non-vehicular transportation; i.e. walking.

I may just not bee seeing it, any clarification would be great. Thanks.

-lorax

The bold part is the problem. There is nothing in any Penal Code that will tell you that anything is legal.

Show me anywhere where in the law that says it's legal to eat an onion bagel with cream cheese using your left hand in the parking lot of Jack in the Box. Can't do it. This is because the only thing you will find in the Penal Code are laws that say "This is illegal" or "That is illegal".

From there it is a process of elimination. If it isn't listed in the laws as illegal, then it is by definition legal.

Penal Code 12025 tells you that carrying a concealed weapon is illegal. 12026, 12026.1, 12026.2 etc. list exemptions showing where and how carrying a concealed weapon can be legal.

Penal Code 12031 tells you that carrying a loaded firearm is illegal in incorporated cities, and in prohibited areas of unincorporated territory.

Penal Code 626.9 say you can't carry in a school zone unless it's locked in a secure container.

If you are carrying openly, you are not concealing, therefore you are NOT in violation of 12025.

If you are carrying unloaded, your weapon isn't loaded, therefore you are NOT in violation of 12031.

If you avoid carrying openly in a school zone, you are NOT in violation of 626.9.

You will not find any section of the Penal Code that states that carrying openly and unloaded in a vehicle is any different than carrying openly and unloaded while on foot.

[Tronite]

What is the legality of bringing a firearm with you and leaving it properly secured in your vehicle while at work and going to the range after work on the way home?

12026.2 (a) 9 states directly to and from a range but 12026.2 (b) states the following: (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), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

Work is the deviation between authorized locations and it's unreasonable to expect me to drive 20 miles past the range to go home and pick up my firearm and drive 20 miles back to the range; 40 miles and an hour and a half in time.

[Decoligny]

What is the legality of bringing a firearm with you and leaving it properly secured in your vehicle while at work and going to the range after work on the way home?

12026.2 (a) 9 states directly to and from a range but 12026.2 (b) states the following: (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), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

Work is the deviation between authorized locations and it's unreasonable to expect me to drive 20 miles past the range to go home and pick up my firearm and drive 20 miles back to the range; 40 miles and an hour and a half in time.

Transporting a gun in your vehicle is covered under 12026.1. There is no restriction to where or when in 12026.1. So you would be perfectly legal to carry your unloaded firearm

12026.2 wouldn't come into play at all.

Perfectly legal to take you firearm anywhere you want if you meet the exemption in 12026.1.

Each of the section is independent of the other, so you don't have to meet all the exemptions, just meet any exemption and you are good to go.

[Liberty1]

What is the legality of bringing a firearm with you and leaving it properly secured in your vehicle while at work and going to the range after work on the way home?

12025 doesn't apply to longarms (AWs are another issue). So for the sake of your question lets discuss handguns. If you have a motor vehicle available to you just use the exemption to 12025 found in 12026.1a (locked case to/from motor vehicle and to/from motor vehicle for any lawful purpose).

12026.2a is used if you do not have a vehicle available and only then (if you can't find an exemption in 12027) are you restricted by the "to and from" language.

One of the brochures at californiaopencarry.org (http://californiaopencarry.org) goes into a little detail on this.