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YoungGun2
02-12-2009, 7:45 PM
Question? Is it legal to have an unloaded gun in a metal box with a loaded mag in the box, as long as the box is locked in a car?

And would it matter where the box was placed in the car?

hoffmang
02-12-2009, 7:52 PM
As long as the magazine is not in the gun itself and there is no round in the chamber, it is legal.

See: http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California

-Gene

Harrison_Bergeron
02-12-2009, 7:55 PM
The box has to be locked, or in the trunk.

YoungGun2
02-12-2009, 7:58 PM
So as long as the box is locked in the cab its ok right?

Quiet
02-12-2009, 8:02 PM
So as long as the box is locked in can be in the cap right?

Yes. It is legal.

YoungGun2
02-12-2009, 8:06 PM
Cab... like in the cab of my truck...

Sorry

hoffmang
02-12-2009, 8:47 PM
Cab... like in the cab of my truck...


As long as the handgun is unloaded and the case is locked it can sit on the passenger seat if you so choose.

-Gene

motorhead
02-12-2009, 8:47 PM
that's a yes. the box must be locked to prevent easy access. glove box and console are verboten. the most common way of transporting in a pickup since you lack a trunk. box does not have to be metal. a locked gun case is sufficient.

vrand
02-12-2009, 9:00 PM
Cab... like in the cab of my truck...

Sorry

BTW, you can also UOC inside your car/truck.

You just need to be aware of schools in the area where you drive thru and be 1000 feet away (crazy rule I know, blasting along the road at 25-65mph). Otherwise you will need to lock them back up in the case ( or in trunk) when entering a 1000 foot zone.

hotwls13
02-12-2009, 9:04 PM
There are a LOT of folks who interpret the law as saying the handgun and mag should be separated. They say you should have the handgun in a locked box UNLOADED with the magazine outside of the box. In this instance the magazine and ammo can be anywhere as long as it is separated from the handgun by the locked box.

I don't necessarily agree, but this is one of those "How to own a gun in California and stay out of jail" grey areas.

jazman
02-12-2009, 9:33 PM
As long as the magazine is not in the gun itself and there is no round in the chamber, it is legal.

See: http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California

-Gene

This is correct, listen to Gene.

rayra
02-12-2009, 10:33 PM
There are a LOT of folks who interpret the law as saying the handgun and mag should be separated. They say you should have the handgun in a locked box UNLOADED with the magazine outside of the box. In this instance the magazine and ammo can be anywhere as long as it is separated from the handgun by the locked box.

I don't necessarily agree, but this is one of those "How to own a gun in California and stay out of jail" grey areas.

And your sort of muddy answer is how that ignorance keeps being perpetuated. The law does NOT require a loaded magazine / ammunitin device be kept in a separate container from the unloaded handgun.

but it's the distortions taught by big / liberal city departments and the overstepping of eager Barney Fife's that keep this wrongheaded persecution alive.

Zhukov
02-12-2009, 10:39 PM
Also, the CHP website's FAQ even states that the gun and ammo do NOT need to be separated:

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.


http://www.chp.ca.gov/html/answers.html

tombinghamthegreat
02-13-2009, 12:08 AM
Ammo/gun in the same container is legal, loaded mags are perfectly legal. Handguns either have to be in a locked container or can be unloaded open carry. Long guns can be in a locked container, concealed in the car or on your person or unloaded open carry. Just be aware of k-12 schools, if you are with 1000 feet then the firearm needs to be in a locked container.

chsk9
02-13-2009, 12:32 AM
Does it matter what it is "locked" with? Will a plastic "lock" suffice?

DDT
02-13-2009, 3:00 AM
Does it matter what it is "locked" with? Will a plastic "lock" suffice?

If you can get into the container without using a tool or manipulating the lock as designed (eg. combination lock or biometric) it is not strong enough to be considered secure.

TakeFive
02-13-2009, 7:33 AM
I think the gun and ammo separation issue gets confused by the Federal law regarding interstate transport:
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html
I've had a couple of range employess chastise me for carrying my ammo with my handgun in a locked case (my car has no trunk).

jeffrice6
02-13-2009, 12:07 PM
Well when I was pulled over in El Dorado county & the sheriff inspected my locked handgun case.......He told me that it was illegal for me to have a locked handgun and loaded (but separated) mag in the same box. He told me the law considered it the same as a loaded weapon. Now I didn't get a ticket & don't know if its true, its just what he told me for what its worth.

Decoligny
02-13-2009, 12:14 PM
Well when I was pulled over in El Dorado county & the sheriff inspected my locked handgun case.......He told me that it was illegal for me to have a locked handgun and loaded (but separated) mag in the same box. He told me the law considered it the same as a loaded weapon. Now I didn't get a ticket & don't know if its true, its just what he told me for what its worth.

You expect a sheriff deputy to be familiar with the law? :D

He was wrong. He was probably taught by someone who was wrong. He will probably teach someone else information that is wrong.

See the "Is It Loaded" pamphlet in my signature

tombinghamthegreat
02-13-2009, 12:25 PM
Well when I was pulled over in El Dorado county & the sheriff inspected my locked handgun case.......He told me that it was illegal for me to have a locked handgun and loaded (but separated) mag in the same box. He told me the law considered it the same as a loaded weapon. Now I didn't get a ticket & don't know if its true, its just what he told me for what its worth.

The cop is spreading FUD. And why would the cop know about a gun in a locked container? If he asks if you have a gun in a locked container then just tell him you have nothing illegal...its why the 5th amendment exists. If the gun is in plain sight/open carry then the cop can inspect it, if you refuse if its in plain sight(or admit you have a gun) then they can arrest you.

DDT
02-13-2009, 1:45 PM
Well when I was pulled over in El Dorado county & the sheriff inspected my locked handgun case.......He told me that it was illegal for me to have a locked handgun and loaded (but separated) mag in the same box. He told me the law considered it the same as a loaded weapon. Now I didn't get a ticket & don't know if its true, its just what he told me for what its worth.


12031(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or
shell 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.

This has been interpreted to mean that a magazine is a part of the firearm and any loaded magazine is therefore a loaded firearm in the presence of the rest of the firearm. In 1996 the Clark decision found this not to be the case. I suspect the deputy was either an old timer who isn't up on current law or he was instructed by someone who didn't know current case law.

It is unfortunate that a cop's lack of knowledge could easily cost someone a trip to the pokey.

vrand
02-13-2009, 1:59 PM
12031(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or
shell 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.

This has been interpreted to mean that a magazine is a part of the firearm and any loaded magazine is therefore a loaded firearm in the presence of the rest of the firearm. In 1996 the Clark decision found this not to be the case. I suspect the deputy was either an old timer who isn't up on current law or he was instructed by someone who didn't know current case law.

It is unfortunate that a cop's lack of knowledge could easily cost someone a trip to the pokey.

yep, or even worst, like dead, in "no knocks" breaking down the wrong front door.