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drbob
02-19-2009, 4:03 PM
I know handguns are another animal, but what exactly are the restrictions on transporting long guns in a motor vehicle? Do they simply have to be unloaded with no ammunition anywhere near them?

Japsican
02-19-2009, 4:10 PM
Long guns just need to be unloaded. :D

pullnshoot25
02-19-2009, 4:10 PM
You can have them concealed or openly carried in your car or on your person as long as they are unloaded. The ammunition cannot be placed into a position from which the weapon can readily be fired (e.g. no rounds in tube, no mag in magwell, etc).

There is no requirement to lock up long guns when within 1000' of a school like there is weapons with a barrel length of less than 16" (pistols, etc).

You are good to go.

drbob
02-19-2009, 4:24 PM
Very very nice. Thank you gentlemen.

pullnshoot25
02-19-2009, 4:38 PM
Very very nice. Thank you gentlemen.

Not a problem. Welcome to Calguns!

sorensen440
02-19-2009, 4:39 PM
Unloaded

gunsmith
02-19-2009, 6:57 PM
So, just to be clear, lets say you have a ruger carbine and some loaded mags on your belt in a mag pouch.
The mags are full but the gun itself is unloaded, its still good?
And not "attached"?

sorensen440
02-19-2009, 7:00 PM
So, just to be clear, lets say you have a ruger carbine and some loaded mags on your belt in a mag pouch.
The mags are full but the gun itself is unloaded, its still good?
And not "attached"?
Yes your legal

Librarian
02-19-2009, 7:21 PM
There is no [CALIFORNIA] requirement to lock up long guns when within 1000' of a school like there is weapons with a barrel length of less than 16" (pistols, etc).

Amended.

There IS a FEDERAL requirement - 18 USC 922 (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html) (q), with exceptions in (2)(b), most applicable being: (iii) that isó
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

drbob
02-19-2009, 9:10 PM
By the actual text of the link given, it would appear that the law in question only applies to firearms that are in the immediate vicinity of a school zone. Therefore, the exceptions are to a rule only applicable in the first place when on school grounds. So I think we're all still in the green Librarian.

On another note, the idea that the Feds have the authority to make this law at all is ridiculous. The power to "regulate interstate commerce" has been taken far beyond what the Founding Fathers meant.

tombinghamthegreat
02-19-2009, 9:24 PM
Amended.

There IS a FEDERAL requirement - 18 USC 922 (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html) (q), with exceptions in (2)(b), most applicable being:


There is no requirement to lock up long guns when within 1000' of a school like there is weapons with a barrel length of less than 16" (pistols, etc).

I am a bit confused because i know CA does not require it but the Federal government does....so does the federal government apply and can the state enforce it or can it be enforced when it comes to long guns? From my understanding they could but correct me if i am wrong.

56Chevy
02-19-2009, 9:24 PM
Amended.

There IS a FEDERAL requirement - 18 USC 922 (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html) (q), with exceptions in (2)(b), most applicable being:
What if I walk into a school with a picture of me holding a loaded rifle?:p

Librarian
02-19-2009, 9:27 PM
What if I walk into a school with a picture of me holding a loaded rifle?:p

No doubt you will frighten some parent, and be arrested for terrorism.... :eek:

Librarian
02-19-2009, 9:29 PM
By the actual text of the link given, it would appear that the law in question only applies to firearms that are in the immediate vicinity of a school zone. Therefore, the exceptions are to a rule only applicable in the first place when on school grounds. So I think we're all still in the green Librarian.

On another note, the idea that the Feds have the authority to make this law at all is ridiculous. The power to "regulate interstate commerce" has been taken far beyond what the Founding Fathers meant.

See http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones for the long version, but briefly, Both Federal Law and California Law affect possession and transport of firearms in defined school zones. The requirements are slightly different for each.

However, in general, unless one qualifies for one of the exemptions,

* it is illegal to bring a firearm onto a school campus or property, and
* it is illegal to have a firearm in a public place within 1000 feet of a k-12 school.

Exceptions include California Concealed Weapons licenses, and transport through school zones unloaded in locked cases.

drbob
02-19-2009, 9:36 PM
So if we had to sum this all up:

YES, you can have long guns anywhere in your vehicle IF unloaded,
UNLESS:
You are within 1000' of a K-12 school zone.

Librarian
02-19-2009, 11:18 PM
So if we had to sum this all up:

YES, you can have long guns anywhere in your vehicle IF unloaded,
UNLESS:
You are within 1000' of a K-12 school zone.

(and in a public place). Right.

But to go back to your other question ...
On another note, the idea that the Feds have the authority to make this law at all is ridiculous. The power to "regulate interstate commerce" has been taken far beyond what the Founding Fathers meant.

Thus US v Lopez. I truly do not understand why it is that Commerce Clause regulations get to stand in so many places.

The (mis-)authority is actually the worst part, but the lack of any possible effectiveness is troubling.

We already know the effect of 'gun free school zones'. They create targets who cannot effectively resist. Those who are bent on mass murder of the innocent are quite unlikely to obey such a law - the first notice of violation will be gunfire.

leitung
02-19-2009, 11:42 PM
See I live within 1000ft of a school, so I always lock up all my guns before walking out the door, that way I am legal. That way they are also hidden in a box from prying eyes looking to do some auto burgs.

Nessal
02-20-2009, 2:51 AM
See I live within 1000ft of a school, so I always lock up all my guns before walking out the door, that way I am legal. That way they are also hidden in a box from prying eyes looking to do some auto burgs.


I thought it was OK as long as it's on private grounds. So how does that work? If you live within 1000' ft of a school zone, isn't it a bit of a gray zone?

leitung
02-20-2009, 2:53 AM
I thought it was OK as long as it's on private grounds. So how does that work? If you live within 1000' ft of a school zone, isn't it a bit of a gray zone?

I just lock em up before I walk out the door, that way I dont have to worry about it.. I am not totally sure on what the law accually says..

Librarian
02-20-2009, 3:03 AM
I thought it was OK as long as it's on private grounds. So how does that work? If you live within 1000' ft of a school zone, isn't it a bit of a gray zone?

Again, see http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones for the long version.

swhatb
02-20-2009, 12:33 PM
See http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones for the long version, but briefly,

can long guns and ammo be locked up together in a case on school grounds? how about pistols?

CA_Libertarian
02-20-2009, 12:37 PM
To add to what Librarian has offered:

It is my understanding from working with and talking to LE that they are here to enforce state law. Now, if you're an activist (like me) and they got a hard on for you, you might expect they would refer their evidence to the local FBI field office.

Even so, to my knowledge the federal school zone law has already been defeated once. They re-passed the law by simply declaring within the law that the Commerce Clause gives them authority to do so. To my knowledge, the federal law has yet to be enforced or challanged. I suspect the courts would toss it out the new version of the law just as quickly.

Further, even if one were charged, and even if the courts allowed the law to stand on the Commerce Clause, it would be easily challenged on Equal Protection grounds. (It is my understanding that there is no exemption for rifles carried by the color guard in parades.)

In sum, so long as you're not an activist, I wouldn't worry about it. If you are an activist, line up a good attorney and test the waters.

Librarian
02-20-2009, 6:44 PM
can long guns and ammo be locked up together in a case on school grounds? how about pistols?
ON school grounds? No, neither handguns nor long guns, unless you have prior permission from the 'authorities', are LEO, or have CCW.

That's why I do not carry a 'trunk gun' - life says I'm regularly on college campuses, and I don't fit the exceptions.