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View Full Version : Can I keep a gun in the trunk of my car?


thomasanelson
10-21-2005, 5:52 PM
What does the CA law say about a gun in the trunk or locked case? I heard recently that a gun can only be in ones car if it is locked in a case (or trunk) and he is transporting it to work, range, gun store, etc., but it cannot remain there semi-permanently, say overnight or on a trip. Can any give me the specifics?

Kruzr
10-21-2005, 6:13 PM
It says you are guilty of carrying concealed except for:

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 law enforcement agency for the purpose of a lawful transfer, sale, or loan of that firearm pursuant to Section 12084.
(12) 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.
(13) 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.
(14) The transportation of a firearm by a person in order to utilize subdivision (l) of Section 12078 as it pertains to that firearm.
(15) 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.
(16) The transportation of a firearm by a person in order to utilize paragraph (3) of subdivision (a) of Section 12078 as it pertains to that firearm.
(17) 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.
(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 (2) of subdivision (f) of Section 12072 as it pertains to that firearm.
(20) 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.
(21) 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, key lock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.

sparrow
10-21-2005, 6:14 PM
i understood it to mean unloaded, lock in case or trunk or any where out of instant reach, and for transport to an event or place were it is to be used or needed (range, hunting or gunshop say for a holster fitting or repair). in other word you have to have a ligitamit reason for the transport.

thomasanelson
10-21-2005, 6:22 PM
Locked in case (or in trunk), cable lock thru action, unloaded, not going to shooting range, etc.

That's what I meant.

artherd
10-21-2005, 9:56 PM
Trunk counts as a 'locked container'. (jury is out on turnks with pass-thrus but I would fight this if anyone gave me any trouble.)

Relivant CPC has been posted above, but to sumarize, I am always "just getting back from fishing" if anyone cares to ask. Man I fish a lot.

11Z50
10-21-2005, 10:03 PM
It's rather similar to the situation when I was in high school. I played baseball, so I could always have a 32-ounce Louisville slugger in the back seat along with my mitt and ball cap. Louisville hickory came in handy from time to time.

Mike
10-22-2005, 3:31 AM
It's rather similar to the situation when I was in high school. I played baseball, so I could always have a 32-ounce Louisville slugger in the back seat along with my mitt and ball cap. Louisville hickory came in handy from time to time.


http://www.ar15.com/images/smilies/anim_lol.gif

Librarian
10-22-2005, 11:59 AM
Locked in case (or in trunk), cable lock thru action, unloaded, not going to shooting range, etc.

That's what I meant. Right. Kruzr posted the penal code - summary: If you do that and get caught, you may be prosecuted.

On the other hand, you CAN carry around a rifle, if you don't go places (particularly schools) where all firearms are banned, in the general case. Concealable does not apply to non-NFA rifles/shotguns. I've read where some people have said that an SKS makes a good trunk gun - rugged, cheap, accurate enough.

bwiese
10-24-2005, 10:47 AM
Right. Kruzr posted the penal code - summary: If you do that and get caught, you may be prosecuted.

On the other hand, you CAN carry around a rifle, if you don't go places (particularly schools) where all firearms are banned, in the general case. Concealable does not apply to non-NFA rifles/shotguns. I've read where some people have said that an SKS makes a good trunk gun - rugged, cheap, accurate enough.

Do we have any info (arrests/verdicts, case law, rulings, directives, legal commentary from somebody like Machtinger or Michel, etc.) that specifically addresses "non-shooting destination" busts for otherwise legally-stored handguns or assault weapons?

Any legal measure of how direct vs indirect this route between destinations while carrying locked/unloaded/legally stored handguns is? That is, stopping for gas, dinner, etc? How far out of way perturbations to route's destination are allowed?


Bill Wiese
San Jose

Charliegone
10-24-2005, 11:30 AM
Sounds like something that happened during WWII...

Librarian
10-24-2005, 6:45 PM
Machtinger's 1999 version (I've got to get a new one - seems the latest is 2002, ISBN: 0964286424) of How to own a gun ... California cites only penal code sections, but his introductory paragraph saysYou must go directly to, and come directly from, the event described in the exception with only reasonable necessary deviations (side trips); (p 51)