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Kid Stanislaus
05-19-2009, 10:59 AM
I did a search for that topic but couldn't find anything specific to it. Gee, I hate to cover ground that I know has been discussed before but I've GOT to know what the straight skinny is before proceeding. I'd like to transport an unloaded Rem 870 (18" barrel) in the front of my pickup, while travelling at night, with about a half a dozen rounds attached to the buttstock. I'm sure this is legal but if anybody can come up with some reason why it is not at all a wise policy please speak up.

JDoe
05-19-2009, 11:17 AM
I did a search for that topic but couldn't find anything specific to it. Gee, I hate to cover ground that I know has been discussed before but I've GOT to know what the straight skinny is before proceeding. I'd like to transport an unloaded Rem 870 (18" barrel) in the front of my pickup, while travelling at night, with about a half a dozen rounds attached to the buttstock. I'm sure this is legal but if anybody can come up with some reason why it is not at all a wise policy please speak up.

shotgun car unloaded site:calguns.net (http://www.google.com/#hl=en&q=shotgun+car+unloaded+site%3Acalguns.net&btnG=Google+Search&aq=f&oq=shotgun+car+unloaded+site%3Acalguns.net&fp=Li-R6mbKWrc)

http://www.calguns.net/calgunforum/showthread.php?t=118939

In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, although not chambered or placed in a position where it was able to be fired, was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed.

The court held: "The term "loaded" has a commonly understood meaning: "to put a load or charge in (a device or piece of equipment) a gun" or "to put a load on or in a carrier, device, or container; esp: to insert the charge or cartridge into the chamber of a firearm." (Webster's New Collegiate Dict. (1976) p. 674.) Under the commonly understood meaning of the term "loaded," a firearm is"loaded" when a shell or cartridge has been placed into a position from which it can be fired; the shotgun is not "loaded" if the shell or cartridge is stored elsewhere and not yet placed in a firing position. The shells here were placed in a separate storage compartment of the shotgun and were not yet "loaded" as the term is commonly understood."

DarkHorse
05-19-2009, 11:45 AM
http://www.calguns.net/calgunforum/showthread.php?t=181549

Bookmark this for searching here -
http://www.google.com/coop/cse?cx=018149931542195181678:pzxbzjzh1zk

But, to actually provide an answer for you, Yes, what you are describing would be legal. Generally.

I believe the only caveat would be school zones. WRT CA law, you're fine, as shotguns are not concealable, and not subject to being locked.
However, I've heard that federal law is different, and you should have a locking gun rack to comply.
Check out
http://www.santacruzgunlocks.com/
http://www.bigskyracks.com/

As to why it's "not a wise policy" - you live in CA, and your lawmakers spend an awful lot of their time and our money making us depend on Big Brother for protection, and they don't like it when you try to defend yourself. Doing something like this turns you into a racist redneck, and it then becomes OK for aging-hippie-liberal-douchebags to make fun of you. (But don't you dare make fun of them, because that would be discriminatory)

Kid Stanislaus
05-19-2009, 2:42 PM
Doing something like this turns you into a racist redneck, and it then becomes OK for aging-hippie-liberal-douchebags to make fun of you. (But don't you dare make fun of them, because that would be discriminatory)


I just HATE it when aging hippies make fun of me!!:eek:

tombinghamthegreat
05-19-2009, 3:01 PM
Perfectly legal to have an unloaded shotgun in your car with ammo, anywhere, even in your lap if so desired. It would not hurt to print out the is it loaded pamphlet just in case (use search button). there is the school zone issue but i would not worry to much about long guns. Some PD might give you a hard time if pulled over but if you are doing nothing illegal the worst they can do is issue empty threats;)

paul0660
05-19-2009, 3:06 PM
I didn't read any of the above other than the OP. Personally, I wouldn't have cartridges attached to the gun in any way.

Kid Stanislaus
05-19-2009, 4:36 PM
I didn't read any of the above other than the OP. Personally, I wouldn't have cartridges attached to the gun in any way.


I know the courts have already given that part the green light. My concern was with the general issue of having a long gun and ammo in the vehicle. I'm concerned about driving long distances at night with some of the crazy stuff that goes on out on the roadway, especially the less travelled ones.