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View Full Version : Carrying case for pistols


n6nvr
06-03-2009, 3:23 AM
A guy at work asked me and I didn't have a good answer. Open Carry for unloaded pistols is legal absent any other prohibition (schools, certain buildings, etc). Pistols must be in locked containers in vehicles. And locked containers can be pistol rugs with very rudimentary locks.

Would an unloaded pistol in some kind of "locked" carrying hard case being carried be considered a concealed weapon? Would carrying an unloaded pistol in some kind of soft sided zipper closed case, like a bug-out bag or similar, with a very flimsy lock be considered concealed. My gut feel and reading of 12025 etc seems to consider it concealed, case locked or not, when not transporting it in the situations listed. His contention was that since it was locked that it was possible.
My reading seems to say that having the ammo readily available would also be illegal, but that when open carrying, having ammo available would still be OK.

I've also told him he needs to check with more than just me, especially since I seem to be at odds with his ideas.

CitaDeL
06-03-2009, 5:14 AM
A guy at work asked me and I didn't have a good answer. Open Carry for unloaded pistols is legal absent any other prohibition (schools, certain buildings, etc). Pistols must be in locked containers in vehicles. And locked containers can be pistol rugs with very rudimentary locks.

Would an unloaded pistol in some kind of "locked" carrying hard case being carried be considered a concealed weapon? Would carrying an unloaded pistol in some kind of soft sided zipper closed case, like a bug-out bag or similar, with a very flimsy lock be considered concealed. My gut feel and reading of 12025 etc seems to consider it concealed, case locked or not, when not transporting it in the situations listed. His contention was that since it was locked that it was possible.
My reading seems to say that having the ammo readily available would also be illegal, but that when open carrying, having ammo available would still be OK.

I've also told him he needs to check with more than just me, especially since I seem to be at odds with his ideas.

While it is probably more prudent to transport in a locked case in a car, one can UOC in a vehicle provided the firearm isnt concealed. A locked, secure fully enclosed case is an exemption to 12025- You have to read a little further to glean that from the PC. Seek legal advice, not gut feelings.

IGOTDIRT4U
06-03-2009, 7:11 AM
A guy at work asked me and I didn't have a good answer. Open Carry for unloaded pistols is legal absent any other prohibition (schools, certain buildings, etc). Pistols must be in locked containers in vehicles. And locked containers can be pistol rugs with very rudimentary locks.

Would an unloaded pistol in some kind of "locked" carrying hard case being carried be considered a concealed weapon? Would carrying an unloaded pistol in some kind of soft sided zipper closed case, like a bug-out bag or similar, with a very flimsy lock be considered concealed. My gut feel and reading of 12025 etc seems to consider it concealed, case locked or not, when not transporting it in the situations listed. His contention was that since it was locked that it was possible.
My reading seems to say that having the ammo readily available would also be illegal, but that when open carrying, having ammo available would still be OK.

I've also told him he needs to check with more than just me, especially since I seem to be at odds with his ideas.

Your friend is wrong. You can only carry a handgun in a locked container from certain locations to other certain locations, i.e., trunk of car to range, home to trunk of car, etc. Carrying it otherwise without a CA CCW is illegal. UOC in the car is legal if NO portion of the gun is concealed.

As to the ammo in possession questions, case law defines ammo being legally carried with a gun when it is NOT in a position to be fired. Now, the hard part is educating the officer that has stopped you and found an unloaded gun with the ammo nearby.

jben
06-03-2009, 9:33 AM
There is a lengthy thread already covering the OP's question.
http://www.calguns.net/calgunforum/showthread.php?t=163061&highlight=poor+man%27s+carry

Librarian
06-03-2009, 10:34 AM
A guy at work asked me and I didn't have a good answer. Open Carry for unloaded pistols is legal absent any other prohibition (schools, certain buildings, etc). Pistols must be in locked containers in vehicles. And locked containers can be pistol rugs with very rudimentary locks.

Would an unloaded pistol in some kind of "locked" carrying hard case being carried be considered a concealed weapon? Would carrying an unloaded pistol in some kind of soft sided zipper closed case, like a bug-out bag or similar, with a very flimsy lock be considered concealed. My gut feel and reading of 12025 etc seems to consider it concealed, case locked or not, when not transporting it in the situations listed. His contention was that since it was locked that it was possible.
My reading seems to say that having the ammo readily available would also be illegal, but that when open carrying, having ammo available would still be OK.

I've also told him he needs to check with more than just me, especially since I seem to be at odds with his ideas.

Yes, carrying a handgun that way would, in fact, be carrying it concealed.

But carrying an unloaded handgun in a locked case is an explicit exception to prosecution under 12025, written in 12026.1 and 12026.2. Vehicle transport of handguns does not have 'destination' requirements, while it seems likely that out-of-vehicle transport may.

As to ammunition, the issue is whether the gun is loaded under 12031; see http://www.calguns.net/calgunforum/showthread.php?t=103660

Midian
06-03-2009, 11:23 AM
Jesus. What a god damned hassle.