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Chatterbox
10-05-2009, 8:43 PM
I walk to work a few miles each day. Am I allowed to carry a disassembled long arm with me? What about a unloaded handgun in a locked container?

bboyin4food
10-05-2009, 9:54 PM
as a short answer - long guns can be carried openly (possibly concealed?) as long as they are unloaded. they do not have to be locked except near school zones. I would definitely not recommend it though.

handguns can be carried inside a locked container as long as they are unloaded- check out the "plan b day planner" with a lock on it

http://www.dillonprecision.com/content/p/9/pid/23863/catid/14/Dillon__039_s___039_Plan_B__039__Day_Planner

there is a thread i cant seem to find right now on a discussion of everyday carry options without having a CCW.

kf6tac
10-05-2009, 10:04 PM
If you're going to be walking through a school zone, federal law additionally requires that any long guns also be in a locked case. Off the top of my head, I can't say for sure how that applies to a disassembled long gun.

GrizzlyGuy
10-05-2009, 10:10 PM
I'm not sure about a disassembled long gun.

You can carry an assembled long gun with you as long as you don't cross through a school zone (in that case, would need to be locked in a case to comply with the federal GFSZ law):

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

For the handgun locked in the case, and you on foot, you need to use one of the concealed carry exemptions listed in 12026.2 or 12027:

http://law.onecle.com/california/penal/12026.2.html

http://law.onecle.com/california/penal/12027.html

This home <--> business one in 12026.2 might fit what you describe:

"(4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026."

The 12026.1 exemption doesn't apply since you are not in a motor vehicle.

If you won't be crossing through a school zone or other place where firearm possession is prohibited, you could also carry the handgun openly. If you did that you wouldn't need to use any of the exemptions.

tombinghamthegreat
10-05-2009, 11:41 PM
Aside from the school zones you could legally open carry/conceal a long gun since you would not be violating PC12031. Generally a non issue here. You can have loaded mags right next to the mags and dont waist your time dissembling the gun since it would not violate PC12025 nor People vs Clark court ruling.

Handgun you can open carry with the mags/every in the open(open carry is an odd issue in CA, look it up before attempting) or put into a locked container but PC12026.2 comes into play when on foot

GuyW
10-06-2009, 12:35 AM
...best to OC carry at the waist, not the foot....

:)
.

Chatterbox
10-06-2009, 6:15 AM
For the handgun locked in the case, and you on foot, you need to use one of the concealed carry exemptions listed in 12026.2 or 12027:

http://law.onecle.com/california/penal/12026.2.html

http://law.onecle.com/california/penal/12027.html

This home <--> business one in 12026.2 might fit what you describe:

"(4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026."


From reading the applicable sections, I wonder if "citizen's ... place of business" applies to workplace in business I do not own.

Mitch
10-06-2009, 6:24 AM
As the others have said, in most circumstances this is legal, but be prepared to be stopped and questioned by police. I was once stopped for carrying a rifle stock home from the office. Machtinger references a guy who was stopped carrying a rifle in a rifle case while riding a bicycle.

Generally, the police are responding to calls from people who see you walking down the street with a gun. If your experience is like mine, the officer will be polite and respectful, will well understand you aren't doing anything wrong, but will also ask you kindly to refrain from doing it again in the future, or at least make sure what you are carrying doesn't obviously look like a firearm (or in my case, part of a firearm). Because if you do it again, they will get more calls, and they will be obliged to waste their time investigating.

There is a difference between what is legal and what is smart.

GrizzlyGuy
10-06-2009, 7:09 AM
From reading the applicable sections, I wonder if "citizen's ... place of business" applies to workplace in business I do not own.

I could be wrong, but my understanding is that it would not apply in that case. That would leave you with open carrying (if no school zones) or traveling in a motor vehicle and using 12026.1. Of course if you happened to work in a government building, then you'd be SOL per PC 171.

Decoligny
10-06-2009, 7:14 AM
If you're going to be walking through a school zone, federal law additionally requires that any long guns also be in a locked case. Off the top of my head, I can't say for sure how that applies to a disassembled long gun.

Even disassembled it is still a long gun. The federal requirement still stands.

Decoligny
10-06-2009, 7:16 AM
Aside from the school zones you could legally open carry/conceal a long gun since you would not be violating PC1202512031. Generally a non issue here. You can have loaded mags right next to the mags and dont waist your time dissembling the gun since it would not violate PC1203112025 nor People vs Clark court ruling.

Handgun you can open carry with the mags/every in the open(open carry is an odd issue in CA, look it up before attempting) or put into a locked container but PC12026.2 comes into play when on foot

Had the PCs cited backwards.

loather
10-06-2009, 10:27 AM
The federal requirement for GFSZ is only enforceable if the gun is somehow affecting interstate commerce.

That's not to say an overzealous cop wouldn't arrest you on that grounds anyways and make your life miserable for the next couple of years through legal battles. Not the kind of scrutiny I want to expose myself to.

Hopefully with incorporation we'll see things like the GFSZ go away completely, as it obviously infringes upon our right to bear arms.

Decoligny
10-06-2009, 10:47 AM
The federal requirement for GFSZ is only enforceable if the gun is somehow affecting interstate commerce.

That's not to say an overzealous cop wouldn't arrest you on that grounds anyways and make your life miserable for the next couple of years through legal battles. Not the kind of scrutiny I want to expose myself to.

Hopefully with incorporation we'll see things like the GFSZ go away completely, as it obviously infringes upon our right to bear arms.

Actually, the way the Feds look at it, it is enforceable so long as the gun itself was involved in interstate commerce. So, if you own a Glock, which is not manufactured in CA, and you use ammunition that was manufactured in Michigan, then interstate commerce has been affected.

This is the reason that several states have passed laws telling the Feds that any gun manufactured in their state, which hasn't moved out of their state, is exempt from the Federal GFSZ law and any arrests made in this type of case will be fought with the 100% legal backing of their state, and that the Federal officers making the arrest will be subject to arrest and prosecution by the state.

tombinghamthegreat
10-06-2009, 11:00 AM
Had the PCs cited backwards.

good catch. ;)

ripcurlksm
10-06-2009, 11:22 AM
anyone here lock their rifles in transport? forgot about the school zone... what if you are pulled over near a school... keep driving for a few hundred feet? :43: