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View Full Version : Yet one more time............unloaded handgun in locked case.


Kid Stanislaus
10-09-2009, 7:08 PM
I really hate to keep bringing this up but I'm not getting the info that I'd like to get. OK, I've got an unloaded handgun in a locked briefcase and I want to carry it with me (ammo is in the case) (I'm on foot). What're the rules? Do I have to be going from one "legitimate" place, such as home, to another "legitimate" place, such as the gun range or gun store? If I stop along the way and do some window shopping am I asking for trouble (i.e., actually breaking the law)? How about getting a bite to eat?

Now, get this, there'll not be a sign on the briefcase stating "Gun Inside", so the PROBABILITY of even getting stopped and asked to open the case are extremely slim. But, am I legal to just walk about with a locked brief case containing an unloaded weapon with the ammo in the case?

hoffmang
10-09-2009, 7:15 PM
If you're a US Citizen, then all you have to do is not go somewhere like an airport sterile area. There are no destination requirements and the locked/unloaded status exempts you from federal and state GFSZs.

-Gene

GrizzlyGuy
10-09-2009, 8:12 PM
No, not in general.

As soon as you lock your handgun in the briefcase, it is now concealed, and 12025 makes that unlawful. To get around 12025, you need to use one of the exemptions in 12026.1, 12026.2 or 12027.

12026.1 contains the "general purpose" exemption, but it isn't available to you since you are on foot. 12026.1 is for transportation in/on a motor vehicle or to/from a motor vehicle.

That leaves you with 12026.2 and 12027. The 12026.2 exemptions are more restrictive because of this in 12026.2(b): "the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances". Many of the exemptions also say 'directly to/from'. The 12027 exemptions are less restrictive in that regard.

Once you have found a suitable exemption, you can then cruise through school zones since your handgun is locked up in the briefcase. There is no issue with having your loaded magazines or ammo in the same case (but not actually in the handgun).

12025:
http://law.onecle.com/california/penal/12025.html

12026.1:
http://law.onecle.com/california/penal/12026.1.html

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

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

hoffmang
10-09-2009, 8:37 PM
However, this exception tends to swallow the rule:

PC 12026.2

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

All you need be doing is be walking from home to work or to another person's home where you have permission to have a firearm.

-Gene

Kid Stanislaus
10-10-2009, 4:16 AM
OK, it looks like one is not allowed to just roam about with a gun in a locked briefcase. However, since it IS a locked briefcase does it require "reasonable cause" for the cops to inspect it? If I'm stopped and told to open it up how much does "I don't consent to any searches" get me?

GrizzlyGuy
10-10-2009, 6:32 AM
The 4th and 5th amendments apply. However, you might happen to fit the description of someone that law enforcement is pursuing for committing a crime. That would give them the ability to search your briefcase without a warrant or your consent.

Or, you might somehow get arrested for something else. They get to search your briefcase in that event as well.

If you want to walk around with a firearm without a specific purpose and/or destination, get a CCW permit or carry a long gun locked in a case. 12025 doesn't apply to long guns unless it is deemed to be a "firearm capable of being concealed upon the person". Since 12025 doesn't apply, you don't need an exemption to it.

ETA: Of course you could also carry the handgun openly. No specific purpose or destination is required. But you wouldn't be able to cross through school zones while remaining on foot, unless one of the 12025 exemptions applied (thereby allowing you to lock it up so as to meet the requirement of the school zone laws).

MudCamper
10-10-2009, 8:46 AM
If you want to walk around with a firearm without a specific purpose and/or destination, get a CCW permit...

I really get tired of hearing this kind of advice. You do realize that for most of us, this is an absolute impossibility?

GrizzlyGuy
10-10-2009, 8:53 AM
I really get tired of hearing this kind of advice. You do realize that for most of us, this is an absolute impossibility?

Yes, I was just stating that for completeness.

I don't like the practical reality either. I live in a place where CCW permits are relatively easy to get. I still won't get one as I don't believe I should have to hand the government a bunch of my personal information, and get their permission (arbitrarily granted based on why I might want one) to exercise a right.