PDA

View Full Version : Quick question please.


Palmaris
11-01-2009, 7:29 AM
Hello guys.
I am sorry if I repeat question and it was covered many times (I am sure it was).
I just about to get Colt M4 22LR and my question is how do I have to transport (in the car-locked in the contaner?) it from shop where I am getting it and how do I transport it going to the range (the same question-unloaded for sure, but does it have to be locked in the box/case)?

Thanks a lot for your help.

Hopi
11-01-2009, 7:36 AM
An unloaded rifle can be transported without locking it up.


Is this your first rifle? If so....Congrats and have fun!

Palmaris
11-01-2009, 7:40 AM
An unloaded rifle can be transported without locking it up.


Is this your first rifle? If so....Congrats and have fun!

Thanks a lot for fast reply.
Yes it is my first rifle and I should pick up on next Wendsday. Very exited.

GrizzlyGuy
11-01-2009, 8:23 AM
If you'll be traveling through any school zones (within 1000' of the grounds of any K-12 school), then you need to have it in a locked case to comply with federal law:

http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones#Law

State law (PC 626.9) exempts long guns, but federal law does not.

pennys dad
11-01-2009, 8:31 AM
best case senario to cover if you have no trunk make sure its unloaded with a gun lock in a gun case. if u have a trunk unload it and lock it in. out of sight out of hassle

bwiese
11-01-2009, 2:44 PM
Please remember that some car trunks are not "locked" from the driver, esp from in the cabin - where a single button press can pop the trunk lid, and/or pulling down the rear seats is possible to gain access to trunk.

dantodd
11-01-2009, 3:51 PM
best case senario to cover if you have no trunk make sure its unloaded with a gun lock in a gun case. if u have a trunk unload it and lock it in. out of sight out of hassle

A gun lock has no bearing on transport of a gun. It is the case and not the firearm that must be locked when transiting a school zone. A trunk that is locked and inaccessible from the interior of the car is clearly a "locked container" to fulfill the requirements of the the gun free school zone laws. A trunk which can be accessed from the interior without a key is questionable but has not been adjudicated AFAIK.

Also, if you live within a gun free school zone (GFSZ) and park on the street or have to transit any communal property (e.g. park in a communal car port at an apartment complex) you will also need a locked container to move the firearm into your home from the car and vise versa.

As you can see California makes it as difficult as humanly possible to legally own a firearm in the state. There is an excellent book about all the laws and I highly recommend you pick up a copy. The title is "How to Own a Gun and Stay Out of Jail" You can read more here: http://www.gunlawpress.com/

Welcome to CalGuns and stick around. It's a great place to learn about the gun laws and pitch in to help change them for the better!

Palmaris
11-02-2009, 4:10 AM
Thamk you very much guys for all your input.
There is no more public forums on the net that much informative and helpfull then CULGUNS.NET. I ve been reading posts here for last 6-7 month (mostly about handguns and ammo) and learn so much about "clever" laws in California.
So now with your help I leran more "wise" laws about long rifle.
It is so good that people of calguns help newdies like me to understend laws and stay out of trouble just to practice our rights to have and bear the arms.
Specialy for me (and people like me, for whom english is second language) will be dificult to understand the letter of the law the way it is written in PCs. With all you help it is way simplier to understand what is written between the lines. I fill very greatfull that here in Cali we have community of people (calguns.net) which help all of us to exercise our constitutional rights.

HondaMasterTech
11-02-2009, 7:17 AM
I spent a couple of months sutdying state and federal laws before buying my first gun. The slightest mistake can result in permanent removal of 2nd amendment rights. Don't take that lightly.

Aldemar
11-02-2009, 12:32 PM
Please remember that some car trunks are not "locked" from the driver, esp from in the cabin - where a single button press can pop the trunk lid, and/or pulling down the rear seats is possible to gain access to trunk.

I have an Infiniti G35 and can open the trunk from the dashboard. Is this not considered a locked container:eek:

Flopper
11-02-2009, 12:37 PM
I have an Infiniti G35 and can open the trunk from the dashboard. Is this not considered a locked container:eek:

I'm interested in an answer to this also.

My car is similar in that I can open it from a dashboard button also, but the key has to be in the ignition.

dantodd
11-02-2009, 12:58 PM
a remote release is probably just fine. As long as you can't access the remotely opened trunk from inside the car. Unless there is specific case law anything "can" happen but as the trunk is locked and inaccessible to occupants or anyone outside without a key there is no problem. Otherwise a car with a remote opener on the key would also be questionable. If you opened the trunk from inside the car you will likely create a short period of time when the gun is NOT in locked compartment and not under your direct control, bad idea.

Aldemar
11-02-2009, 1:13 PM
a remote release is probably just fine. As long as you can't access the remotely opened trunk from inside the car. Unless there is specific case law anything "can" happen but as the trunk is locked and inaccessible to occupants or anyone outside without a key there is no problem. Otherwise a car with a remote opener on the key would also be questionable. If you opened the trunk from inside the car you will likely create a short period of time when the gun is NOT in locked compartment and not under your direct control, bad idea.

On the Infiniti, no keys are even given to you. It has a "smart key FOB"that allows you to lock or unlock any door or the trunk when you push the button on the door or trunk. Also as stated earlier, I have the ablilty to open the trunk from a button on the dashboard.

Glock22Fan
11-02-2009, 1:55 PM
I'm interested in an answer to this also.

My car is similar in that I can open it from a dashboard button also, but the key has to be in the ignition.

It probably depends upon whether the car doors are locked or not. If they were, then the car could be the locked container. I see nothing in the p.c. saying that you have to be OUTSIDE the locked container. :43:



Sorry -- before you flame me -- that was just my warped sense of humor.

dantodd
11-02-2009, 3:23 PM
On the Infiniti, no keys are even given to you. It has a "smart key FOB"that allows you to lock or unlock any door or the trunk when you push the button on the door or trunk. Also as stated earlier, I have the ablilty to open the trunk from a button on the dashboard.

The fob is, in effect, the key. As long as the gun is locked and you need a remote control or key to access it you should be fine. For anyone not in possession of the fob, the trunk is locked. There are so few ways where an unlocked handgun in the trunk makes sense that it is much easier to just put the gun in a locked container that you can carry. When you are in the house or garage it is easy enough to transport the gun into and from your car but the second you pull that rug out in the parking lot of your dealer or range you are suddenly carrying a concealed weapon not in a locked container. This is a violation of CPC 12025(a)(2)

The CPC 12026.1(a)(2) exemption for carrying concealed to and from a range or other valid destination requires that you carry the gun in a locked container.

Doug L
11-02-2009, 4:10 PM
The fob is, in effect, the key. As long as the gun is locked and you need a remote control or key to access it you should be fine. For anyone not in possession of the fob, the trunk is locked. There are so few ways where an unlocked handgun in the trunk makes sense that it is much easier to just put the gun in a locked container that you can carry. When you are in the house or garage it is easy enough to transport the gun into and from your car but the second you pull that rug out in the parking lot of your dealer or range you are suddenly carrying a concealed weapon not in a locked container. This is a violation of CPC 12025(a)(2)

The CPC 12026.1(a)(2) exemption for carrying concealed to and from a range or other valid destination requires that you carry the gun in a locked container.

So, to summarize, is this correct?:

Handgun --- EITHER must be unloaded and in a locked trunk,
.................OR must be unloaded and in a locked container (which can then be anywhere in the vehicle)

Long gun --- must be unloaded (can then be anywhere in the vehicle)


...Also, if you live within a gun free school zone (GFSZ) and park on the street or have to transit any communal property (e.g. park in a communal car port at an apartment complex) you will also need a locked container to move the firearm into your home from the car and vise versa...

Applies to handguns only???, or, to both handguns and long guns???

Liberty1
11-03-2009, 7:01 AM
So, to summarize, is this correct?:

Handgun --- EITHER must be unloaded and in a locked trunk,
.................OR must be unloaded and in a locked container (which can then be anywhere in the vehicle)

Long gun --- must be unloaded (can then be anywhere in the vehicle)




Applies to handguns only???, or, to both handguns and long guns???

To comply with the Fed. GFSZ, if parking and carrying the LG through the zone, the long gun needs to be in a locked case (there are other exemptions too for licensed persons).

State GFSZ law 626.9 exempts lawfully "transported" long guns. But as we've seen the CA courts apply different definitions to "have" and "carry" I suspect "transport" and "carry" could have different definitions too.

We lack clear case law to guide us on this specifically so that is why I don't yet feel comfortable just saying "carrying" of LGs are exempt from the CA GFSZ act.

Be sure to read the link above for the fed law and do look up and read all of 626.9 PC too.

MasterYong
11-03-2009, 8:00 AM
I lock any guns when transporting just to be safe. It's really not that big of a hassle to have one of those cheapo TSA locks on each case. I don't transport any of my guns outside of a case for two reasons: 1. the case protects the gun and 2. it keeps the gun hidden from view as I have a Ford Explorer which doesn't have a lot of concealable spots in it.

In my recent drive from northern CA to AZ I locked up all my guns just to be sure, in case some jack-hole LEO doesn't know the laws and thinks long guns need to be locked up, GFSZ or not...