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xxsleepyxx
02-14-2010, 11:07 AM
Is it alright to drive when my rifle is unloaded but there are loaded magazines in the stock? (much like the 2nd configuration seen below)
http://www.keepandshare.com/userpics/r/i/c/h/ard/2005c/2005-10-20_kel-tec_su-16a_rifle.jpg

I don't have a case and just to be careful I want to disassemble the barrel from the lower portion of the gun.

CSACANNONEER
02-14-2010, 11:09 AM
Yep, it's perfectly legal. Personally, I'd keep it out of sight of prying eyes though.

xxsleepyxx
02-14-2010, 11:11 AM
so disassembling it would not be necessary huh? that's nice.

B Strong
02-14-2010, 11:13 AM
http://www.calguns.net/calgunforum/showthread.php?t=103660

IrishPirate
02-14-2010, 11:14 AM
you'd be legal but it's best to remove the mags from the buttstock too since some LEO's don't truely know what the law says. I keep my kel-tec su-16 in a locked case because everyone who sees it thinks it's an AW and it's not worth the headache to try to explain to an LEO that it's just a regular old rifle.

xxsleepyxx
02-14-2010, 11:16 AM
Irish, but if it's in the trunk than no case is necessary right? Or i mean recommended

GrizzlyGuy
02-14-2010, 11:17 AM
That would be legal thanks to case law (People v. Clark). See here (http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California#People_v._Clark):

People v. Clark(1996) 45 Cal.App.4th 1147 , 53 Cal.Rptr.2d 99 specifically limited 12031(g) by holding that in order to be “loaded” a firearm must have ammunition “placed into a position from which it can be fired”. The case rested on the fact that a shotgun is not loaded when shotgun shells were attached to a shotgun inside a buttstock shell carrier.


It's best if you transport the rifle in a locked container or in a locked gun rack so as to comply with the federal Gun Free School Zones law (http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones#Law) should you drive through any school zones. This is legal in such a case:

(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;

IrishPirate
02-14-2010, 11:22 AM
right. the trunk is a locked container too. however, if you have to open your trunk for anything then it's no longer in a locked container. legally you're fine with it in the first position in the picture with it sitting in your back seat as long as it's unloaded, and quite honestly, it might get you less hassel that way because the LEO wouldn't see a "evil collapsible rifle" anywhere, just a regular featureless rifle. What's legal and what will get you harrassed by the cops are sometimes the same thing.

tombinghamthegreat
02-14-2010, 11:43 AM
http://wiki.calgunsfoundation.org/index.php/FAQ#How_do_I_legally_transport_a_long_gun_.28rifle _or_shotgun.29.3F
this should answer all of your questions

pullnshoot25
02-14-2010, 2:31 PM
Check the FAQ in my sig line.

While it may be a good idea to put the rifle in a locked case due to the Federal bullcrap, it is pretty much an unenforceable law, unless you somehow disrupted interstate commerce.

Put it in your car, never consent to any searches and just carry on.

AndrewMendez
02-14-2010, 5:33 PM
Check the FAQ in my sig line.

Put it in your car, never consent to any searches and just carry on.

If the rifle is in your trunk, there is no reason an LEO should ever know its there. California does NOT require you to tell anyone anything about it. If an LEO ask you directly if you have any firearms in the car, you respond with: "I have nothing illegal in my car"

pullnshoot25
02-14-2010, 5:48 PM
If the rifle is in your trunk, there is no reason an LEO should ever know its there. California does NOT require you to tell anyone anything about it. If an LEO ask you directly if you have any firearms in the car, you respond with: "I have nothing illegal in my car"

Correct. However, I and many others are of the opinion that stating "I have nothing illegal in my car" is a potential hazard should anything be found that is illegal or potentially illegal. I believe that the best way to go about this is to say "Am I legally required to answer that question?" or "I am not obligated to answer that question" or something to that general effect.

Gotta make my videos...

rideanddive
02-14-2010, 6:40 PM
I've done several searches and couldn't find an answer. I know the laws regarding TRANSPORT of a gun from place to place, but is it legal to PERMANENTLY STORE a rifle or shotgun in your car?

tombinghamthegreat
02-14-2010, 6:47 PM
I've done several searches and couldn't find an answer. I know the laws regarding TRANSPORT of a gun from place to place, but is it legal to PERMANENTLY STORE a rifle or shotgun in your car?

Did you look at the link i provided (http://wiki.calgunsfoundation.org/index.php/Main_Page)

Yes it is legal to store, leave, carry, touch, fondle, look, lock up, UOC whatever a long gun in your car. Look up trunk gun to get an idea.

pullnshoot25
02-14-2010, 6:56 PM
I've done several searches and couldn't find an answer. I know the laws regarding TRANSPORT of a gun from place to place, but is it legal to PERMANENTLY STORE a rifle or shotgun in your car?

See above and look at the FAQ in my sig line.

Thrasher416
02-14-2010, 9:04 PM
Just a quick question, does a pickup with a locking topper qualify as a trunk?

Alaric
02-14-2010, 9:07 PM
Correct. However, I and many others are of the opinion that stating "I have nothing illegal in my car" is a potential hazard should anything be found that is illegal or potentially illegal. I believe that the best way to go about this is to say "Am I legally required to answer that question?" or "I am not obligated to answer that question" or something to that general effect.

Gotta make my videos...

I'm going with ANDREWMENDEZ on this one, in that your response sounds more confrontational, evasive and suspicious to any average LEO. Being that it sounds like that, they are more likely to look for probable cause (which is the inescapable weak link to our freedom) and search your vehicle. Saying, "I have nothing illegal in my car", is unequivocal and easily stated with a straight face.

"Evasive" answers in themselves can be interpreted into probable cause in the mind of an LEO.

xxsleepyxx
02-14-2010, 9:15 PM
I agree as well, You don't even have to answer anything. You might end up incriminating yourself and I think I'm going to steer clear of carrying a rifle for no reason only if from home to range or such. And TRASHER.. the link tombing posted has something under semiauto rifles called Transportation and under that has info about trunks.. it says as long as containers are locked you could even ride a bike with it... even though I think LEO still might give you trouble and maybe arrest you.

IrishPirate
02-14-2010, 9:24 PM
Just a quick question, does a pickup with a locking topper qualify as a trunk?

no, it qualifies as a locked container. The law doesn't say trunk, it says locked container. trunks are ruled to be locked containers which is why they are ok. if it locks, and must be unlocked before it can be opened.....it's a locked container.....unless there is something prohibiting the bed of a truck with a locking topper specifically, you'd be fine. But why would you want to put a gun in the back of a pickup where it could get damaged?

Thrasher416
02-14-2010, 10:00 PM
IrishPirate, I wouldn't just toss it in the back, it would be in a case or a bug out bag without a lock and then placed in the bed. I just wanted to know if it qualified as a locked container (said trunk by accident :p). Thank you for clarifying.

pitchbaby
02-14-2010, 10:19 PM
Correct. However, I and many others are of the opinion that stating "I have nothing illegal in my car" is a potential hazard should anything be found that is illegal or potentially illegal. I believe that the best way to go about this is to say "Am I legally required to answer that question?" or "I am not obligated to answer that question" or something to that general effect.

Gotta make my videos...

Say this, "Why would you ask me that? Do I look like a terrorist?... I am pretty sure the law protects me from having to endure such questioning, so I as an exercise of my rights, I respectfully decline to answer."

You averted the question by not saying anything that would lead the LEO to suspect you have a firearm, and diffused it as well with a political hot button by accusing him of profiling, then dragging out the 5th in such a manner as using it to protest his actions, rather than telling him you just don't want to answer.

I'll admit it though, you got to be a little gutsy to talk like that to a LEO, but I have done it before and come through unscathed.

GrizzlyGuy
02-15-2010, 7:43 AM
Correct. However, I and many others are of the opinion that stating "I have nothing illegal in my car" is a potential hazard should anything be found that is illegal or potentially illegal. I believe that the best way to go about this is to say "Am I legally required to answer that question?" or "I am not obligated to answer that question" or something to that general effect.

Gotta make my videos...

I agree (http://www.calguns.net/calgunforum/showthread.php?p=3551753&posted=1#post3551753).

P.S. - I love your videos especially this one (http://www.youtube.com/watch?v=VDWxCpVlrkw). If you need any help in editing your future ones, I might know someone who'd be interested (http://www.calguns.net/calgunforum/showthread.php?t=269152). ;)

AndrewMendez
02-16-2010, 3:18 AM
I think making the LEO laugh by stating something like, "Do I look like terrorist to you??" With a smile on your face, would probably be the easiest way to ease up the officer, however, if he asked again, I would firmly say I have nothing illegal in my car, still with a smile on my face. Any LEO's wanna jump in as to how they would react with that answer opposed to a "I HAVE NOTHING ILLEGAL IN MY CAR SIR!" that is more confrontational.