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Yute
04-29-2006, 2:24 AM
Hello All,
I have a question regarding the Gun-Free School Act. I have read it fairly carefully but for the life of me am not sure if I am breaking the law if:

I am transporting an unloaded rifle in the back of my car, in a case (trigger lock only, not a locked case) headed towards the range. Ammunition is kept seperately from the rifle. In order to get to the highway I have to travel on roads that pass RIGHT next to school (there're a whole bunch of them where I live) - definately within 1000 feet of a school zone. Am I breaking the law?

This passage confuses me:
(2) The firearm is an unloaded pistol, revolver, or other firearm
capable of being concealed on the person and is in a locked container
or within the locked trunk of a motor vehicle.
This section shall not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.

Is going to the range considered to be "lawful
transportation of any other firearm"?

Sigh. All these laws. Thank you very much!

blacklisted
04-29-2006, 2:26 AM
Yes, it's fine.


Firearms on School Grounds
It is unlawful for any person to possess or bring a firearm upon the grounds of, into, or
within a distance of 1,000 feet from the grounds of a school providing instruction in
kindergarten or grades 1 to 12, inclusive, or a campus of the University of California,
California State University, or California community colleges. (Penal Code § 626.9.)

Exceptions
• A person who has the written permission of the school district superintendent,
designee, or equivalent school authority.
• Within a place of residence or place of business or on private property, if the place
of residence, place of business, or private property is not part of the school grounds
and the possession of the firearm is otherwise lawful.
• If the firearm is an unloaded handgun in a locked container or within the locked
trunk of a motor vehicle, or the otherwise lawful transportation of an unloaded long
gun.

Yute
04-29-2006, 3:02 AM
Ah I guess the problem is that it is a rifle. And the car is a SUV with no trunk. Thanks for the reply though! Honestly though all these laws want to make me cry.

10K2HVN
04-29-2006, 4:05 AM
I think you need to think of this statement as two segments:

•If the firearm is an unloaded handgun in a locked container or within the locked
trunk of a motor vehicle
and

•or the otherwise lawful transportation of an unloaded long gun.

[quote=DOJ]SHOTGUNS AND RIFLES

Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. A rifle or shotgun that is considered an assault weapon in California must be transported in accordance with Penal Code section 12026.1.[/qoute]

Yute
04-29-2006, 5:08 AM
I guess the issue stems around the definition "lawful transportation".

How for instance would a cop know that I was actually going to the range and not about to commit a crime? It just seems that even if I had all my range gear (ear, eye pro, targets etc) it would be *possible* to say/accuse that I wasn't going to the range thus invalidating the "lawful transportation clause" while driving past a school...

Yes at this point I am crying. Thanks though!

The Soup Nazi
04-29-2006, 7:00 AM
Hey, don't feel bad, I live so close to 3 schools that I could probably any one of them with a long gun. Yeah, guess what happens if I were to try to store a gun in the trunk of my dads car if it was parked on OUR street.