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View Full Version : Going on a driving vacation and want to bring shotgun for protection


escon1
08-12-2010, 9:41 AM
Would you be able to do this provided that the gun was in the trunk and shells were in the front? We will be driving in CA, NV, OR and WA.

Thanks in advance.

KaLiFORNIA
08-12-2010, 10:01 AM
yup?

Maestro Pistolero
08-12-2010, 10:01 AM
In NV, you may have a long gun in the car or trunk, accessible, and with rounds in the magazine or tube, but NOT in the chamber. If hunting, no rounds in the gun while in the car. FYI, your handgun may be fully loaded and concealed in your car without a permit, but NOT ON YOUR PERSON. Trunk, passenger seat, under the seat, glovebox, all OK.

paul0660
08-12-2010, 10:06 AM
Longguns can be anywhere in the car, and ammo can be as close as you like. Some states, like Maestro says, are even better. Always best to keep it out of sight.

A long gun that is not in a locked case violates the FEDERAL school gun zone law, fyi.

Droc101
08-12-2010, 11:02 AM
sorry for the misspeak, here is the info from the office of attorney general, http://www.ag.ca.gov/firearms/travel.php Ill make sure i do my foot work a little better next time

paul0660
08-12-2010, 11:04 AM
droc..........its a shotgun, doesn't have to be in a locked container except for the abovementioned Fed GFSZ,and it doesn't have to be separate from the ammo, just not loaded.

AND, if you can stuff the shotgun in the glove compartment, it would be legal.

Glock22Fan
08-12-2010, 11:23 AM
In Ca the gun must be in a locked container and kept separate from the ammo. You may not have the gun in your glove box in CA.

Droc, you appear to be talking about a handgun, but even then the ammo does not have to be in a separate container (although it might avoid another reason for an ignorant cop to hassle you.)

Technically too, IMHO you can have the handgun in the glove or utility box as long as it is in a locked container within the glove or utility box. Nit picking a bit, but what the law says is that the glove or utility box itself cannot count as a locked container.

advocatusdiaboli
08-12-2010, 11:25 AM
In Ca the gun must be in a locked container and kept separate from the ammo must not be loaded (round in magazine in pistol or in chamber). Okay to have ammo in same locked container or out unlocked. You may not have the gun in your glove box in CA.

Fixed your error regarding CA for you.

Droc101
08-12-2010, 11:42 AM
I apologize for my misspeak I had been referring to pc 12025 and you are correct, it doesnt apply to long guns. i edited the post with a link to office of attorney general that covers the transport laws. here is another good resource that I found to debunk some myths and common misconceptions. http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

rysmithjr
08-12-2010, 11:51 AM
hey droc101, are you sure that link is accurate? how? just because it's on the internet doesn't mean you should believe it.

It may or may not be, I don't know if it is accurate, I'm just saying it almost looks like you are googling to be able to be the guy with the answers, and that may not be the best course here.

Droc101
08-12-2010, 12:01 PM
which link? the ca open carry write up or the office of attorney general? both are accurate. we used to use those websites in my previous job at Outdoor world. the write up is a paraphrase of the transport laws with references to the original pc codes. the oag is a California state government site.

TimRB
08-12-2010, 12:03 PM
"I apologize for my misspeak"

For my part, you're forgiven :-) It's almost impossible to know *all* the ins and outs of California gun law.

Here's an interesting factoid for you: There's a Federal publication (ATF Publication 5300.5) called "State Laws and Published Ordinances - Firearms". It has all the gun laws of all the states, including places like Guam and Puerto Rico, too. By looking at the alphabetized table of contents you can tell how many pages each state gets. Most, by far (45 states and countries), have 10 or fewer pages of gun laws. (Many of those 45 have five or fewer pages.) A few, like Illinois, New York, and Ohio have as many as twenty-something pages. California has (wait for it) 68 pages of gun laws. This includes about 22 pages of ordinances for various cities.

I am SO ready for a post-McDonald/Heller overhaul of our gun laws.

Tim

paul0660
08-12-2010, 12:07 PM
They are fine links, you should have read them.

It is really all here:

http://wiki.calgunsfoundation.org/index.php/Main_Page

I suspect that while you were at Outdoor World you disseminated some FUD, unfortunately. This site will straighten you out.

Droc101
08-12-2010, 12:10 PM
"I apologize for my misspeak"

For my part, you're forgiven :-) It's almost impossible to know *all* the ins and outs of California gun law.

Here's an interesting factoid for you: There's a Federal publication (ATF Publication 5300.5) called "State Laws and Published Ordinances - Firearms". It has all the gun laws of all the states, including places like Guam and Puerto Rico, too. By looking at the alphabetized table of contents you can tell how many pages each state gets. Most, by far (45 states and countries), have 10 or fewer pages of gun laws. (Many of those 45 have five or fewer pages.) A few, like Illinois, New York, and Ohio have as many as twenty-something pages. California has (wait for it) 68 pages of gun laws. This includes about 22 pages of ordinances for various cities.

I am SO ready for a post-McDonald/Heller overhaul of our gun laws.

Tim
I have heard of that publication before. That is amazing that we have so many more laws then most of the other states. I wonder if they have to redo that book annually.

Wherryj
08-12-2010, 12:42 PM
droc..........its a shotgun, doesn't have to be in a locked container except for the abovementioned Fed GFSZ,and it doesn't have to be separate from the ammo, just not loaded.

AND, if you can stuff the shotgun in the glove compartment, it would be legal.

Actually, I suspect that if you could stuff the shotgun in the glove compartment the SHOTGUN would be illegal.

paul0660
08-12-2010, 12:46 PM
yes, a shorty shotty.

Droc101
08-12-2010, 12:47 PM
Big glove compartment

CSACANNONEER
08-12-2010, 12:50 PM
Actually, I suspect that if you could stuff the shotgun in the glove compartment the SHOTGUN would be illegal.

Wow, you've got a closed mind. I was thinking that he might have a rather large glove compartment. BTW, Some SBSs and AOWs are legal in California! So, it is possible to have a legal owned shotgun in California that is capable of fitting into a standard glove compartment. :p

Wherryj
08-12-2010, 12:50 PM
A 26 inch long glovebox? Does even a Hummer have one that long?

Maestro Pistolero
08-12-2010, 1:38 PM
Federal GFSZ is probably unenforceable. Anybody know of anyone charged and convicted under this act?

Wherryj
08-12-2010, 1:46 PM
Here's a website where someone stated that he found several successfully prosecuted GFSZ charges as the sole charge.

The site he linked to has gone inactive, so I can't independantly confirm the cases.

http://forum.pafoa.org/pennsylvania-10/105407-federal-ha-ha-gun-free-school-zone.html

paul0660
08-12-2010, 1:50 PM
Federal GFSZ is probably unenforceable. Anybody know of anyone charged and convicted under this act?

Nope, I just mention it for full disclosure. It could be an add on if someone REALLY messes up something else.

The Original Godfather
08-12-2010, 2:30 PM
"I apologize for my misspeak"

For my part, you're forgiven :-) It's almost impossible to know *all* the ins and outs of California gun law.

Here's an interesting factoid for you: There's a Federal publication (ATF Publication 5300.5) called "State Laws and Published Ordinances - Firearms". It has all the gun laws of all the states, including places like Guam and Puerto Rico, too. By looking at the alphabetized table of contents you can tell how many pages each state gets. Most, by far (45 states and countries), have 10 or fewer pages of gun laws. (Many of those 45 have five or fewer pages.) A few, like Illinois, New York, and Ohio have as many as twenty-something pages. California has (wait for it) 68 pages of gun laws. This includes about 22 pages of ordinances for various cities.

I am SO ready for a post-McDonald/Heller overhaul of our gun laws.

Tim

:shock::eek:

gobler
08-12-2010, 3:42 PM
"I apologize for my misspeak"

For my part, you're forgiven :-) It's almost impossible to know *all* the ins and outs of California gun law.

Here's an interesting factoid for you: There's a Federal publication (ATF Publication 5300.5) called "State Laws and Published Ordinances - Firearms". It has all the gun laws of all the states, including places like Guam and Puerto Rico, too. By looking at the alphabetized table of contents you can tell how many pages each state gets. Most, by far (45 states and countries), have 10 or fewer pages of gun laws. (Many of those 45 have five or fewer pages.) A few, like Illinois, New York, and Ohio have as many as twenty-something pages. California has (wait for it) 68 pages of gun laws. This includes about 22 pages of ordinances for various cities.

I am SO ready for a post-McDonald/Heller overhaul of our gun laws.

Tim

The more I read stuff like this the more I ready myself to leave Ka :mad: I saw and fought for the last 20 years as my rights were chipped away. I don't know how much longer I can take it.

CSACANNONEER
08-12-2010, 4:01 PM
A 26 inch long glovebox? Does even a Hummer have one that long?

Hummer's don't have big glove boxes but, I've had old trucks that have had room to modify the glove compartments to go at least that deep. Or, one could start a NFA trust and just buy a Serbu shorty or similar. There are civilians in California who are doing this now. It is perfectly legal! Of course, transporting any firearm in a glove box is illegal in California (unless it's locked in another box) so, we are hypothetically talking about traveling only in states which allow it.

diginit
08-12-2010, 8:50 PM
Nit picking a bit, but what the law says is that the glove or utility box itself cannot count as a locked container.

12026.1...

(1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment.

Too bad it couldn't simply be in a holster on a belt in the glove box...

paul0660
08-12-2010, 8:57 PM
Of course, transporting any firearm in a glove box is illegal in California

Applies to handguns only, which is why the shotty in a glovebox joke got going.

Alaric
08-12-2010, 9:52 PM
Here's a website where someone stated that he found several successfully prosecuted GFSZ charges as the sole charge.

The site he linked to has gone inactive, so I can't independantly confirm the cases.

http://forum.pafoa.org/pennsylvania-10/105407-federal-ha-ha-gun-free-school-zone.html

You do know that the original federal GFSZ was overturned by the Supreme Court right? In fact, according to their ruling, much doubt is cast on the enforcability of the federal act that replaced it and is currently in effect today.

That said, do you have a large pile of cash and an attorney who specializes in arguing before SCotUS on retainer for your challenge to the law? If not, it's likely best to stay in compliance with it for now.

Maestro Pistolero
08-12-2010, 10:59 PM
I'm sure the federal GFSZ has a strategic target drawn on it's back by the right people. Binding case law that defines sensitive places in such a way as to nullify the act would be sweet. As it stands, there still has to be a connection to commerce in the act of bearing in the zone. Good luck proving that in court as the supreme court struck the law that is almost identical to the replacement.

I think it is unenforceable in it's present form, but there's a time for everything. First we establish bear (carry) in the strongest way possible.

GrizzlyGuy
08-13-2010, 8:49 AM
You do know that the original federal GFSZ was overturned by the Supreme Court right? In fact, according to their ruling, much doubt is cast on the enforcability of the federal act that replaced it and is currently in effect today.

See here (http://www.calguns.net/calgunforum/showpost.php?p=4243653&postcount=12), the 9th circuit removed much of that doubt when it upheld the validity of the re-passed GFSZ law in 2005. As you can see there, many convictions have occurred.

DEB
08-13-2010, 10:27 AM
I usually just lurk, really enjoy reading and learning about California's gun laws/restrictions and etc. Question, can one carry a loaded black powder, (cap and ball), pistol in your car/person? I carried a black powder pistol in my vehicle here in Texas BCC (Before Conceal Carry), as cap and ball black powder revolvers were not considerd to be firearms. I kind of figured if those weapons worked during the 19th Century they should work fine for defensive uses today. Hope I didn't hijack the thread.

paul0660
08-13-2010, 10:56 AM
deb, if it fires a projectile with an explosive charge, it's a gun.

paul0660
08-13-2010, 11:06 AM
See here, the 9th circuit removed much of that doubt when it upheld the validity of the re-passed GFSZ law in 2005. As you can see there, many convictions have occurred.

All that I have found are add ons (to illegally discharging, possession of cocaine, and armed robbery).

Having a case for a gun that is transported is a great idea regardless of the law, simply to protect the gun. Being able to lock it requires little, and actually locking it would always be a good idea. If you are having a roadside discussion with a LEO about a gun, you are already having a bad day.........bad days have a way of getting worse.