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View Full Version : Would it be legal to carry an unloaded gun in the trunk of my car indefinitely?


OldWestOutlaw
11-29-2010, 5:57 PM
If so how would it have to be carried in the trunk?

I was thinking an old Winchester

shootingblanks00
11-29-2010, 5:59 PM
HANDGUNS
California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

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 defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.

http://ag.ca.gov/firearms/travel.php

OldWestOutlaw
11-29-2010, 6:03 PM
HANDGUNS
California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

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 defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.

http://ag.ca.gov/firearms/travel.php

Thanks, looks like my 1963 Impala is going to have a new friend.

Dead*Reckoned
11-29-2010, 6:12 PM
Don't park on a school campus though.

sniper5
11-29-2010, 6:22 PM
There are some extensive and vague statues, I think it's 12025 or 12025.5, (lawyers feel free to correct this), that pertain to having to be transporting a handgun from a place where it's legal to a place where it's legal with "reasonable" stops along the way. I've told my wife that if she is pulled over and asked about having a firearm in the car, she is either going to the range or coming home, and had to stop for . . ., if asked.

blakdawg
11-29-2010, 7:14 PM
I've told my wife that if she is pulled over and asked about having a firearm in the car, she is either going to the range or coming home, and had to stop for . . ., if asked.

I see where you're coming from with this, but IMHO it's safer to say nothing and ask to speak with an attorney before answering questions, especially if they've already found an unlawfully transported firearm.

If they haven't found that, no need to be making up stories.

cmaher55
11-29-2010, 7:25 PM
....and just don't go and try and cross the Mexican or Canadian border or try to get on to a US military base. No school parking lots like they said earlier too...! Even the post office parking lot could be an issue. Most employers do not care for weapons in your car parked on their lot. Regards

Quiet
11-29-2010, 7:38 PM
Don't park on a school campus though.

Why?

If it's unloaded and in a locked container, then it's exempt from the GFSZ laws. [PC 626.9(c)(2)]


Penal Code 626.9
(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(2) When 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 does 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.
(e) As used in this section, the following definitions shall apply:
(1) "School zone" means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(2) "Firearm" has the same meaning as that term is given in Section 12001.
(3) "Locked container" has the same meaning as that term is given in subdivision (c) of Section 12026.1.
(4) "Concealed firearm" has the same meaning as that term is given in Sections 12025 and 12026.1.

Dead*Reckoned
11-29-2010, 9:16 PM
Why?

If it's unloaded and in a locked container, then it's exempt from the GFSZ laws. [PC 626.9(c)(2)]


Penal Code 626.9
(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(2) When 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 does 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.
(e) As used in this section, the following definitions shall apply:
(1) "School zone" means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(2) "Firearm" has the same meaning as that term is given in Section 12001.
(3) "Locked container" has the same meaning as that term is given in subdivision (c) of Section 12026.1.
(4) "Concealed firearm" has the same meaning as that term is given in Sections 12025 and 12026.1.

A School zone is different than parking ON campus... I may be wrong here, but I'm pretty sure I'm not. IIRC a school zone is just the area surrounding the school. Holding out for more info, you are telling me I can leave my gun in my trunk, locked, at my high school?

Quiet
11-30-2010, 5:44 AM
A School zone is different than parking ON campus... I may be wrong here, but I'm pretty sure I'm not. IIRC a school zone is just the area surrounding the school. Holding out for more info, you are telling me I can leave my gun in my trunk, locked, at my high school?

Letter of the law says it's legal to have an unloaded firearm in a locked container on school property. [PC 626.9(e)(1)]

However, school policy (not state law) may not allow it. As a student you have to compy with the school's policy or else you may be expelled/suspended from the school district for violating school policy, if you are discovered to have an unloaded firearm in a locked container in your vehicle on school property.


Penal Code 626.9
(e) As used in this section, the following definitions shall apply:
(1) "School zone" means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(2) "Firearm" has the same meaning as that term is given in Section 12001.
(3) "Locked container" has the same meaning as that term is given in subdivision (c) of Section 12026.1.
(4) "Concealed firearm" has the same meaning as that term is given in Sections 12025 and 12026.1.

sniper5
11-30-2010, 8:17 AM
I see where you're coming from with this, but IMHO it's safer to say nothing and ask to speak with an attorney before answering questions, especially if they've already found an unlawfully transported firearm.

If they haven't found that, no need to be making up stories.

And I see where you're coming from. And depending on the context of the conversation she may wind up not talking until she sees a lawyer. Or she may choose not to respond to "Good Morning, Ma'am" with "I want to talk to my lawyer." Regardless, the thought she has planted in her head, whether answering at curbside, in an interview room with her attorney, or talking to her attorney is either: "I'm going to the range after. . ." or "I'm going home after. . .". Then she can pick whichever of her membership cards she wants to use (we have a couple) and throw it on the table.