View Full Version : Need info on transporting a long gun with ammo
01-20-2011, 2:09 PM
If I have a dedicated "trunk" shotgun is it legal for me to keep ammo on the stock of the gun as well as some extra in the trunk?
01-20-2011, 2:14 PM
That exact issue was settled in People vs Clark.
01-20-2011, 3:42 PM
Thank you for all the great information. While reading that I found myself pondering another question that you might be able to help me with. I have been told that if I come in contact with a LEO in say a traffic stop and am asked if I have any weapons on me or in the car I do not have to say yes. I can simply state that I do not have anything illegal in the vehicle. Depending on how he takes my answer he will either ask me again, Say alright great, or ask if he can search the vehicle. If I refuse does the LEO have cause to LEGALLY search my vehicle. The reason I ask is because of this section in your provided information.
(e) In order to determine whether or not a firearm is loaded for the
purpose of enforcing this section, peace officers are authorized to
examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
I would assume he would not have probable cause as he is ASSUMING that there is a firearm in the vehicle and is in no way CERTAIN of a firearm present. Please enlighten me on this. Thank you in advance.
01-20-2011, 5:35 PM
Oh, there's a can of worms.
The 12031 "e-check" is legal and supported by at least one higher court ruling (don't recall which at the moment). It's probably also unconstitutional; a challenge to that bit of law is not yet ready, since getting CA to accept there even is 2nd Amendment protection has not yet happened. Read UOC - Unloaded Open Carry - threads for lots of discussion on "e-check".
As to how to respond to an officer's question, that is debated here fairly frequently, and we don't have 1-size-fits-all advice.
First, try your darndest NOT to get into that situation. That means, primarily, maintain your vehicles and obey the vehicle code. If there is no reason to stop you, there will be less opportunity for chatting with the nice officers.
But if you do get stopped? I punt. Too many variables.
You can, if you wish, keep your guns locked in your trunk, and refuse to allow a search. If you're polite and essentially otherwise silent, you force the officer(s) to develop a reason to get a warrant. A sufficiently motivated officer will do that; once they have a warrant, they're gonna look for what the warrant says they can look for.
But mere silence and refusal to allow a search is not supposed to be sufficient to get a warrant.
Note "supposed to". Note "motivated". Also note "polite".
01-20-2011, 9:58 PM
gotcha. I think I will try my best to avoid the situation all together but if I do find myself in said situation I will remain quiet and obey all laws.
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