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VulpesVafrae
04-04-2011, 11:15 AM
I know this thread has probably been done a few times before, alas, my search skills fail me. So I was wondering if some Calgunners can help me out..

As a broad question. If you were going to carry everywhere you possibly could in CA, what are the restrictions? For example, you can't carry in court, etc. but BLM you can do loaded carry? At your friends place (private property) you can conceal loaded, but on public land; unloaded open? How do you legally get your gun from point A --> B ? What if you are surrounded by schools in 1000 ft? even though its locked, are you still boned?

Second question is about gun locks. I've always put a lock through the chamber/mag and thought that was cool. What about this locked container deal? Does your long arm/pistol have to be in a locked container, or can the action be locked? How does this apply to on foot? in a car? by public transportation, etc? Thanks for the help, thought it would be interesting, if I'm not kick too dead of a horse

paul0660
04-04-2011, 11:19 AM
A few times.............try looking through the wiki up in the header, or searching a bit. These are involved questions that have answers which are specifically addressed in the wiki.

Librarian
04-04-2011, 11:43 AM
I know this thread has probably been done a few times before, alas, my search skills fail me. So I was wondering if some Calgunners can help me out..

As a broad question. If you were going to carry everywhere you possibly could in CA, what are the restrictions? For example, you can't carry in court, etc. but BLM you can do loaded carry? At your friends place (private property) you can conceal loaded, but on public land; unloaded open? How do you legally get your gun from point A --> B ? What if you are surrounded by schools in 1000 ft? even though its locked, are you still boned?

Second question is about gun locks. I've always put a lock through the chamber/mag and thought that was cool. What about this locked container deal? Does your long arm/pistol have to be in a locked container, or can the action be locked? How does this apply to on foot? in a car? by public transportation, etc? Thanks for the help, thought it would be interesting, if I'm not kick too dead of a horse

Second question first - if you are going to carry a handgun concealed, you must either have CCW or carry it in a fully enclosing locked container. A trigger lock, action lock, LifeJacket etc does NOT satisfy the law. The container may be hard or soft sided.

Long guns usually need not be locked up; the only exception is the Federal school zone law, that requires them to either be in a locking rack or a locked container.

A locked trunk usually will satisfy the 'locked container' requirement for both handguns and long guns.

Unloaded locked carry is legal almost everywhere. List of exceptions in the CCW forum - http://www.calguns.net/calgunforum/showthread.php?t=338205

See also the Calguns Foundation Wiki http://wiki.calgunsfoundation.org/index.php/Transporting

dantodd
04-04-2011, 11:59 AM
A locked trunk usually will satisfy the 'locked container' requirement for both handguns and long guns.


This answer is true and correct, but if you are planning on carrying in your trunk there are a few things to remember. Overturf and other rulings suggest that areas without limited access are not considered "private" and a handgun in such areas should be in a locked container to comply with the law. This is important because any time you open the trunk of your car it is no longer a "locked container" per the law. If you are in a gun store's parking lot that is shared with other businesses for example, opening the trunk could be a violation if the gun isn't in its own locked container within the trunk. If you want to stop on the way to the range or if you don't remove the handgun immediately after your range trip you must be careful not to open the trunk anywhere public, such as a parking space to toss something into or retrieve something from the trunk.

For this reason I would recommend that 99% of the time it is wise to keep your handgun(s) in a locked container within the trunk rather than relying on the trunk as your locked container itself.

VulpesVafrae
04-04-2011, 12:20 PM
Second question first - if you are going to carry a handgun concealed, you must either have CCW or carry it in a fully enclosing locked container.

Long guns usually need not be locked up; the only exception is the Federal school zone law, that requires them to either be in a locking rack or a locked container.

A locked trunk usually will satisfy the 'locked container' requirement for both handguns and long guns.

Thanks for the quick replies guys, I will look over the listed reading material.

1) I have a truck, so probably just get a nice container for the rifle. Although its nice to know lock is not necessary.
2) You don't need a CCW to carry in your house/private property, correct? without going into the large debate of open doors, or you are in your garage.

Putting a loaded gun in a backpack and then putting a lock through the zipper makes it a locked container? Laws are wierd..

G1500
04-04-2011, 12:25 PM
If you are in a gun store's parking lot that is shared with other businesses for example, opening the trunk could be a violation if the gun isn't in its own locked container within the trunk. If you want to stop on the way to the range or if you don't remove the handgun immediately after your range trip you must be careful not to open the trunk anywhere public, such as a parking space to toss something into or retrieve something from the trunk.

Which violation would this be?

Librarian
04-04-2011, 1:01 PM
Which violation would this be?

PC 12031 loaded, if that were the condition, otherwise just school zones.

Outside of that, we get UOC, legal but oft misunderstood.

I agree, a separate 'locked container' from the trunk simplifies interpretations - I use one.

G1500
04-04-2011, 2:17 PM
PC 12031 loaded, if that were the condition, otherwise just school zones.

Outside of that, we get UOC, legal but oft misunderstood.

I agree, a separate 'locked container' from the trunk simplifies interpretations - I use one.

I agree the simplest solution is to have it in a locked container, I do that all the time anyways because my vehicle lacks a trunk.

But if you were to carry a firearm, unloaded, in a locked trunk and were outside of a forbidden zone, what violation would you be in if you were to pop the trunk and toss in some groceries?

Not 12031 or 626.9, correct?

Librarian
04-04-2011, 2:23 PM
I agree the simplest solution is to have it in a locked container, I do that all the time anyways because my vehicle lacks a trunk.

But if you were to carry a firearm, unloaded, in a locked trunk and were outside of a forbidden zone, what violation would you be in if you were to pop the trunk and toss in some groceries?

Not 12031 or 626.9, correct?

As described, there are no violations I can see.

dantodd
04-04-2011, 3:56 PM
I agree the simplest solution is to have it in a locked container, I do that all the time anyways because my vehicle lacks a trunk.

But if you were to carry a firearm, unloaded, in a locked trunk and were outside of a forbidden zone, what violation would you be in if you were to pop the trunk and toss in some groceries?

Not 12031 or 626.9, correct?

Unless the handgun is sitting "out in the open" and rattling around in the trunk it is a violation of 12025(a)(1) (concealed in a vehicle) the moment you pop the trunk and a violation of 12025(a)(2) (concealed on your person) the moment you pick it up. I should have been more specific and said that it is a violation IF you put it in a case, rug, box, or wrap it up etc. I have just never seen anyone put a gun in their trunk or try to carry it into the range etc, without some kind of protection, so I forgot to mention it.

FXR
04-04-2011, 8:21 PM
Putting a unloaded gun in a backpack and then putting a lock through the zipper makes it a locked container? Laws are wierd..

fixed it

dantodd
04-04-2011, 8:35 PM
fixed it

It's still a locked container regardless of the loadedness of the handgun. But it must be unloaded to be legal.