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View Full Version : Transporting firearms... what is legal?


GSwain
04-09-2011, 7:45 AM
When I first purchased a firearm a few years ago, my understanding of legal transportation and posession of a firearm outside of your home or a firing range, club, gunsmith, or gun shop, is that you had to be en route to or from one of these places and your home, with no detours along the way. Now I see threads about unloaded open carry, and various things of that nature. I am more than a little confused, when is it now legal to be in posession of or transporting a firearm? Did something change that I missed? Thanks for the clarification.

VAReact
04-09-2011, 8:23 AM
:xeno:

Locked Unloaded Concealed Carry, Unloaded Open Carry (:eek:), transporting firearms, etc.

racky
04-09-2011, 8:32 AM
http://wiki.calgunsfoundation.org/index.php/Transporting

GSwain
04-09-2011, 8:50 AM
I have searched, but what I am specifically talking about is this:

I have a book, "How to own a gun and stay out of jail" printed 2009, and one of the sections clearly states that in order to be legal under the concealed handgun laws, you have to be going to or coming from a range/gunshop/gunsmith/business you own/property etc.

So my question is : What changed that made it legal to be able to keep a firearm unloaded in a locked container in your car, or have i just misunderstood what the book is saying?

GSwain
04-09-2011, 8:52 AM
http://wiki.calgunsfoundation.org/index.php/Transporting

That tells how I can transport, but does not clarify where it is legal to and transport from.

VAReact
04-09-2011, 9:08 AM
If I remember correctly what was discussed in the thread, your answers are in here somewhere:

http://www.calguns.net/calgunforum/showthread.php?t=163061&highlight=LUCC+Legality

creekside
04-09-2011, 9:38 AM
I have searched, but what I am specifically talking about is this:

I have a book, "How to own a gun and stay out of jail" printed 2009, and one of the sections clearly states that in order to be legal under the concealed handgun laws, you have to be going to or coming from a range/gunshop/gunsmith/business you own/property etc.

So my question is : What changed that made it legal to be able to keep a firearm unloaded in a locked container in your car, or have i just misunderstood what the book is saying?

You have come to the right place for good information (calguns).

What I think you are doing is confusing 12026.1 and 12026.2 -- both are exceptions to 12025.

From the link provided above (http://wiki.calgunsfoundation.org/index.php/Transporting#CONCEALED_handgun_transport):

Penal Code 12025 creates the crime of carrying a concealed firearm. Penal Code 12026.1 and 12026.2 provide an exception for transporting a concealed weapon, if the correct procedure is followed

I have always understood 12026.1 to apply for US citizens transporting firearms within a motor vehicle, and 12026.2 to apply to non motor vehicle methods of transportation (public transit, foot, bicycle, etc) or transportation by non-citizens, such as resident aliens. In other words, both are separate exemptions.

However I am not an attorney, and the author of the guide you cite is. Also, many peace officers have been mis-trained to believe that the destination restrictions in 12026.2 apply to further limit the locked in a container requirements of 12026.1

I have found it singularly useless to attempt to educate peace officers at the side of the road.

A reference I have personally found useful in understanding the 12026.1 and 12026.2 interaction with 12026 is this:

http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

Your mileage and comfort zone will vary.

paul0660
04-09-2011, 10:57 AM
"How to own a gun and stay out of jail" printed 2009

I don't have the book because I lent it to a noob friend, but I don't recall any inaccuracies of note. It may be that you need to read further to find that, for citizens, there is no restriction for where and when one transports a firearm, according to 12026.1.

In fact, that book is so complete, and inclusive of the contradictions of California law, that I didn't find it much improvement over reading the penal code via http://law.onecle.com/california/penal/ .