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View Full Version : Help me with Penal Code ref for LUCC while on foot? Briefcase? Etc.


SA227driver
06-07-2011, 11:41 AM
I have read 12026.1 about firearm transport while in a motor vehicle. What about while on foot? What if I walk to the gun range from my house? What if I want to stop and get my car washed and not want to leave my toys in the car? Any help or referenced PC would be much appreciated.

Thanks in advanced!

GrizzlyGuy
06-07-2011, 11:53 AM
See here (http://www.gunwiki.net/Gunwiki/RefLegalCaLUCC) for a good write-up on LUCC legality.

LUCC on foot can be an issue as your starting point, destination and purpose for carrying the gun factor into whether it is legal or not. See here (http://www.calguns.net/calgunforum/showpost.php?p=4764884&postcount=44) for an example of when it isn't legal.

SA227driver
06-07-2011, 12:01 PM
Thanks GrizzlyGuy! That helps a lot more.

CalBear
06-07-2011, 12:41 PM
See:

http://www.calguns.net/calgunforum/showthread.php?t=163061&page=9&highlight=LUCC

http://www.calguns.net/calgunforum/showthread.php?t=397026&page=5

The short answer is you're probably fine LUCCing.

The long answer is contained in those two threads. The penal code doesn't provide blanket exceptions for simply walking around with a LUCC handgun. The reality is, the exceptions provided are for transportation. The penal code actually uses the words "reasonably necessary" deviations when referring to transportation.

So no, there's not an exception for LUCC, but it's been pretty well agreed upon that proving guilt in these cases would be next to impossible, because you can always claim transportation. You also have your 4th and 5th amendment rights and you should use them. There haven't been any prosecutions for deviating from a course of transport during LUCC.