View Full Version : Yet ANOTHER transport/case question...
07-10-2011, 12:45 AM
So, I have seen a lot of transportation/case threads lately, and it has gotten me thinking. As far as what KIND of case you use when, are there any regulations on what it has to be made of? Does it have to be a HARD sided case, or would a soft case work as long as you are able to lock it some how? I know you can use a trunk as a "locked case" but there are times when that is not possible (like when driving a van/truck/SUV/RV).
I already tried searching to find the answer, but I never really found anything that answered my question satisfactorily.
07-10-2011, 12:52 AM
Per PC 12026.1:
(a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.
In summation, you need a locked container, which is usually some sort of box-like device (note that it doesn't specify hard/soft) that completely encloses the handgun, then proceed to lock this case with a padlock, key lock, combo lock, or anything of the sort to be compliant during transport.
The above is for pistols or for things that can generally be concealed. Shotguns and rifles do not need to be enclosed for transport, but must be unloaded.
I might be reading it wrong so if someone else can chime in that would be great.
07-10-2011, 1:14 AM
It was intended to be kind of a general gun question (although, mostly geared towards rifles). I am aware that rifles don't need to be locked, unless going through GFSZ. Since it is hard to NOT go through some sort of a GFSZ in an urban environment, I tend to just lock them up anyways. That is one of the reasons I ask the question.
07-10-2011, 1:48 AM
Reading up on the federal GFSZ, it states that all firearms must be in a "locked container" or in a locked firearms rack on the vehicle when within 1,000ft of a school zone. Note that it did not say what kind of container (i.e. hard/soft) and what kind of lock (e.g. key, combo, fingerprint, iris recognition) is required to be used.
07-10-2011, 8:54 AM
FAQ - there is no guidance beyond what is in 12026.1/.2, as posted in #2, above.
For rifles, it isn't generally an issue. For handguns, it seems that folks want to do as little as possible. All I can advise is to ask yourself "if Officer Friendly, on a Very Bad Day, looked at this case, would he/she believe this thing was 'secure'?"
If it doesn't pass the laugh test, pick something else for a case.
07-10-2011, 9:55 AM
I would suggest that if the case can be opened instantly with bare hands, such as with a quick tear, that many judges would not consider it "secure". A locked Kevlar bag with a sufficiently heavy zipper stands a good chance of being considered secure. A locked lightweight cotton bag with single stitch seams, stands a good chance of getting you prison time. For the intermediate cases of light to heavy nylon bags which might be quickly cut open with any sharp common blade, consider judges like the one that convicted Theseus for open carry in disregard of the clear letter of the law. Feel lucky?
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