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gsc3zny
09-05-2011, 2:30 AM
I have seen ads for a magnetic bracket that would hold your gun in your trunk, mounted on the trunk, or next to the speakers, hanging down, but it is inside the trunk. If I get pulled over and that is discovered, is that a problem? Does it matter if it's loaded or not, or chambered?

davbog44
09-05-2011, 3:03 AM
When transporting a firearm in CA, it must be unloaded, and locked. I am sure someone will be along shortly who will quote the statute chapter and verse, but in simple terms, weapon and ammunition must be separated from one another with a lock in between them, unless you have a valid CCW permit, and even then the exception would only apply to the revolver(s) or pistol(s) specifically listed on your permit.

So firearm locked in the trunk and ammunition inside the car in, say your range bag, is good to go. Or vice-versa. Since my vehicle is an SUV type truck, when I head to the range I have both the case I keep my ammo in and the case I keep my firearms in locked up. I've always figured better safe than sorry, and there are the occasional LEOs who might not be as versed the law as they ought to be.

If one was to keep a firearm in the trunk of their vehicle, I am not sure what the benefit to the bracket you mention would be.

SeanCasey
09-05-2011, 6:09 AM
The PC sections in question are 12025 (concealed firearms), 12026 (exceptions to 12025) and 12031 (loaded firearms). FWIW there is no requirement to have ammo and weapon separated. You can have the ammo and gun next to each other inside of the same locked container, so long as no ammo is in the firearm (chambered or in a magazine in the magazine well). The trunk is possible to be your locked container so long as you are unable to access it from inside the vehicle or without a lock of some sort.

You are not required to lock a non-concealable firearm (long gun), except for withen a 1000 ft of a school zone (federal law, state gfsz law 626.9 PC only applies to handguns).

MaHoTex
09-05-2011, 6:52 AM
When transporting a firearm in CA, it must be unloaded, and locked. I am sure someone will be along shortly who will quote the statute chapter and verse, but in simple terms, weapon and ammunition must be separated from one another with a lock in between them, unless you have a valid CCW permit, and even then the exception would only apply to the revolver(s) or pistol(s) specifically listed on your permit.

So firearm locked in the trunk and ammunition inside the car in, say your range bag, is good to go. Or vice-versa. Since my vehicle is an SUV type truck, when I head to the range I have both the case I keep my ammo in and the case I keep my firearms in locked up. I've always figured better safe than sorry, and there are the occasional LEOs who might not be as versed the law as they ought to be.

If one was to keep a firearm in the trunk of their vehicle, I am not sure what the benefit to the bracket you mention would be.

First Non-LEO here.

Assuming we are talking about a pistol/revolver, weapon and ammo CAN be in the same box, no such thing about having them separated by a lock. You can throw both of them in the trunk of your can with NO box if you want as long as the trunk is not able to be accessed without unlocking it.

If it is a long gun, you can put it anywhere you want, locked or not.

Heck, in both cases, it is perfectly legal to put the weapon on the seat next to you (unloaded) and drive down the street, as long as it is not covered/concealed. (Note the GFSZ rules though!)

In both cases, they must be unloaded.

So, no, you do NOT have to have them locked in different parts of the car nor does not have to be kept in a different location.

Edit: I want to add that throwing the pistol on the seat next to you may not be the best choice and is not something I would do.

Kodemonkey
09-05-2011, 7:40 AM
The question I ask myself is;"in what situation do I need to be able to acces a weapon from my trunk quickly?"

In every example I can think of, I am sitting behind the wheel.

1. Unbuckle, get out of the car, pop the trunk, load the weapon, neutralize threat.
2. Drive over threat or escape from threat quickly.

Only time I see where escaping from the threat is not the best call is if my car has broken down

erik_26
09-05-2011, 8:19 AM
When transporting a firearm in CA, it must be unloaded, and locked. I am sure someone will be along shortly who will quote the statute chapter and verse, but in simple terms, weapon and ammunition must be separated from one another with a lock in between them, unless you have a valid CCW permit, and even then the exception would only apply to the revolver(s) or pistol(s) specifically listed on your permit.

So firearm locked in the trunk and ammunition inside the car in, say your range bag, is good to go. Or vice-versa. Since my vehicle is an SUV type truck, when I head to the range I have both the case I keep my ammo in and the case I keep my firearms in locked up. I've always figured better safe than sorry, and there are the occasional LEOs who might not be as versed the law as they ought to be.

If one was to keep a firearm in the trunk of their vehicle, I am not sure what the benefit to the bracket you mention would be.

I am not a LEO, but never the less.... Please educate yourself properly before responding to posts.

Please do not post information on a subject that you can not back with a reputable source (fyi, "Buddy of mine said/hear/thinks...." is not a reputable source).

Not trying to give you a hard time or discourage your participation on this forum. Simply trying to help promote accurate information that can be backed by case-law or actual penal codes.

Hopefully we can end all the hear say and get the general public properly educated. I would hate to have a fellow calgunner be at a disadvantage because a myth or have them arrested because he/she was misinformed.

In the end, it is up to the individual to read, understand and comply with all laws. If you are aware that you can (under certain circumstances) have a unloaded firearm in a locked trunk next to ammunition, but you personally feel better having the firearm and ammunition locked in separate containers, then good for you.

BigDogatPlay
09-05-2011, 8:29 AM
So firearm locked in the trunk and ammunition inside the car in, say your range bag, is good to go. Or vice-versa. Since my vehicle is an SUV type truck, when I head to the range I have both the case I keep my ammo in and the case I keep my firearms in locked up. I've always figured better safe than sorry, and there are the occasional LEOs who might not be as versed the law as they ought to be.

All this is covered in People v. Clark. LEOs should absolutely be familiar with this case, and those that aren't need to be. I was familiar with it as a LEO and I'm happy to educate anyone who continues to spread the above disinformation.

There is no requirement to separate firearm from ammo, other than the ammo can not be in the firing chamber (cylinder of a revolver) or in a magazine that is actually inserted in the gun. Those would be loaded, as would ammo inserted into the mag tube of a shotgun or tube fed rifle.

If one was to keep a firearm in the trunk of their vehicle, I am not sure what the benefit to the bracket you mention would be.

On this, I agree with you.

Ron-Solo
09-05-2011, 9:25 AM
When transporting a firearm in CA, it must be unloaded, and locked. I am sure someone will be along shortly who will quote the statute chapter and verse, but in simple terms, weapon and ammunition must be separated from one another with a lock in between them, unless you have a valid CCW permit, and even then the exception would only apply to the revolver(s) or pistol(s) specifically listed on your permit.

So firearm locked in the trunk and ammunition inside the car in, say your range bag, is good to go. Or vice-versa. Since my vehicle is an SUV type truck, when I head to the range I have both the case I keep my ammo in and the case I keep my firearms in locked up. I've always figured better safe than sorry, and there are the occasional LEOs who might not be as versed the law as they ought to be.

If one was to keep a firearm in the trunk of their vehicle, I am not sure what the benefit to the bracket you mention would be.

Sorry, you are incorrect. Ammunition and firearm may be in the same lockbox, but the ammunition can not be in the gun.

Are you LEO? Either way, please make sure you are giving accurate info before posting in the law enforcement forum. Please read the rules to this forum.

Librarian
09-05-2011, 11:32 AM
Right answers are in here already, but for details, see the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/index.php/Transporting

Summary: unloaded, in a locked container (hard or soft-sided); the container can be your trunk, but a separate container is convenient and is more obvious when a question might arise.

davbog44
09-06-2011, 4:28 AM
First, may apologies for wandering into this sub forum; that's what I get for posting at O' Dark-Thirty, while still working on my first cup of coffee, and linking to a thread through the "new posts" feature without taking a moment to look and see which Forum it was originally posted in.

I also should not have used the phrasing "CA Law," and really what I meant to get across was that weapon / ammunition should be separated from the vehicle occupants by a lock, not from one another. I thought I also made clear that someone more knowledgeable of the specifics of the law would probably be along to quote "chapter and verse." Overall I was just trying to say (admittedly not well) that if you can get to the gun and ammunition in a way that makes it quickly accessible, you're potentially asking for trouble.

The wording of the OP's question led me to think he wasn't LE, and was perhaps looking for a way to stay within the letter of the law but have a weapon a little more accessible. Perhaps I was wrong about that as well.

Finally, I did not in any way mean to LEO bash or imply that most or even many LEOs aren't up on the law as it pertains to transporting weapons. To the contrary, my own experience is that almost all LEOs (that I have ever encountered) are absolutely professional. But there are exceptions to every rule, and anyone who spends any time in the shooting sports community has heard the stories where things didn't go as they should have.

So please accept my apologies, and I will now head for the exit of the LEO area and go sulk over in the civilian areas with the promise to pay better attention to the signage.:)

Cokebottle
09-06-2011, 4:41 PM
Overall I was just trying to say (admittedly not well) that if you can get to the gun and ammunition in a way that makes it quickly accessible, you're potentially asking for trouble.
Which is still not the case.

While perhaps not wise, unloaded open carry is legal in California outside of the state and Federal gun-free school zones.
More than 1000ft away from the perimeter of any K-12 school that a person "knows or reasonably should know about" it is 100% legal to have an unloaded gun laying on the seat next to you or in a belt holster, and to have loaded magazines with (but not attached to) that gun.

PC12025 prohibits concealed carry without a license.
PC12031 prohibits loaded carry without a 12025 license
People vs Clark defines "loaded" as the ammunition in a position to be fired.
PC12026.1 and 12026.2 outline exemptions to PC12025 (and nearly all of the exemptions require a locked container).
There is not currently a prohibition against unloaded open carry, though there is a bill working it's way through Sacramento that will add that prohibition.

escon1
09-08-2011, 8:25 AM
The PC sections in question are 12025 (concealed firearms), 12026 (exceptions to 12025) and 12031 (loaded firearms). FWIW there is no requirement to have ammo and weapon separated. You can have the ammo and gun next to each other inside of the same locked container, so long as no ammo is in the firearm (chambered or in a magazine in the magazine well). The trunk is possible to be your locked container so long as you are unable to access it from inside the vehicle or without a lock of some sort.

You are not required to lock a non-concealable firearm (long gun), except for withen a 1000 ft of a school zone (federal law, state gfsz law 626.9 PC only applies to handguns).

So technically, you can drive with an unloaded shotgun in your car at all times?

Librarian
09-08-2011, 10:55 AM
Moved, since this is not LEO specific.

Quiet
09-08-2011, 5:14 PM
So technically, you can drive with an unloaded shotgun in your car at all times?

Yes.

Technically...
... you can legally drive/walk around with an unloaded firearm (that is not a prohibited firearm*) in a locked container at all times.
... you can legally drive around with an unloaded long gun (that is not a prohibited firearm*) without using a locked container at all times, as long as you do not drive through/are in a GFSZ.


*Prohibited firearm being a DD, MG, SBR, SBS & RAW.

Cokebottle
09-08-2011, 9:24 PM
Technically...
... you can legally drive/walk around with an unloaded firearm (that is not a prohibited firearm*) in a locked container at all times.
Perhaps not "walk"

12026.1 provides a blanket exemption for "within a motor vehicle", but it does not apply to being on foot.

The LUCC exemption allowed by 12026.2 is destination-specific.

dantodd
09-08-2011, 10:53 PM
So technically, you can drive with an unloaded shotgun in your car at all times?


Although they're still legal we don't see enough pick up truck gun racks in CA.