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View Full Version : Using a briefcase to carry a handgun in a vehicle?


xxxx
02-26-2012, 1:27 AM
Is it legal to use a briefcase with a combination lock to carry a handgun (unloaded) with a loaded magazine next to it? What are the rules regarding being around schools (it's almost virtually impossible not to drive next to a school). Do I have to be going/coming from the rage? Is the passenger seat an acceptable place to keep said briefcase?

I would also like to obtain as much documentation I can about this law so I can have paperwork handy. So far all I have is this;

http://www.chp.ca.gov/html/answers.html

California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

Can someone link me to more penal codes and supply more information?

DannyInSoCal
02-26-2012, 1:43 AM
LUCC = Locked Unloaded Concealed Carry.

Legal

JUm3
02-26-2012, 1:46 AM
http://www.amazon.com/GunVault-NV300-NanoVault-Combination-Lock/dp/B003841ZBS/ref=sr_1_14?ie=UTF8&qid=1330249538&sr=8-14

i'd be worried if someone saw the breifcase while the car was parked and snatched it.

johnthomas
02-26-2012, 2:08 AM
As long as it is locked and the gun un-loaded.
• The transportation or carrying of any pistol, revolver, or other firearm capable of being
concealed upon the person by any citizen of the United States over the age of 18 years
who resides or is temporarily within this state, and is not within the excepted classes
prescribed by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code sections
8100 or 8103, provided that the following applies:
- 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, and;
- when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the
firearm must be contained in a locked container while being physically carried. (Penal Code
12026.1.)

(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.

xxxx
02-26-2012, 2:16 AM
Thank you, I am not planning to keep this permanently in my vehicle as a "car gun" I plan on taking it into my office and home without attracting attention and I do not want to break any laws when doing so. It will be at my side at all times so I am not worried about theft at all. It also seems to be the quickest way to access my firearm in a vehicle and does not draw attention from neighbors.

DannyInSoCal
02-26-2012, 2:23 AM
Backpack, fanny pack, briefcase, etc -

As long as it's locked and unloaded you are GTG...

Lugiahua
02-26-2012, 2:42 AM
Backpack, fanny pack, briefcase, etc -

As long as it's locked and unloaded you are GTG...

and off college campus boundary...

funny how you can't pass through a college boundary with firearms in any circumstance (even locked and unloaded) except with a CCW.

Some colleges do not have clear boundary marking, wonder how they define a violation...

Quiet
02-26-2012, 5:50 AM
and off college campus boundary...

funny how you can't pass through a college boundary with firearms in any circumstance (even locked and unloaded) except with a CCW.

Some colleges do not have clear boundary marking, wonder how they define a violation...

GFSZ does not apply to colleges/universities.

CA GFSZ = K-12

Brandon04GT
02-26-2012, 5:57 AM
I don't mean to hi-jack but I got a very quick question that I don't think would warrant an entire thread.

I recently purchased an Allen locking pistol soft case from midwayusa, the kind where the zipper has an integrated lock. The case was shipped with the keys attached to the case with a metal chain thingy. My question is would it be legal to transport a handgun in this locked case with the keys attached to it? If not, would it be legal to have the keys in the same range bag as where this pistol case in put in?


Thanks

hk91666
02-26-2012, 6:14 AM
http://www.amazon.com/GunVault-NV300-NanoVault-Combination-Lock/dp/B003841ZBS/ref=sr_1_14?ie=UTF8&qid=1330249538&sr=8-14

i'd be worried if someone saw the breifcase while the car was parked and snatched it.

These are nice as you can strap to the seat frame. Midwayusa has them as well. A steel cable comes in container and is secured when you lock it.

Sent from my MB860 using Tapatalk

xxxx
02-26-2012, 8:55 AM
So what is the law with being near schools? Obviously I am not going to go to any kind of college campus or K-12 school, but is there a law where I have to be X distance away from them?

bussda
02-26-2012, 10:31 AM
I don't mean to hi-jack but I got a very quick question that I don't think would warrant an entire thread.

I recently purchased an Allen locking pistol soft case from midwayusa, the kind where the zipper has an integrated lock. The case was shipped with the keys attached to the case with a metal chain thingy. My question is would it be legal to transport a handgun in this locked case with the keys attached to it? If not, would it be legal to have the keys in the same range bag as where this pistol case in put in?


Thanks

If the keys are attached to the container or lock in any manner, it is not considered locked. If it is in the same bag, it may be considered locked, but may be interpreted differently or ignored.

Librarian
02-26-2012, 10:53 AM
So what is the law with being near schools? Obviously I am not going to go to any kind of college campus or K-12 school, but is there a law where I have to be X distance away from them?

Gun Free School Zones - http://wiki.calgunsfoundation.org/Gun_Free_School_Zones - your unloaded, locked-in-a-briefcase carry meets the requirements.

If the keys are attached to the container or lock in any manner, it is not considered locked.
Well, I, think so, you think so, and I expect an average LEO would agree, but I don't think we have any case law to confirm. So, I would phrase "it is not considered locked" as "it probably would not be considered locked".

viet4lifeOC
02-26-2012, 11:26 AM
Doesn't it all depend on the interpretation of the law by the LEO who stops you?

I took a CA CCW class last weekend. The lead instructor was former LEO in Huntington Beach and Los Angeles and he said things that go against commonly held views on calguns.

1) a magazine designed for that particular gun is "part" of the gun. Therefore, a loaded magazine is considered a loaded gun. It doesn't matter if the loaded magazine is not in the ma well or not.

2) that one can only drive to and from a legal activity ie gunsmith, gun range, etc. That one could make stops oly in route. That it can't significantly deviate from that route.

The whole purpose of the law was to prevent people from having guns permanently in their cars.

There was a lot of debate, but in the end...it's the LEO who stops you and makes that call. You can argue with all you want, but you'll be doing it behind bars.

I thought i clearly understood the law in locked, unloaded but my head was spinning after the CCW class.

Oceanbob
02-26-2012, 11:32 AM
Unfortunately LEO and CCW class instructors are famous for spreading false information.

We know that your advice was wrong. :facepalm:

I will continue to follow the law and carry my unloaded GLOCK in a secure, locked container.

If you're worried about LEO finding the weapon just carry in a locked case and don't allow a search. Never admit the gun exists. Refuse a search. Keep your mouth shut. etc.

Be well, Bob





Doesn't it all depend on how the LEO who stops you interprets the law?

I took a CA CCW class last weekend. The lead instructor was former LEO in Huntington Beach and Los Angeles and he said things that go against commonly held views on calguns.

1) a magazine designed for that particular gun is "part" of the gun. Therefore, a loaded magazine is considered a loaded gun. It doesn't matter if the loaded magazine is not in the ma well or not.

2) that one can only drive to and from a legal activity ie gunsmith, gun range, etc. That one could make stops oly in route. That it can't significantly deviate from that route.

The whole purpose of the law was to prevent people from having guns permanently in their cars.

There was a lot of debate, but in the end...it's the LEO who stops you and makes that call. You can argue with all you want, but you'll be doing it behind bars.

I thought i clearly understood the law in locked, unloaded but my head was spinning after the CCW class.

Librarian
02-26-2012, 11:35 AM
Doesn't it all depend on the interpretation of the law by the LEO who stops you?

I took a CA CCW class last weekend. The lead instructor was former LEO in Huntington Beach and Los Angeles and he said things that go against commonly held views on calguns.

1) a magazine designed for that particular gun is "part" of the gun. Therefore, a loaded magazine is considered a loaded gun. It doesn't matter if the loaded magazine is not in the ma well or not.

2) that one can only drive to and from a legal activity ie gunsmith, gun range, etc. That one could make stops oly in route. That it can't significantly deviate from that route.

The whole purpose of the law was to prevent people from having guns permanently in their cars.

There was a lot of debate, but in the end...it's the LEO who stops you and makes that call. You can argue with all you want, but you'll be doing it behind bars.

I thought i clearly understood the law in locked, unloaded but my head was spinning after the CCW class.

The instructor was teaching contrary to what CA law requires. Neither (1) nor (2) is accurate.

See the wiki -- http://wiki.calgunsfoundation.org/Defining_loaded_in_California and http://wiki.calgunsfoundation.org/Transporting

The speculation for the cause of this error is wide, but it's my belief that first, People vs Clark is not taught well, and some officers essentially stopped training before 1996, and, second, this pair of PC sections 16840(a) As used in Section 25800, a firearm shall be deemed to
be "loaded" whenever both the firearm and the unexpended
ammunition capable of being discharged from the firearm are in
the immediate possession of the same person.

25800 (a) Every person who carries a loaded firearm with the
intent to commit a felony is guilty of armed criminal action.
seems to have been internalized as 'always' rather than 'with the intent to commit a felony'.

Given the people a LEO contacts on a daily basis, one might see how such an error could be made.

Lugiahua
02-26-2012, 12:01 PM
GFSZ does not apply to colleges/universities.

CA GFSZ = K-12


Correct me if I got that wrong, but wasn't "California" GFSZ specified that firearms are prohibit in an university even LUCC?

(i) Notwithstanding Section 12026, any person who brings or
possesses a firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching,
research, or administration by, a public or private university
or college, that are contiguous or are clearly marked
university property, unless it is with the written permission
of the university or college president, his or her designee, or
equivalent university or college authority, shall be punished
by imprisonment in the state prison for one, two, or three
years.

Librarian
02-26-2012, 12:09 PM
Correct me if I got that wrong, but wasn't "California" GFSZ specified that firearms are prohibit in an university even LUCC?

Emphasize the "Z" - there is no 1000' must-carry-in-locked-case zone around colleges and universities.