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View Full Version : Shooting club member: exemption to concealed gun law


Dont Tread on Me
04-12-2007, 7:17 AM
We all know the CA concealed gun law in penal code section 12025 (http://law.onecle.com/california/penal/12025.htm) that requires that we keep handguns in a locked container while transporting them.

Hunters are a well known exception to this Penal Code 12027 (g) (http://law.onecle.com/california/penal/12027.html).

There is another exemption in section (f) right before the hunter exemption.


Section 12025 does not apply to, or affect, any of the following:

(f) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using pistols, revolvers, or other firearms capable of being concealed upon the person upon the target ranges, or transporting these firearms unloaded when going to and from the ranges.

If I'm following correctly this mean that if you are a member of a gun club then while going to or from the club you can carry your pistol in a IWB holster concealed without breaking the concealed gun law.

What do you think?

PS - when I cannot sleep I read the CA penal code. Works every time.

Nefarious
04-12-2007, 7:39 AM
.... these firearms unloaded when going to and from the ranges.

Why would you want or care to carry an unloaded concealed firearm while your driving to the range? That just like public unloaded open carry ... I just dont see the point or benefit of it.

Edit: Im guessing you still cannot even have the ammo on you as well... so basically your carrying your firearm... just to carry it. No benefit

Dont Tread on Me
04-12-2007, 7:52 AM
I would much rather have an unloaded pistol in a holster on my side and a loaded magazine in a mag carrier than have my pistol locked up in the trunk. That's at least a minute difference in draw time.

+1.

Also lets say you screw up and forget to lock the bag containing your pistols in the trunk of your SUV. You're not broken the concealed gun law.

This is another reason not to say anything during a traffic stop about where you are going/coming from. If you lie I guess you've just blown this exemption. If you tell the truth you've given the cop PC to search to check the guns are unloaded.

artherd
04-12-2007, 4:47 PM
No way to know wether a judge would narrowly construe this to cover parking-lot -> firing line, or your house and a range 200 miles away :)

Might be arguable enough to get charges tossed if no other extenuating circumstances. Have lawyer on retainer, and be prepared to spend that retainer.

Dont Tread on Me
04-12-2007, 4:56 PM
No way to know wether a judge would narrowly construe this to cover parking-lot -> firing line, or your house and a range 200 miles away :)

Good point. We have case law on the fishing/hunting exemption. It looks like the same language "going to and from". I don't know if this can change meaning greatly between two exemptions.

(g) Licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.

CalNRA
04-12-2007, 10:01 PM
The "loaded magazine outside the magwell is okay" aspect has been well-covered in different threads.

exactly. The best thing I can think of is print out a copy of the CHP "travel-with-firearms" guideline that clearly states if the magazine is not in the magwell then it's not loaded. If a cop arrests you after reading the CHP guideline, you have a seriously good case to sue for. think about it, the CHP has jurisdiction over just about ANY roads outside of state and national parks that you may travel on and the local agencies cannot have pre-emption(is that the right word? dunno) over the state agency.

30Cal
08-15-2007, 12:33 PM
12026.2. (a) Section 12025 does not apply to, or affect, any of the following:...

(3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm....

(b) In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
(c) This section does 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.
(d) 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. The term "locked container" does not include the utility or glove compartment of a motor vehicle.

How does this play into things? I can drive with an unloaded concealed weapon to the range for practice under 12027.(f), but if I'm going to a match, it must be locked?


Also: Can I carry a huge ugly framing hammer under the seat of my car? I can't find anything that says you can't--is there a general "blunt instrument" section that I've overlooked?

Anthonysmanifesto
08-15-2007, 12:38 PM
I dont get into the habit of pushing the envelop on these things. I dont thrive on that kind of risk.

but I do carry my Membership Card to add an extra angle in my defense should there be an conceivable oversightsmade while transporting and/ or a neighbor or passer by freaks out while im moving my gear to and from the vehicle, as I live in a condo.

hunting and fishing license are handt also, but these things are really shots in the dark. The penal code or a cheat sheet and a very friendly demeanor go a very long way

megavolt121
08-15-2007, 1:42 PM
I dont get into the habit of pushing the envelop on these things. I dont thrive on that kind of risk.



Because our laws are ridiculous. If it weren't for crazy red-head's pushing the envelope, do you think we'd all have OLL's?

Piper
08-15-2007, 2:09 PM
Ca Brit,

I'm not sure which 12025 (f) you're reading, but the one I'm looking at says this: Firearms carried openly in belt holsters are not concealed within the meaning of this section.