PDA

View Full Version : Transporting firearm parts in car


psychophd
05-30-2012, 4:17 PM
I'll preface this with "please don't flame me, but..."
1. I did a search (both on this site and on google) and couldn't find an answer. I'm sure this has been asked before, but I can't find a post.
2. I'm not trying to skirt any laws, just curious, as I may be having some work done on gun parts.

If I have gun parts in my car (e.g., just a slide, and/or magazines, a spring, etc) that do not as a whole make the firearm, do I have to go directly to my destination (gun store/range/home) without stopping, or can I make stops along the way? I don't mean a whole firearm without a magazine.

Can I carry in my briefcase/backpack/pocket the same, with the same rules?

Similarly, if I bring parts to the store and end up buying additional parts that in toto make a weapon (e.g., I bring the lower of an AR to a store to see if the upper fits correctly, but then disassemble again before entering the vehicle), I assume I have a weapon in the car and need to go directly home, as I am transporting a firearm, yes?

psychophd
05-30-2012, 4:19 PM
btw, mods, if this fits better in a different subforum (e.g., general discussion), please move it, thanks.

jayfarley3
05-30-2012, 4:34 PM
I don't see a problem with it. Only the Frame/Receiver counts as a firearm. I'd just keep them out of plain sight.

keenkeen
05-30-2012, 4:39 PM
In a locked case and then you have no worries regardless.

Are you a US citizen?

psychophd
05-30-2012, 4:44 PM
Only the Frame/Receiver counts as a firearm.

So if I am transporting a frame, I need to act as if I am carrying a firearm? I hate to be picky, but want to be law abiding. Common sense would be for me to treat any parts as not a firearm (and I would hope if I got pulled over, the police officer would do the same), but am trying to be thorough.

psychophd
05-30-2012, 4:45 PM
In a locked case and then you have no worries regardless.

Are you a US citizen?

Yes I'm a citizen, and I assumed the parts would be locked, but:
1. If they are just parts, can I stop along the way?
2. If I have all the parts that could construct a weapon but is dissembled, I assume I cannot stop along the way, being very conservative? Or am I being paranoid?

jkody
05-30-2012, 4:47 PM
The frame or part of the gun with the serial number is in itself concidered to be a gun and must be transported as if it were a complete gun.

morrcarr67
05-30-2012, 4:47 PM
So if I am transporting a frame, I need to act as if I am carrying a firearm? I hate to be picky, but want to be law abiding. Common sense would be for me to treat any parts as not a firearm (and I would hope if I got pulled over, the police officer would do the same), but am trying to be thorough.

:82:

Yes. The frame of a semiauto pistol is what's considered the firearm and should be treated as such at all times to be on the same side.

mc21
05-30-2012, 4:50 PM
I thought you can have a gun in your car as long as it is in a locked case/trunk and you can be going anywhere. From what I read, you only have to be going to a place to use the gun or going home if you were not a citizen. At least that was the impression I was under.

psychophd
05-30-2012, 4:51 PM
Got it. So, a slide/spring/mag I can transport without an issue, but when transporting a frame I need to treat as a firearm. Thanks guys! I've always just transported my weapons whole, and never really thought about this before. I appreciate the help.

jkody
05-30-2012, 4:54 PM
No laws against having gun parts in your car to the best of my knowledge. Example, i have a slide for my 1911 in the seat next to me in the car to get it ceracoated but left the frame at home, no laws have been broken even if I stopped along the way.

Rangda
05-30-2012, 4:55 PM
The frame or part of the gun with the serial number is in itself concidered to be a gun and must be transported as if it were a complete gun.

Only the frame/receiver is firearm. Serial number does not indicate part being a firearm or not. I.E. Glock put serial number on frame, slide, and barrel. Only the frame is firearm, slide and barrel are parts.

You can carry parts however you like.

psychophd
05-30-2012, 5:00 PM
I thought you can have a gun in your car as long as it is in a locked case/trunk and you can be going anywhere. From what I read, you only have to be going to a place to use the gun or going home if you were not a citizen. At least that was the impression I was under.

from http://carolrossi.hubpages.com/hub/How-to-Transport-a-Gun-in-Your-Vehicle-in-California

The legal authorization to transport a “concealed handgun” without a permit in your vehicle applies ONLY while going to or from the specific places, and for the specific purposes, identified in Penal Code Section 12026.2. These purposes are going hunting, going to a range, going to a gunsmith etc. It is illegal to transport a concealed pistol in your vehicle for GENERAL PURPOSES (such as self defense), even though it is unloaded and locked in a separate container. In other words, if you forget and leave your Taurus Judge 3” Magnum in the truck after coming back from the range, and later drive with it to the grocery store, you are unlawfully transporting the pistol.

is this guy wrong? I always thought transport was only to/fro range or equivalent, citizen or not.

RazzB7
05-30-2012, 5:02 PM
from http://carolrossi.hubpages.com/hub/How-to-Transport-a-Gun-in-Your-Vehicle-in-California

The legal authorization to transport a “concealed handgun” without a permit in your vehicle applies ONLY while going to or from the specific places, and for the specific purposes, identified in Penal Code Section 12026.2. These purposes are going hunting, going to a range, going to a gunsmith etc. It is illegal to transport a concealed pistol in your vehicle for GENERAL PURPOSES (such as self defense), even though it is unloaded and locked in a separate container. In other words, if you forget and leave your Taurus Judge 3” Magnum in the truck after coming back from the range, and later drive with it to the grocery store, you are unlawfully transporting the pistol.

is this guy wrong? I always thought transport was only to/fro range or equivalent, citizen or not.

There's a word in that linked article that is very important...LOADED. I wouldn't transport a loaded firearm in any event.

rromeo
05-30-2012, 5:05 PM
That link has a lot of inaccurate statements.

keenkeen
05-30-2012, 5:05 PM
from http://carolrossi.hubpages.com/hub/How-to-Transport-a-Gun-in-Your-Vehicle-in-California

The legal authorization to transport a “concealed handgun” without a permit in your vehicle applies ONLY while going to or from the specific places, and for the specific purposes, identified in Penal Code Section 12026.2. These purposes are going hunting, going to a range, going to a gunsmith etc. It is illegal to transport a concealed pistol in your vehicle for GENERAL PURPOSES (such as self defense), even though it is unloaded and locked in a separate container. In other words, if you forget and leave your Taurus Judge 3” Magnum in the truck after coming back from the range, and later drive with it to the grocery store, you are unlawfully transporting the pistol.

is this guy wrong? I always thought transport was only to/fro range or equivalent, citizen or not.

Yes, I belive he is wong. Hopefully Librarian will be along to set us all staright shortly.

Librarian
05-30-2012, 7:10 PM
Yes, I belive he is wong. Hopefully Librarian will be along to set us all staright shortly.

Yes, wrong, but easily confused. I say that as a reformed confused person.

Using the old numbering, it was 12026.1 that gave us in-vehicle, locked&unloaded transport with no destination requirements. That's now 25610 (http://law.onecle.com/california/penal/25610.html). (a) Section 25400 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.
(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 the provisions listed in Section 16580.That's it - no destination requirements for in-vehicle.

Old 12026.2 came from a different bill, with a different history, and applies to NOT in-vehicle transport. That's the part with 'destination requirements', currently listed at PC 25505 (http://law.onecle.com/california/penal/25505.html) - 25595

psychophd
05-30-2012, 8:01 PM
Thank you! I feel better, and more importantly, have a better understanding.

corcoraj2002
05-30-2012, 8:13 PM
In a locked case and then you have no worries regardless.

Are you a US citizen?

What does citizenship have to do with it? I'm a permanent resident and I am covered by the same laws, regarding transporting firearms, as a citizen.

paul0660
05-30-2012, 8:16 PM
(a) Section 25400 shall not be construed to prohibit any
citizen of the United States over the age of 18 .........etc.

keenkeen
05-30-2012, 8:37 PM
What does citizenship have to do with it? I'm a permanent resident and I am covered by the same laws, regarding transporting firearms, as a citizen.

Are you? I seem to remember a BUNCH of threads on this...

mc21
05-30-2012, 9:33 PM
What does citizenship have to do with it? I'm a permanent resident and I am covered by the same laws, regarding transporting firearms, as a citizen.

Don't get all antsy because when I said it, I did not know you were not a citizen. Better yet, I wasn't a citizen until I was in the 7th grade. Regardless, I said that because I know that I read on calguns somewhere that citizens do not have destination requirements for carrying a gun in the trunk/legally locked in a case/etc etc, and there was another section in the penal code that said that if you're not a citizen that you have to have a destination for legal use of the firearm to have it in your vehicle. That may be an old and outdated penal code but I read it within this week.