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kalaca
09-19-2013, 8:11 PM
Can i carry my handgun in a backpack thats locked and unloaded and keep my loaded mags in the glove compartment!The backpack zippers are lock with a combo lock in the back of a scion Tc hatchback i have no trunk!:cool2:

HOGLEG
09-19-2013, 9:03 PM
http://wiki.calgunsfoundation.org/Transporting

"Penal Code provides an exemption for transporting a handgun concealed; typically one uses a completely enclosed locked container to transport an unloaded handgun. Trigger locks, cable locks and other devices are not useful to avoid violating the concealed weapon law.

Other than 'not in the gun', there are NO regulations on transporting ammunition. Ammunition may be carried in that locked container, in magazines or speed loaders, anywhere in a vehicle, so long as no ammunition is actually in the gun.

The container may be carried anywhere in a vehicle; transport is not restricted to a trunk."


Yes. Perfectly legal. You may also carry the magazines or ammo in the same back pack as long as the gun is unloaded. The handgun must be carried in a locked container. Your backpack qualifies as a locked container as long as it is locked.

Althoug legal, you may want to reconsider using the glove box for storing ammo. You may have to open it for documents if pulled over. An officer may see the ammo and may lead to further scrutiny.

Read the above link for transporting in CA.

Javierv73
09-19-2013, 10:22 PM
Really? I always thought mags are supposed to be kept unloaded during transportation?

SilentPea
09-19-2013, 11:20 PM
One thing to note on locking backpack zippers together. On mine and many others, they're not designed to be locked... If you fold the fabric around, you can usually open the main compartment with the zippers still locked together.

kalaca
09-20-2013, 5:04 AM
[QUOTE=HOGLEG;12357401]http://wiki.calgunsfoundation.org/Transporting

"Penal Code provides an exemption for transporting a handgun concealed; typically one uses a completely enclosed locked container to transport an unloaded handgun. Trigger locks, cable locks and other devices are not useful to avoid violating the concealed weapon law.

Other than 'not in the gun', there are NO regulations on transporting ammunition. Ammunition may be carried in that locked container, in magazines or speed loaders, anywhere in a vehicle, so long as no ammunition is actually in the gun.

The container may be carried anywhere in a vehicle; transport is not restricted to a trunk."


Yes. Perfectly legal. You may also carry the magazines or ammo in the same back pack as long as the gun is unloaded. The handgun must be carried in a locked container. Your backpack qualifies as a locked container as long as it is locked.

Althoug legal, you may want to reconsider using the glove box for storing ammo. You may have to open it for documents if pulled over. An officer may see the ammo and may lead to further scrutiny.

Read the above link for transporting in CA.[/QUOTE

Unloaded Gun in locked container inside backpack=Gtg
Thanks!

Mitch
09-20-2013, 3:48 PM
Really? I always thought mags are supposed to be kept unloaded during transportation?

Urban legend.

PuffinPBR
09-23-2013, 12:35 PM
You can have the mags loaded, but the gun and mags have to be LOCKED in 2 different cases and your glove box doesn't count. This is super simple stuff.

DJ Skillz
09-23-2013, 12:39 PM
You can have the mags loaded, but the gun and mags have to be LOCKED in 2 different cases and your glove box doesn't count. This is super simple stuff.

Negative. Mags don't need to be locked up, and they don't have to be in separate containers.

Librarian
09-23-2013, 12:39 PM
You can have the mags loaded, but the gun and mags have to be LOCKED in 2 different cases and your glove box doesn't count. This is super simple stuff.

Inaccurate.

It can help a poorly trained LEO if you carry ammunition that way, but no part of Penal Code requires ammunition be separated from the gun; the gun must be unloaded, and that means no ammunition in position where it can be fired.

Hogleg already linked to the wiki article on transporting.

Tripper
09-23-2013, 12:41 PM
You can have the mags loaded, but the gun and mags have to be LOCKED in 2 different cases and your glove box doesn't count. This is super simple stuff.

False
And
True

False, they do not have to be separate or 2 diff cases
True, glove box itself is not a sufficient container
Unless its a locked container that is inside the glove box

Do a search on google for CHP FAQ
A little ways down the page is the question about transporting firearm and ammo
Read it yourself


Librarian was quicker posting

edgerly779
09-23-2013, 12:41 PM
More fud from newbies. Amazing how many people won't bother to read laws or posts.

stix213
09-23-2013, 12:55 PM
Can i carry my handgun in a backpack thats locked and unloaded and keep my loaded mags in the glove compartment!The backpack zippers are lock with a combo lock in the back of a scion Tc hatchback i have no trunk!:cool2:

Make sure your backpack can't be opened while locked. For example, with just the zippers locked together on most backpacks you can squeeze the top of the backpack together and slide both zippers down, allowing you to remove whatever you have inside without unlocking the backpack. If you lock to a 3rd point, like the carry handle on the top that most backpacks have, you'll usually be able to prevent that.

Tincon
09-23-2013, 1:10 PM
Is a backpack a "secure container"? Maybe. But I would feel much more comfortable with a locked hard case in the backpack. No need to test the limits of the law here.

Eddy's Shooting Sports
09-23-2013, 1:23 PM
Who said anything about "secure"? I don't recall the pc saying secure. Could be wrong...

Edit. My bad, it does define as "secure container", but then define "secure". I would think a backpack, if locked in a way that you can't slide the double zipper down, would be just as secure as a zippered soft gun case, which is pretty much a universally accepted form of "locked container".



Eddy's Shooting Sports
(650)969-GUNS

hardlyworking
09-23-2013, 1:26 PM
Make sure your backpack can't be opened while locked. For example, with just the zippers locked together on most backpacks you can squeeze the top of the backpack together and slide both zippers down, allowing you to remove whatever you have inside without unlocking the backpack. If you lock to a 3rd point, like the carry handle on the top that most backpacks have, you'll usually be able to prevent that.

Took me a while to visualize... Think of a tortilla, with zippers on the edge. So long as your tortilla is flat, no unzippy.

Fold your tortilla into a taco, and you can easily pull both-locked-zippers down.

No bueno!

stix213
09-23-2013, 1:27 PM
Who said anything about "secure"? I don't recall the pc saying secure. Could be wrong...


Eddy's Shooting Sports
(650)969-GUNS

The CA Penal Code is who said it

http://wiki.calgunsfoundation.org/Transporting#Locked_container


As used in Sections 17740, 23925, 25105, 25205, and 25610,
and in Article 3 (commencing with Section 25505) of Chapter 2
of Division 5 of Title 4, "locked container" means
a secure container
that is fully enclosed and
locked by a padlock, keylock, combination lock, or similar
locking device.

The term "locked container" does not include the utility or
glove compartment of a motor vehicle.

Tincon
09-23-2013, 1:27 PM
Who said anything about "secure"? I don't recall the pc saying secure. Could be wrong...


California Penal Code Section 16850
As used in Sections 17740, 23925, 25105, 25205, and 25610,
in Article 3 (commencing with Section 25505) of Chapter 2 of Division
5 of Title 4, in Chapter 6 (commencing with Section 26350) of
Division 5 of Title 4, and in Chapter 7 (commencing with Section
26400) of Division 5 of Title 4, "locked container" means a secure
container that is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.


FYI

Eddy's Shooting Sports
09-23-2013, 1:30 PM
See my edit above ^^^

Still doesn't define "secure" though

Safe to assume a zippered tortilla is NOT secure though. ;-)


Eddy's Shooting Sports
(650)969-GUNS

Tincon
09-23-2013, 1:34 PM
Still doesn't define "secure" though


Exactly. So a CA court would get to decide the word means, with the carrier as a criminal defendant. Not my idea of a good time. I'd chose something more secure than a locked zipper on a backpack which I could probably break open with my bare hands.

Eddy's Shooting Sports
09-23-2013, 1:42 PM
All but the strongest brass zippers can be pulled open with relative ease. I would think after all these years if fabric and zippers were insufficient,then DOJ would have issued a bulletin that says fabric and zippers are not enough. Think of how many guns have likely been seized over the years that have been in soft cases. If you want to get into semantics, how can a container be secure if it is readily transportable? Do we have to handcuff the case to our arm for it to be "secure"?

Just advocating a bit that guy in h.e.double hockey sticks.


Eddy's Shooting Sports
(650)969-GUNS

Tincon
09-23-2013, 1:57 PM
All but the strongest brass zippers can be pulled open with relative ease. I would think after all these years if fabric and zippers were insufficient,then DOJ would have issued a bulletin that says fabric and zippers are not enough. Think of how many guns have likely been seized over the years that have been in soft cases.


So your criminal defense is, the DOJ didn't issue a bulletin saying I couldn't?:eek: Oh, and I am aware of cases where people were charged even with locked hard cases...

If you want to get into semantics, how can a container be secure if it is readily transportable? Do we have to handcuff the case to our arm for it to be "secure"?


Semantics (or more technically canon of statutory interpretation) is exactly what this is, and will determine if there was a crime or not. A reasonable person might consider that something you can open quickly without tools is insecure.

johnny1290
09-24-2013, 12:19 PM
Some friendly advice. If you use a lockable hardcase, and keep unloaded mags in it, in the hatch with your range bag, you're less likely to get arrested.

Just because a lawyer can argue that you were legal doesn't mean you'll avoid arrest, just that you can likely get off of those charges.

That doesn't mean you won't spend the night in jail, or get your car impounded, or shell out a few grand for a lawyer.

Why do I bother. CA wants to ban all guns. Use your head. Go beyond the legal minimum and you'll better avoid jail.

Eddy's Shooting Sports
09-25-2013, 8:17 AM
Just for fun, how would you define "securely wrapped"?

As an FFL, I'm exempt of the locked container rule if the gun is securely wrapped. This presumably to allow me to take a gun I'm shipping to UPS or the PO....


Eddy's Shooting Sports
(650)969-GUNS