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View Full Version : Transporting in a car w/out a regular trunk..


fat felixxx
04-23-2008, 4:32 PM
I know that the law requires the firearm to be in a "locked case" and that a regular car trunk qualifies as that locked case. But what if you drive a wagon or a hatch back or a SUV? There's a trunk area, but it's not totally closed off from the rest of the car... will I have to have a trigger lock or a lockable gun case?

fun2none
04-23-2008, 4:37 PM
Get yourself a hard brief case or attache case with a combo lock. I found one at Goodwill for $5. Nobody will give you a second look.

MudCamper
04-23-2008, 4:48 PM
A wagon or hatchback do not have a trunk. So you'll need a "secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device" to comply with 12026.1.

Liberty1
04-23-2008, 4:55 PM
Or...http://opencarry.mywowbb.com/forum12/ :)

mymonkeyman
04-23-2008, 4:58 PM
Complying with 12026.1 is only required of handguns (and SBS/SBR/AOW). However, it is a good idea to have a locked container to comply with the ambiguous state Gun-Free School zone act and the unambiguous Federal Gun-Free School zone act which requires any firearm to be in a locked trunk, locked container or locked gun rack (gun rack not the best option because might not comply with the state gun-free school zone act under some interpretations of it). A trigger lock is not enough under either. School zone is 1000 yards from any school (although you can get off if they can't show you should have known it was a school zone).

So, in sum, get a locked container for your gun.

Casual Observer
04-23-2008, 5:44 PM
Get a Pelican case. They're awesome :)

As noted above, the locked case is only required for long guns within 1000 yards of a school.

pnkssbtz
04-23-2008, 5:53 PM
I personally use a cheap beat up attache case. Because a pistol case or pelican case says "Something important is in here requiring this extremely durable case to protect. Please steal me." a tad more than than just a briefcase.

Also, I can walk around with a briefcase to and from work and no one bats and eye. I get tons of "what is that?" when I bring a pelican case or my range bag/pistol case.

Liberty1
04-23-2008, 7:08 PM
within 1000 yards of a school.

Things are bad enough without spreading FUD or giving Brady ideas! :D Try 333 + (1 foot) yards. :p

Liberty1
04-23-2008, 7:10 PM
School zone is 1000 yards from any school .

You too?:cool2:

mymonkeyman
04-23-2008, 7:16 PM
You too?:cool2:

You got me. I forgot to carry the rod and cancel the hoghead. It's feet. Still, 1000 feet is a pretty sizeable distance with how many schools there are out there.

Casual Observer
04-23-2008, 7:20 PM
Things are bad enough without spreading FUD or giving Brady ideas! :D Try 333 + (1 foot) yards. :p

*****.

I feel like such a tool right now. :(

RossRinSD
04-23-2008, 7:41 PM
I don't want to take the topic off track, but I have several locking toolboxes on my truck. I used to have a rifle stuffed into one, for SHTF, or the off chance I got a job call out near Orosco...

I have a college and a high school that I occasionally service. I removed the firearm because a)I might forget itz in there, and b)get an emergency call and have to provide unscheduled service.

So, is keeping a firearm IN a locked case in a gun free zone legal??? :confused:

MudCamper
04-23-2008, 8:09 PM
So, is keeping a firearm IN a locked case in a gun free zone legal??? :confused:

Yes.

Liberty1
04-23-2008, 8:20 PM
Ca State Law

http://law.justia.com/california/codes/pen/626-626.11.html

NOTE: a locked container is only an exemption to 626.9(b) and not 626.9 (i) which requires someone not listed in 626.9 (l) to get permission from the president of the universtity or college.

626.9. (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).

(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.
...

(e) As used in this section, the following definitions shall
apply:
(1) "School zone" means an area in, or on the grounds of, a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,000 feet from the
grounds of the public or private school.
(2) "Firearm" has the same meaning as that term is given in
Section 12001.
(3) "Locked container" has the same meaning as that term is given
in subdivision (c) of Section 12026.1.
(4) "Concealed firearm" has the same meaning as that term is given
in Sections 12025 and 12026.1.

...

(h) Notwithstanding Section 12026, any person who brings or
possesses a loaded 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
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(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. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when
it is capped or primed and has a powder charge and ball or shot in
the barrel or cylinder....

(l) This section does not apply to a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making arrests or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged
in the performance of his or her duties, as defined in subdivision
(e) of Section 7521 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Section 12031.
(n) This section does not apply to an existing shooting range at
a public or private school or university or college campus.
(o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
subdivision (a) or (i) of Section 12027 or paragraph (1) or (8) of
subdivision (b) of Section 12031.




Fed law

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act

Sec. 657. Section 922(q) of title 18, United States Code, is
amended to read as follows:

"(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.

"(B) Subparagraph (A) does not apply to the possession of a
firearm--

"(i) on private property not part of school grounds;

"(ii) if the individual possessing the firearm is licensed to
do so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified under
law to receive the license;

"(iii) that is--

"(I) not loaded; and

"(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;

Vin496
04-23-2008, 8:31 PM
You got me. I forgot to carry the rod and cancel the hoghead. It's feet. Still, 1000 feet is a pretty sizeable distance with how many schools there are out there.

I was thinking about this.

I don't think I could leave my home area without being 1000 feet from a school zone.

I would be stuck in my neighborhood, unless I can jump over the neighbors fences.

nobody_special
04-23-2008, 10:00 PM
(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.

Hm, this doesn't apply to long guns...

This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.

...and this doesn't seem to be adequate legal protection for someone with long guns in the back of a car (locked case or no). :TFH:

pullnshoot25
04-23-2008, 11:04 PM
Complying with 12026.1 is only required of handguns (and SBS/SBR/AOW). However, it is a good idea to have a locked container to comply with the ambiguous state Gun-Free School zone act and the unambiguous Federal Gun-Free School zone act which requires any firearm to be in a locked trunk, locked container or locked gun rack (gun rack not the best option because might not comply with the state gun-free school zone act under some interpretations of it). A trigger lock is not enough under either. School zone is 1000 yards from any school (although you can get off if they can't show you should have known it was a school zone).

So, in sum, get a locked container for your gun.

1000'