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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 09-07-2013, 12:59 PM
el chivo el chivo is offline
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Default Gun in locked case inside backpack

I was re-reading some of the Penal Code provisions, and ran across 23410 and 23490, "Camouflaging Firearm Container". I realize it's meant for briefcase guns and such, but could a backpack be construed as a "camouflaging Firearm Container?

I was checking the definition of "encased" in case I need to transport a gun to the shooting range either on a bicycle or on public transportation. I would like to put a handgun inside its locked case (made for a handgun to fit the definition of encased) but then put that inside a backpack to the range.

Does this also mean that putting 3-4 rifle cases inside a duffle bag for easier carrying violates the "Camouflaging Firearm Container" rule? Some have also talked about using guitar cases for this.
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Old 09-07-2013, 1:32 PM
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there is a statutory definition of Camouflaging Firearms Containter" that requires external controls so you can shoot the firearm while it is enclosed in the container.

this is what they are talking about with that law,




they aren't talking about you hiding the firearm in a discreet container.
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Old 09-08-2013, 8:35 AM
el chivo el chivo is offline
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ok, but I haven't been able to find any definition for "Camouflaging Firearm Container" and the recent definition of "encased" says it must be a container made for firearms,

Too bad we can't search in the Penal Code for keywords.
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Old 09-08-2013, 9:32 AM
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Quote:
Originally Posted by el chivo View Post
ok, but I haven't been able to find any definition for "Camouflaging Firearm Container" and the recent definition of "encased" says it must be a container made for firearms,

Too bad we can't search in the Penal Code for keywords.
A camouflaging firearm container means a container designed to enclose a firearm, making it unrecognizable, and is capable of being fired by external controls while enclosed in the container. The term excludes camouflage gear used in hunting. (Penal Code 12020(c)(9).)
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Old 09-08-2013, 10:49 AM
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Well there is no law that says you have to have a car to go from your house to a shooting range.

If all you have is a bike and want to ride to and from the gun range, I believe having your handguns unloaded inside a locked container in your backpack is good to go.
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Old 09-08-2013, 11:09 AM
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Quote:
Originally Posted by el chivo View Post
ok, but I haven't been able to find any definition for "Camouflaging Firearm Container" and the recent definition of "encased" says it must be a container made for firearms,

Too bad we can't search in the Penal Code for keywords.
heree is the current definition,

16320. (a) As used in this part, "camouflaging firearm container"
means a container that meets all of the following criteria:
(1) It is designed and intended to enclose a firearm.
(2) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(3) It is not readily recognizable as containing a firearm.
(b) "Camouflaging firearm container" does not include any
camouflaging covering used while engaged in lawful hunting or while
going to or returning from a lawful hunting expedition.
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Old 09-08-2013, 9:47 PM
el chivo el chivo is offline
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thank you kindly! BTW, sec 12020 is gone, replaced I suppose. I found it at 16320.

Too bad the exception for hunting doesn't also include range visits, but the part about being able to fire the gun with controls has to be in place for there to be a violation anyway.

Last edited by el chivo; 09-08-2013 at 9:56 PM..
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