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  #1  
Old 12-01-2018, 4:46 PM
Matir Matir is offline
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Default Hard shell case required for long gun?

Is there any circumstance under which a long gun is required to be in a hard shell case that a soft shell case would not work as well? I was told at the LGS that you needed to be in a locked hard shell case when driving through a GFSZ (gun-free school zone), and that a soft rifle bag would not count. I can't find this in either the federal or state statutes, but perhaps I'm missing something.
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  #2  
Old 12-01-2018, 5:11 PM
Califpatriot Califpatriot is offline
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"I was told at the LGS" likely means its wrong, as a general rule. Either the guy was just spouting nonsense or trying to sell you a more expensive hard-shell case.

PC 626.9(c) allows lawful transportation of a long gun through a GFSZ. And California does not regulate unloaded transportation of long guns generally. You can have an unloaded featureless AR-15 on your passenger seat right next to a 30 round (pre-ban) magazine no problem. Might not be the wisest idea though...

If you're flying with your rifle, it must be in a hard-sided case.
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  #3  
Old 12-01-2018, 5:17 PM
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Bigtwin Bigtwin is offline
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There is no such requirement for a hard lock case.
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  #4  
Old 12-01-2018, 5:48 PM
Matir Matir is offline
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Yet another reminder that nobody who works at an LGS is a lawyer. Thanks everyone.
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  #5  
Old 12-01-2018, 5:50 PM
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Quiet Quiet is offline
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Quote:
Originally Posted by Matir View Post
Is there any circumstance under which a long gun is required to be in a hard shell case that a soft shell case would not work as well? I was told at the LGS that you needed to be in a locked hard shell case when driving through a GFSZ (gun-free school zone), and that a soft rifle bag would not count. I can't find this in either the federal or state statutes, but perhaps I'm missing something.
Under Federal laws...

While traveling through a GFSZ, a non-exempt person is required to transport the unloaded firearm in a locked container or in a locked vehicle mounted firearm rack. [18 USC 922(q)(2)(B)(iii)]


Under CA laws...

While transporting a long gun in a vehicle, it only needs to be unloaded.
^CA loaded firearm in public laws prohibits having a loaded firearm in a vehicle in public places. [PC 25850(a)]
^CA unloaded open carry of long gun laws does not prohibit having an unloaded long gun in a vehicle. [PC 26400(a)]

While transporting a long gun outside of a vehicle, it needs to be unloaded and in a locked container or encased. In addition, it needs to be transported directly to and from locations where it is legal to possess a firearm. [PC 26405(c)]

"Encased" = fully enclosed container designed for firearms. [PC 16505]
"Locked container" = fully enclosed secure container that is locked. [PC 16850]




18 USC 922
(q)(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;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Penal Code 25850
(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
(b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.

Penal Code 26400
(a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.

Penal Code 26405
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

Penal Code 16505
For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is “encased” when that firearm is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of that firearm exposed.

Penal Code 16850
As used in this part, “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.
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  #6  
Old 12-03-2018, 8:57 AM
Murmur Murmur is offline
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Quote:
Originally Posted by Quiet View Post
Under Federal laws...

While traveling through a GFSZ, a non-exempt person is required to transport the unloaded firearm in a locked container or in a locked vehicle mounted firearm rack. [18 USC 922(q)(2)(B)(iii)]


Under CA laws...

While transporting a long gun in a vehicle, it only needs to be unloaded.
^CA loaded firearm in public laws prohibits having a loaded firearm in a vehicle in public places. [PC 25850(a)]
^CA unloaded open carry of long gun laws does not prohibit having an unloaded long gun in a vehicle. [PC 26400(a)]

While transporting a long gun outside of a vehicle, it needs to be unloaded and in a locked container or encased. In addition, it needs to be transported directly to and from locations where it is legal to possess a firearm. [PC 26405(c)]

"Encased" = fully enclosed container designed for firearms. [PC 16505]
"Locked container" = fully enclosed secure container that is locked. [PC 16850]




18 USC 922
(q)(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;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Penal Code 25850
(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
(b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.

Penal Code 26400
(a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.

Penal Code 26405
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

Penal Code 16505
For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is “encased” when that firearm is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of that firearm exposed.

Penal Code 16850
As used in this part, “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.
Great summary - thank you.
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