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  #1  
Old 11-21-2012, 11:25 AM
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Default Non Resident Transport Questions

Hello folks.

I have been doing some hauling for www.uship.com. I'm from back east and have a valid drivers license and license to carry. Basically I drive a Ford F550 and tow a 40' exotic car and motorcycle trailer.

Recently I rolled through California. I checked to make sure my home state's license to carry had reciprocity and it does not. Then I discovered I could be arrested and fined for having my guns and ammo in the truck.

I have looked at the laws and they seem confusing. I have read this site and I'm more confused. I'm looking for some real world clarification here.

I have an AR15 with 30 round mags. It is my understanding that I have to install a bullet button and replace the 30 round mags with 10 round mags to be CA compliant. Also, I understand have to keep the AR unloaded in a locked case separate from the loaded 10 rounds mags which need to be in a separate locked case.

I have a Colt 1911 with 9 round mags. It is my understanding that I have to keep it unloaded in a locked case separate from the loaded 9 round mags which need to be in a separate locked case. Or, the gun and mags can be in the same locked case as long as both are empty of rounds.

Can anybody confirm this for me?

Also, can I target practice and an outdoor range with these weapons without getting hassled or arrested?

Last edited by 427TriPowered; 11-21-2012 at 11:39 AM..
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  #2  
Old 11-21-2012, 11:57 AM
edgerly779 edgerly779 is offline
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. Handgun in locked case with loaded mags not in firearm ok. Long guns in case as long as not on ban list no colts, dpms , etc. 10 round mags only or blocked mags that only hold 10 rounds, If transitting within 1000 feet of school all firearms in locked case/ container federal gfsz law. ( gun free safety zone) lots of posts about this on here. Trunk of a vehicle locked constitutes a locked container. Never in center console or glove box of a vehicle with no trunk. suv. truck. etc.
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Old 11-21-2012, 12:17 PM
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Transport FAQ

Wow, I had not been there in a while - the open carry part really should be reviewed (by somebody better informed than myself).

Last edited by tba02; 11-21-2012 at 12:19 PM..
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Old 11-21-2012, 12:37 PM
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There are several nuances to transport as edgerly779 laid out pretty well.
As a simpleton;
I transport all my firearms unloaded and in a locked container*.
I transport magazines in a separate container or the same** container ensuring there is no way for a cartridge to be placed in a position where it can be fired.
I ensure I don't have any magazines*** that can hold greater than 10 rounds.

As long as I stick to this all other variables are removed.

The additional caveats that do not apply to me (since I live here and would have a hard time getting access to these items)
No banned lowers/rifles as listed by name.
No threaded barrels that trigger AW (pistol/rifle)
No Taurus Judge/SBS/SBR
No complete magazine greater than 10 rounds.

* A "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.

**Loaded magazines in the same container are legal as long as a cartridge is not in a position to be fired.

*** Magazine parts/repair kits are legal (disassembled 30 rd for example).

Somebody correct me if I missed something.
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  #5  
Old 11-21-2012, 4:27 PM
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Thanks folks. I have been all over calgunsfoundation.org. Sometimes I cant believe what I'm reading.

I have a small steel gun safe with a combination lock laying on its side and bolted to the floor in the back seat floor behind the front seats that's approx. 12" x 12" x 55".

So, you folks are saying I will not get cited or arrested with the AR and the 1911 in the safe as long as they are not loaded and are CA compliant plus i can have the AR and the 1911 mags loaded in the same safe as long as they are CA compliant and not inserted into the guns.

Now what about target shooting at outdoor ranges in CA for non residents. Any issues as long as the guns are CA compliant.

Last edited by 427TriPowered; 11-21-2012 at 4:33 PM..
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  #6  
Old 11-22-2012, 12:05 AM
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Quote:
Somebody correct me if I missed something.
This looks good to me. As I understand our complex laws, "high capacity" magazines generally are allowed to be possessed by civilians in California but only if owned in the state before 2000. If you enter the state with anything over 10 rounds, even if you owned it before 2000, you didn't have it in the state before then so you would be importing it into the state. You may disassemble the magazines before entering the state and you would not be cited for constructive possession.

Quote:
No threaded barrels that trigger AW (pistol/rifle)
Threaded barrels are OK in single shot pistols. Probably not worth your trouble and better to leave elsewhere since some may claim constructive possession. But you can possess threaded rifle barrels, but best that they are over 16 inches or you may be cited for constructive possession of a SBR.

Quote:
So, you folks are saying I will not get cited or arrested with the AR and the 1911 in the safe as long as they are not loaded and are CA compliant plus i can have the AR and the 1911 mags loaded in the same safe as long as they are CA compliant and not inserted into the guns.
The law is different for handguns and long guns. You must transport your handguns in a locked container but it can be anywhere in the car. The glove box does not count as a locked container but the trunk does. A handgun will be considered loaded with any ammunition or even an empty magazine inserted. As for the AR, they can be anywhere in the vehicle if they are unloaded. Of course, it's not recommended that you have them lying on the front seat, but it is legal. And the magazine law is different for rifles. They can be attached to the rifle as long as you don't actually have one in the chamber.

No problem going to the range as non-resident.

Now, here's the big exception for travelers: The Firearm Owners' Protection Act ("FOPA") which includes the "Safe Passage Provision" which applies to any person not prohibited under federal law from possessing firearms. Persons who travel from one place to another for any lawful activity cannot be arrested for a firearm offense in a state that has strict gun control laws if the traveler is just passing through, with only short stops for food and gas, and the firearms and ammunition are not immediately accessible, unloaded, and, in the case of a vehicle without a compartment separate from the driver's compartment, in a locked container. (18 U.S.C. 926A)
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Old 11-22-2012, 12:46 AM
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Quote:
Originally Posted by tba02 View Post
Transport FAQ

Wow, I had not been there in a while - the open carry part really should be reviewed (by somebody better informed than myself).
Something more needed than "Open transport has been severely restricted, to the point of effectively banning the practice, as of Jan 1, 2012."?
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Old 11-22-2012, 12:52 AM
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Quote:
Originally Posted by Toby's Tactical View Post
The law is different for handguns and long guns.

You must transport your handguns in a locked container but it can be anywhere in the car. The glove box does not count as a locked container but the trunk does. A handgun will be considered loaded with any ammunition or even an empty magazine inserted.

As for the AR, they can be anywhere in the vehicle if they are unloaded. Of course, it's not recommended that you have them lying on the front seat, but it is legal. And the magazine law is different for rifles. They can be attached to the rifle as long as you don't actually have one in the chamber.
A couple places where you're off.

As far as 'loaded in public', the law is the same for all guns.

An empty magazine in a semi-auto handgun, no round in the chamber, is NOT loaded.

That's also true for long guns. What might be influencing you is Fish and Game Code's definition of 'loaded' that allows rounds in the magazine so long as no round in the chamber. But F&G doesn't apply to Penal Code.

See also the wiki -- http://wiki.calgunsfoundation.org/De..._in_California
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  #9  
Old 11-23-2012, 11:41 AM
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You folks have been very helpful. I'm going to keep them in a locked box with loaded mags and clips separate and not inserted.

Now how about this. Remember I'm a non resident traveling through state making fuel and food stops with a few business stops too. I have pants that have zippered cargo pockets on each leg. I have a cargo pocket holster for my compact 1911 which I normally carry loaded, cocked and locked at home. I know I cant do that in Cali. But, away from my vehicle, am I within the law to carry my 1911 no chambered round and no mag in my right pocket and carry a full mag in my left pocket on my person at the same time?

Last edited by 427TriPowered; 11-23-2012 at 11:44 AM..
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  #10  
Old 11-23-2012, 11:54 AM
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Quote:
Originally Posted by 427TriPowered View Post
Now how about this. Remember I'm a non resident traveling through state making fuel and food stops with a few business stops too. I have pants that have zippered cargo pockets on each leg. I have a cargo pocket holster for my compact 1911 which I normally carry loaded, cocked and locked at home. I know I cant do that in Cali. But, away from my vehicle, am I within the law to carry my 1911 no chambered round and no mag in my right pocket and carry a full mag in my left pocket on my person at the same time?
It would be legal if the unloaded handgun is also in a locked container.
Doesn't matter if it's loaded or unloaded, it's still a violation of CA's conceal carry laws.
The handgun being loaded or unloaded is a seperate charge.
Being unloaded and in a locked container is an exemption to CA's conceal carry laws.

LUCC = Locked Unloaded Conceal Carry
LUCC is a term that was created to describe carrying around an unloaded handgun in a locked container.
This is legal to do in CA.
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Last edited by Quiet; 11-23-2012 at 12:19 PM..
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  #11  
Old 11-26-2012, 5:58 PM
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Quote:
Originally Posted by Librarian View Post
Something more needed than "Open transport has been severely restricted, to the point of effectively banning the practice, as of Jan 1, 2012."?
Only that you need to get past the prior ..
"Transporting a handgun
One may transport a handgun either openly or concealed."

Given that *many* only read to the point where they get what they want to hear, you have to *hope* they continue reading.

When I first read it I said to myself, that is odd. And yes, I kept reading and understood further. I worry that others may stop short.
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Old 11-26-2012, 8:29 PM
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Quote:
Originally Posted by tba02 View Post
Only that you need to get past the prior ..
"Transporting a handgun
One may transport a handgun either openly or concealed."

Given that *many* only read to the point where they get what they want to hear, you have to *hope* they continue reading.

When I first read it I said to myself, that is odd. And yes, I kept reading and understood further. I worry that others may stop short.
Point.

It now reads
Quote:
One may transport a handgun concealed, or, in very limited circumstances, openly - see below.

...

At one time, open transport was legal in limited circumstances. Beginning Jan 1, 2012, open transport has been severely restricted, to the point of effectively banning the practice. This is the result ...
Thanks.
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Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

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Last edited by Librarian; 11-26-2012 at 8:31 PM..
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