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Transporting handgun...what does this mean?

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  • MightyMax
    Junior Member
    • May 2020
    • 7

    Transporting handgun...what does this mean?

  • #2
    Bill Carson
    Veteran Member
    • Nov 2009
    • 3574

    HANDGUNS Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle’s trunk or in a locked container. Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container.

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    • #3
      Snoopy47
      Veteran Member
      • Aug 2010
      • 3881

      The trunk is considered a locking box

      The firearm has to be unloaded, without a loaded magazine in the gun and locked in an obvious gun type box/bag if not in the trunk.

      The ammo does NOT need to be stored in a different box than the gun, but it's a good idea.

      In exaggeration, you could have an uncased unloaded gun bouncing around your trunk with loose ammo in there with it.
      Before there was Polymer there was Accuracy.

      Comment

      • #4
        MightyMax
        Junior Member
        • May 2020
        • 7

        Thanks all! I appreciate the help.

        Comment

        • #5
          Vinnie Boombatz
          Veteran Member
          • Feb 2020
          • 3036

          Originally posted by Snoopy47
          The trunk is considered a locking box

          The firearm has to be unloaded, without a loaded magazine in the gun and locked in an obvious gun type box/bag if not in the trunk.

          The ammo does NOT need to be stored in a different box than the gun, but it's a good idea.

          In exaggeration, you could have an uncased unloaded gun bouncing around your trunk with loose ammo in there with it.
          I thought the trunk is no longer considered a "locking box"? I thought this was no longer considered adequate because some vehicles like hatchbacks don't have a dedicated, fully sealed compartment, or some vehicles have a "pass-thru" section where you can access the locked trunk from the backseats. Super easy fix either way is to just get a cheap lockable sleeve and a small padlock like a TSA combination lock.
          Last edited by Vinnie Boombatz; 05-08-2020, 11:02 AM.
          sigpic

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          • #6
            Quiet
            retired Goon
            • Mar 2007
            • 30241

            1.
            Yes, but only if she has a valid FSC or exemption to the FSC and the handgun is registered to you. [PC 27880]

            2.
            When outside of a vehicle, the handgun must be unloaded & in a locked container and her course of travel must be directly to & from authorized locations. [PC 25505]
            Authorized locations would be residence, vehicle, range, etc.
            examples:
            residence -> vehicle [PC 25610(a)(2)]
            vehicle -> range [PC 25540]
            range -> vehicle [PC 25540]
            vehicle -> residence [PC 25610(a)(2)]

            When inside of a vehicle, the handgun must be unloaded and in a locked container or in the vehicle's trunk. [PC 25610(a)(1)]

            If the handgun is left inside of a vehicle with no one in the vehicle, then the handgun must be in a locked container that is hidden from plain view or in a locked container attached to the interior of the vehicle that is hidden from plain view or in the vehicle's trunk or in the vehicle's tool/utility box. [PC 25140(a)]
            sigpic

            "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30241

              Originally posted by Vinnie Boombatz
              I thought the trunk is no longer considered a "locking box"? Super easy fix either way is to just get a cheap lockable sleeve and a small padlock.
              Penal Code 25140
              (d)(1) As used in this section, the following definitions shall apply:
              (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.
              (B) “Locked toolbox or utility box” means a fully enclosed container that is permanently affixed to the bed of a pickup truck or vehicle that does not contain a trunk, and is locked by a padlock, keylock, combination lock, or other similar locking device.
              (D) “Trunk” means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck.
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

              • #8
                Vinnie Boombatz
                Veteran Member
                • Feb 2020
                • 3036

                Originally posted by Quiet
                Penal Code 25140 A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck.
                Thanks!
                sigpic

                Comment

                • #9
                  L-2
                  Senior Member
                  • Jan 2007
                  • 1331

                  Quiet has answered very well/concisely/accurately and with references.

                  I already copied this Penal Code excerpt and will post it here even though it was referenced earlier:
                  Penal Code

                  "25610.
                  (a) Section 25400 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:

                  (1) The firearm is within a motor vehicle and it is locked in the vehicle’s trunk or in a locked container in the vehicle.

                  (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.

                  (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with the provisions listed in Section 16580."


                  The OP quoted something regarding transportation of handguns but the quote seems incorrect and ill-written. Finding the correct California law/code section is very difficult. However, when in doubt, it's best to research the actual written law. Going to Calguns.net can help, but it can be difficult to get through others' opinions.

                  I see the OP has recently acquired/bought a G19, possibly a G19Gen3. The OP will now have many questions regarding handgun-ownership, judging by the OP's threads recently posted. With no ranges and probably no personal friends who might have answers for the OP, Calguns.net is the next best thing.

                  I'll add to the "spouse" question. We don't know anything about the OP's spouse. Besides the Firearms Safety Certificate and transporting legally, the spouse must also be legal or, otherwise, not-a-prohibited-person. I'm in favor of the spouse getting her own handgun, which might solve or alleviate the OP's concerns of the spouse borrowing/transporting the subject G19.
                  (former) Glock and 1911 Armorer; LEO (now retired)

                  Comment

                  • #10
                    MightyMax
                    Junior Member
                    • May 2020
                    • 7

                    Perfect. Thank you so much for taking the time to spell it out for me!


                    Originally posted by Quiet
                    1.
                    Yes, but only if she has a valid FSC or exemption to the FSC and the handgun is registered to you. [PC 27880]

                    2.
                    When outside of a vehicle, the handgun must be unloaded & in a locked container and her course of travel must be directly to & from authorized locations. [PC 25505]
                    Authorized locations would be residence, vehicle, range, etc.
                    examples:
                    residence -> vehicle [PC 25610(a)(2)]
                    vehicle -> range [PC 25540]
                    range -> vehicle [PC 25540]
                    vehicle -> residence [PC 25610(a)(2)]

                    When inside of a vehicle, the handgun must be unloaded and in a locked container or in the vehicle's trunk. [PC 25610(a)(1)]

                    If the handgun is left inside of a vehicle with no one in the vehicle, then the handgun must be in a locked container that is hidden from plain view or in a locked container attached to the interior of the vehicle that is hidden from plain view or in the vehicle's trunk or in the vehicle's tool/utility box. [PC 25140(a)]

                    Comment

                    • #11
                      divingin
                      Veteran Member
                      • Jul 2015
                      • 2522

                      Originally posted by Vinnie Boombatz
                      I thought the trunk is no longer considered a "locking box"? I thought this was no longer considered adequate because some vehicles like hatchbacks don't have a dedicated, fully sealed compartment, or some vehicles have a "pass-thru" section where you can access the locked trunk from the backseats.
                      Hatchbacks (and a lot of others: SUV's, minivans, etc) don't have trunks, so you can't lock a firearm in the trunk.

                      No comment on the pass thru.

                      Comment

                      • #12
                        Bolt_Action
                        Senior Member
                        • Dec 2012
                        • 718

                        A "locked container" is defined as being a "secure container." What's a "secure" container? Is a soft case with a padlock a "secure container" for the purposes of this law? Is there any requirement that a hard sided case be used to satisfy the "secure" requirement?

                        Also, what's the purpose of relying on the vehicle's trunk as a locked container when transporting a firearm? If I lock a gun in my trunk, I still can't remove it from the trunk in the parking lot of the shooting range without first securing the gun in a locked case, right? If you store your handgun in the OEM (unlocked) case, you can't legally carry that case from the trunk of your car to the front door of the range.

                        Comment

                        • #13
                          bergmen
                          Senior Member
                          • May 2011
                          • 2488

                          Originally posted by Quiet
                          1.
                          Yes, but only if she has a valid FSC or exemption to the FSC and the handgun is registered to you. [PC 27880]
                          I thought an FSC is only required to purchase a firearm from an FFL but not necessary for firearm possession. I can't find clarification on the CAL DOJ site on this.

                          Dan

                          Comment

                          • #14
                            redhemi
                            Veteran Member
                            • Nov 2009
                            • 2898

                            Would a locking Tonneau cover on a truck bed be considered a trunk?

                            Comment

                            • #15
                              bergmen
                              Senior Member
                              • May 2011
                              • 2488

                              Originally posted by bergmen
                              I thought an FSC is only required to purchase a firearm from an FFL but not necessary for firearm possession. I can't find clarification on the CAL DOJ site on this.

                              Dan
                              Okay, I found some answers on the FSC FAQ at the oag.ca.gov site:

                              14. Do I have to carry my Firearm Safety Certificate with me whenever I possess or transport my firearm?

                              No. Mere possession/ownership of a firearm does not require an FSC. However, you do have to present your FSC to the firearms dealer at the time you begin a transaction to purchase/acquire a firearm.

                              15. Is a Firearm Safety Certificate required when a firearm is being loaned?

                              It depends on the specific circumstances. Generally, a person being loaned a firearm must have a current FSC. However, an FSC is not required if the loan does not exceed three days in duration and the person loaning the firearm is at all times within the presence of the person being loaned the firearm.

                              So, an FSC requirement is conditional as stated above.

                              Dan

                              Comment

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