Transporting Pistol Question

[jimw]

Good afternoon Calguns!

Kind of a stupidly simple question, so apologies up front...

I'm asking because I have heard conflicting opinions/interpretations and don't want to do the wrong thing and get on the wrong side of the law and CG has some of the best information to be found.

I tried the DOJ for the state, while the transporting of the actual firearm (pistol in this case) is fully explained the transporting of the ammunition was not.

Unloaded, for which I am assuming, magazine full but not in the pistol.

Question, can that full magazine be in the same locked container? And can a box of ammunition be in the same locked container or does the ammo/magazine need to be in a separate locked or unlocked container?

Does it make any difference inside the locked case if the pistol has a cable lock threaded through the mag bay or barrel if the ammo can't be in the same locked container?

To date I have always seen the unloaded pistol, full magazine and/or ammo in the same locked container...

Thanks all!

[edgerly779]

ammo in same container fine. Just cannot be loaded or mag in handgun.

[RickD427]

ammo in same container fine. Just cannot be loaded or mag in handgun.

Keep in mind that California has two very different definitions of when a firearm is "Loaded."

The above statement is quite true in places and circumstances where the general definition applies. Please refer to Penal Code section 16840 and to People v Clark. There is no requirement for the ammunition to be kept in a separate container. The Clark case involved a defendant who had shotgun rounds placed in a buttstock sleeve. The court held that the shotgun was unloaded because there was no way that those rounds could be fired through the normal manipulation of the shotgun.

But if you're in a place, or circumstance, where the special definition of "Loaded" applies, then the weapon is loaded if there is any ammunition in the possession of the person with the firearm. Even having it in a separate container will not prevent the firearm from being deemed as "Loaded."

[sonofeugene]

Perfectly legal to have ammo in the same container as the gun. It can be boxed, loose, or in mags. Just no cambered round in the gun and no magazine in the gun that has any ammo in it.

Your carrying case can be about anything that's lockable, including soft canvass cases. I lock my case with a TSA lock.

[Librarian]

Does it make any difference inside the locked case if the pistol has a cable lock threaded through the mag bay or barrel if the ammo can't be in the same locked container?

To date I have always seen the unloaded pistol, full magazine and/or ammo in the same locked container...

Thanks all!

No legal significance of the cable lock for transport - that requires the 'locked container'.

See also the wiki, http://wiki.calgunsfoundation.org/in...e=Transporting

Note that this section - Some regulated/prohibited destinations in CA and Federal law - is out of date re:schools, but I no longer have write access to the wiki to update it.

[jimw]

Thanks for the replies!!

I kept doing more "research" after I posted this. I pretty much came up with the same information but it's always nice to get backup from a trusted source.

The other part of this that seemed potentially unclear (to me lol) was the part about moving the firearm from place to place. It sounds like leaving it in your car while you are at work is a big no-no (this would apparently fall under using it for self defense)? I wonder if the same would apply if you stopped somewhere on the way back from the range/gunsmith/etc...?

Thanks agin for your responses, I know this has probably been discussed to the point of being obnoxious so apologies for that.

[jimw]

I'll hit the wiki before asking more questions... Exactly what I was looking for.

[naz]

My retired LEO friends suggest different bag for ammo and feeding devices than the gun

Also, i would not leave your gun in your car trunk. Too much smash and grab theft in CA. Maybe you if had a safe built in and bolted to the frame of your car?

And check any specific rules your work has about guns. The parking lot is still company properly

[heidad01]

Keep in mind that California has two very different definitions of when a firearm is "Loaded."

The above statement is quite true in places and circumstances where the general definition applies. Please refer to Penal Code section 16840 and to People v Clark. There is no requirement for the ammunition to be kept in a separate container. The Clark case involved a defendant who had shotgun rounds placed in a buttstock sleeve. The court held that the shotgun was unloaded because there was no way that those rounds could be fired through the normal manipulation of the shotgun.

But if you're in a place, or circumstance, where the special definition of "Loaded" applies, then the weapon is loaded if there is any ammunition in the possession of the person with the firearm. Even having it in a separate container will not prevent the firearm from being deemed as "Loaded."

Would you give examples of places or circumstances where special definition of "loaded" applies?

[RickD427]

[/B]

Would you give examples of places or circumstances where special definition of "loaded" applies?

The special definition applies to the following places:

1) Specified Government Buildings and Offices - Refer to Penal Code sections 171c and 171e

2) Portions of the City of Sacramento - Refer to Penal Code sections 171c and 171e

3) Residences of specified government officials - Refer to Penal Code sections 171d and 171e

4) Gun Shows - Refer to Penal Code section 27330

The special definition also applies to the following circumstance:

1) Where the firearm is carried with the intent to commit any felony - Refer to Penal Code sections 25800 and 16840(a). Although this section would appear to only apply to criminal folks, I have seen applied where a person who would otherwise be lawfully transporting the firearm was involved in an DUI injury traffic accident.

[Dribear]

The ammo storage is a grey area. Best to have it in a separate container. But, as long as your gun is not loaded or a mag is not inserted, you're good.

[OCEquestrian]

Good afternoon Calguns!

Kind of a stupidly simple question, so apologies up front...

I'm asking because I have heard conflicting opinions/interpretations and don't want to do the wrong thing and get on the wrong side of the law and CG has some of the best information to be found.

I tried the DOJ for the state, while the transporting of the actual firearm (pistol in this case) is fully explained the transporting of the ammunition was not.

Unloaded, for which I am assuming, magazine full but not in the pistol.

Question, can that full magazine be in the same locked container? And can a box of ammunition be in the same locked container or does the ammo/magazine need to be in a separate locked or unlocked container?

Does it make any difference inside the locked case if the pistol has a cable lock threaded through the mag bay or barrel if the ammo can't be in the same locked container?

To date I have always seen the unloaded pistol, full magazine and/or ammo in the same locked container...

Thanks all!

[gabe123]

Ammunition and gun locked together is fine as long as ammunition is outside the gun. Many people insert an empty magazine into the gun to complete it, just in case. I respect LEO, but if one were to mess with you, he could testify that a loaded mag was in the gun, and he ejected to safety check. Your words against his.

[OCEquestrian]

Ammunition and gun locked together is fine as long as ammunition is outside the gun. Many people insert an empty magazine into the gun to complete it, just in case. I respect LEO, but if one were to mess with you, he could testify that a loaded mag was in the gun, and he ejected to safety check. Your words against his.

It is always your word against his/hers.

[lastinline]

It is always your word against his/hers.