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Transporting my new revolver sans CCW

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  • moo
    Junior Member
    • Sep 2007
    • 25

    Transporting my new revolver sans CCW

    Howdy,

    I'm getting a Ruger GP100 4" stainless revolver very soon (after they cool me down )

    (I was the ignorant fool who tried to buy a Security Six from a guy in AZ last week; I'm in CA)

    How do I legally get the revolver out of the gun shop and into the trunk of my car? I don't have a CCW permit and I usually have to park a couple blocks away from the shop. Do I open carry it to my car? Or maybe have the gun shop disassemble it, and take a piece a day home until I have it all? The gun is new and comes in a plastic case. I think it would be illegal for me to accept it in the case if the clerk were to hand it to me like that. Technically, I could be cited for misdemeanor concealed carry without a permit, I would think. Could the gun shop mail it to me?

    Also, I'm looking for a lockbox for the gun. I've got a DOJ approved trigger guard for it, but want a locking box for when I want to transport it via my motorcycle (in a saddlebag). I'd use it in my car trunk and truck toolbox, too. The DOJ has approved some lockboxes/safes, but so far, they are too bulky for motorcycle transport. Would it be okay to transport the revolver in a non-DOJ lockbox, but with a DOJ-approved trigger guard? I could custom weld my own box and put a padlock on it.

    Perhaps I need to consult the DOJ directly, or in consultation with an attorney?

    What a pain. But when I think of all the lives and limbs it will spare, it hardly bothers me at all

    Thanks for any suggestions,

    Moo
  • #2
    moulton
    Veteran Member
    • Feb 2006
    • 2788

    my gp-100 came with a plastic hard case and I bought a cheap luggage lock to lock it up
    Originally posted by Soldier415
    If you come to my house at 8am to give me pamphlets, I will poop on your shoes.
    Originally posted by ar15barrels
    Not everyone is so smart.
    We need people who work at McDonalds too you know...

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    • #3
      moo
      Junior Member
      • Sep 2007
      • 25

      The law seems sorta vague leaving us without a safe harbor in many situations.

      Interesting reading (for me, at least) on handgun transportation in CA:

      A recognized Authority for 30 yrs. Exclusively weapon related legal issues. Firearms, Weapons, Explosives. DOJ, ATF & local matters.


      I should just get my CCW permit--it's relatively easy in my county.

      Comment

      • #4
        DRM6000
        CGN Contributor
        • Jan 2006
        • 5807

        put it in a backpack or duffle bag or something and put a lock on it. the law only says you need to transport it in a locked container. a locked backpack or whatever satisfies the law.

        and besides, it would not identify you as a target for robbery or get stopped by a leo. i would not want to carry a gun case and walk two blocks.

        Comment

        • #5
          MedSpec65
          Senior Member
          • Mar 2007
          • 634

          If the case it comes in won't accomodate a lock, bring a lockable pistol case with you, lock it in there unloaded, walk to your car, lock it in the trunk and drive it home. You have broken no laws.
          "We're surrounded. That simplifies our problem. We can now fire in any direction and strike the enemy." ....Colonel Lewis Burwell "Chesty" Puller, Commanding the 1st Marine Regiment at The Battle of The Chosin Reservoir, Korea 1950

          Comment

          • #6
            surprised
            Junior Member
            • Aug 2006
            • 56

            Since it is new, there should be a locking device inside the box. The manufacturer-supplied locks often do not fit well.

            I believe the Ruger cases have one locking hole, and is small. So bring a padlock with a not-too-thick shackle (the "U" shape) and lock the box at the FFL before you leave.

            Comment

            • #7
              moo
              Junior Member
              • Sep 2007
              • 25

              California Penal Code 12025

              12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:

              (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

              (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

              (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

              Comment

              • #8
                moo
                Junior Member
                • Sep 2007
                • 25

                capable of being concealed upon the person

                Per CA Penal Code 12025, "capable of being concealed upon the person" appears to be California's definition of "concealed", with respect to concealed weapons. That seems vague. Maybe there are other parts of the code that clarify this?

                But, right now, there appears, to me, to be no legally safe way to take possession of my new revolver.

                If I put it in a locked case or backpack, it is still "capable of being concealed upon" ME. In fact, it could be argued that it *is* being concealed upon me. And the law doesn't reference anything about it being loaded or unloaded, locked or unlocked, here.

                I will look into open carry to get it to my trunk. Short of getting a CCW permit, that seems to be my best bet, as far as I can tell.

                Or maybe I could call our sheriff and tell him that I am planning to take the gun from the gun shop and put it into the trunk of my car? Perhaps they could transport the weapon to my trunk for me? That would seem to be the safest arrangement, if the sheriff would agree to it.

                Moo

                Comment

                • #9
                  camillus522
                  Junior Member
                  • Jul 2007
                  • 32

                  Originally posted by moo
                  12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:

                  (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

                  (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

                  (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
                  Reading further into the PC, it states that when carrying unloaded pistol in a locked container to/from a vehicle one is NOT carrying concealed. So lock the box or any other container and walk to your car and drive home. The laws are tight but not that bad.
                  Last edited by camillus522; 09-29-2007, 10:20 PM. Reason: spelling

                  Comment

                  • #10
                    moo
                    Junior Member
                    • Sep 2007
                    • 25

                    I thought about asking the Attorney General about this but when I went to the contact page (http://ag.ca.gov/contact/index.php) I found this:

                    "Keep in mind that the Attorney General cannot provide you with legal advice. If you are seeking answers to legal questions or needing someone to take your case to court, you will need to find a private attorney."

                    So the AG won't give me free legal advice. Not sure I can afford an attorney right now; I just shelled out $450 for the gun (not including the transfer fees which are really high here) and bought a ton of reloading supplies (Accurate Arms #5 and #9 powder, Winchester 158 JHPs, primers, etc.). It would be cheaper to just smuggle the damn gun the two blocks to my car. Maybe I could get the gun shop clerk to do it for me.

                    The chances that I or the clerk would be caught seems pretty minimal. And I'd hate to bother the sheriff about this, though they don't have a lot to do around here (we are pretty much crime free except for the ubiquitous meth-addicts).

                    Moo

                    Comment

                    • #11
                      ccwguy
                      Member
                      • Jun 2007
                      • 310

                      Originally posted by moo
                      Per CA Penal Code 12025, "capable of being concealed upon the person" appears to be California's definition of "concealed", with respect to concealed weapons. That seems vague. Maybe there are other parts of the code that clarify this?

                      But, right now, there appears, to me, to be no legally safe way to take possession of my new revolver.

                      If I put it in a locked case or backpack, it is still "capable of being concealed upon" ME. In fact, it could be argued that it *is* being concealed upon me. And the law doesn't reference anything about it being loaded or unloaded, locked or unlocked, here.

                      I will look into open carry to get it to my trunk. Short of getting a CCW permit, that seems to be my best bet, as far as I can tell.

                      Or maybe I could call our sheriff and tell him that I am planning to take the gun from the gun shop and put it into the trunk of my car? Perhaps they could transport the weapon to my trunk for me? That would seem to be the safest arrangement, if the sheriff would agree to it.

                      Moo

                      Reading the entire code is important, the 'exceptions' to 12050 state very simply that locked in a container is just fine, or a lock through the action/ cylinder. No big deal. The 'search' feature will help you. This is asked almost weekly so some folks are not inclined to rehash the same old, same old real quick like. A CCW has little to do with transporting an unloaded pistol, especially when the new firearm is not listed on a permit. Do not get the sheriff involved, they are not all versed in this and best be left to themselves.
                      sigpic
                      NRA Certified Pistol, Rifle, Shotgun Instructor
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                      Comment

                      • #12
                        moo
                        Junior Member
                        • Sep 2007
                        • 25

                        Originally posted by camillus522
                        Reading further into the PC, it states that when carrying unloaded pistol in a locked container to/from a vehicle one is NOT carrying concealed. So lock the box or any other container and walk to your car and drive home. The laws are tight but not that bad.
                        Could you cite the section of the penal code you are referring to? I read somewhere in there that it is okay to transport an unloaded firearm from your house to your car in a locked box (DOJ approved box?) if you are going hunting (I would make sure you have a current hunting license) or going to a range to target shoot or compete, and on the way back home from those activities.

                        I probably should have just stuck with my long guns. I did not think a revolver would be a problem, but it's still a concealable weapon.

                        If I attached a walnut rifle stock to my GP100 revolver, would it qualify as a long gun?

                        Nevermind

                        Moo

                        Comment

                        • #13
                          ccwguy
                          Member
                          • Jun 2007
                          • 310

                          Section 12025 does not apply to or affect any of the following:- the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in aLicensed hunters or fishermen while engaged
                          sigpic
                          NRA Certified Pistol, Rifle, Shotgun Instructor
                          ---F.I.R.S.T. Steps Pistol---Certified Pistol---Certified Rifle---Certified Shotgun---Personal Protection in The Home---Shooting Coach
                          CCW Training-CALIFORNIA,UTAH,FLORIDA
                          Personal Protection Training.
                          Tactical Pistol, Shotgun training available, private and group classes.

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                          • #14
                            moo
                            Junior Member
                            • Sep 2007
                            • 25

                            Originally posted by ccwguy
                            Reading the entire code is important, the 'exceptions' to 12050 state very simply that locked in a container is just fine, or a lock through the action/ cylinder. No big deal. The 'search' feature will help you. This is asked almost weekly so some folks are not inclined to rehash the same old, same old real quick like. A CCW has little to do with transporting an unloaded pistol, especially when the new firearm is not listed on a permit. Do not get the sheriff involved, they are not all versed in this and best be left to themselves.
                            Thanks. I'll read the penal code some more and look for the exceptions and search this site as well. Sorry to be redundant, just trying to be thorough, this will be my first handgun.

                            Comment

                            • #15
                              ccwguy
                              Member
                              • Jun 2007
                              • 310

                              Originally posted by moo
                              Thanks. I'll read the penal code some more and look for the exceptions and search this site as well. Sorry to be redundant, just trying to be thorough, this will be my first handgun.

                              Print, read and carry with you.....

                              sigpic
                              NRA Certified Pistol, Rifle, Shotgun Instructor
                              ---F.I.R.S.T. Steps Pistol---Certified Pistol---Certified Rifle---Certified Shotgun---Personal Protection in The Home---Shooting Coach
                              CCW Training-CALIFORNIA,UTAH,FLORIDA
                              Personal Protection Training.
                              Tactical Pistol, Shotgun training available, private and group classes.

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