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Transporting a disassembled pistol

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  • MattyB
    Banned
    • Oct 2012
    • 350

    Transporting a disassembled pistol

    I looked over the wiki and tried a few searches to find the answer not to mention Im positive its has been asked but, do locked secure container rules apply for a disassembled pistol? Meaning, frame in unloaded and slide is removed.

    I was thinking if the weapon is consider "parts" at that point, it alleviates some vague parts of the law about what "secure" and "locked" actually mean in court (not to us and the 10yr old boy rule).

    Just hoping for an answer of it still needs to be in the locked case or it doesn't. I always travel with my Glock unloaded and case locked but considering the BS in the State figured a more definitive and safe (legally speaking) traveling option may be available.
  • #2
    Brandon04GT
    In Memoriam
    • Feb 2011
    • 3016

    I'm pretty sure you have to transport the actual part legally considered the "firearm" like such.

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    • #3
      artoaster
      Senior Member
      • Mar 2012
      • 1220

      Good question. If all parts are present, in a state of take-down as in field stripped, my own logic would be to have pistol frame and slide separate and at least the receiver in a locked case as per law.

      Here's the theory on that, it could construed that one did not have the locking case necessary to comply with the law so he simply field stripped it to get by the intent of the law.

      However, if it were shown that the firearm could not be made functional due to missing components no where near the vicinity of said pistol then the locked case law could be unreasonable or unnecessary.

      That's not a lawyer talking so it doesn't mean anything. It is rather the impressions of a peer who may serve as juror only.


      You generally run out of time before you run out of ammo.

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      • #4
        Freq18Hz
        Senior Member
        • Apr 2011
        • 1243

        The part of your firearm which is considered the firearm (semi auto pistols almost always = frame, AR15's and rifles almost always = the lower receiver) must always be handled in accordance with all federal and state laws. It doesn't matter if it's just a bare frame, or a bare lower, you must always treat it as a firearm or you are at risk of being charged with a felony, misdemeanor.

        -Freq

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        • #5
          artoaster
          Senior Member
          • Mar 2012
          • 1220

          Originally posted by Freq18Hz
          The part of your firearm which is considered the firearm (semi auto pistols almost always = frame, AR15's and rifles almost always = the lower receiver) must always be handled in accordance with all federal and state laws. It doesn't matter if it's just a bare frame, or a bare lower, you must always treat it as a firearm or you are at risk of being charged with a felony, misdemeanor.

          -Freq
          So, the theory there is that the receiver must be in a locked container due more to possession concerns than a functioning of firearm concern?

          That's interesting to consider bare frames and bare receivers as needing locked case. Where's the link or section of PC?

          My quick search only finds that "assault weapon" receivers must be locked.
          Last edited by artoaster; 11-25-2012, 4:58 PM.


          You generally run out of time before you run out of ammo.

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          • #6
            corcoraj2002
            Senior Member
            • Dec 2010
            • 636

            Firearms require a locked container. For auto pistol the frame is the firearm. So you need to transport that in a locked container. It has been spelled out here quite plainly.

            Search for firearm transportation then look up the definition of a firearm.
            I support the NRA, if you are not in, you can't win.

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            • #7
              CSACANNONEER
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Dec 2006
              • 44093

              Originally posted by artoaster
              So, the theory there is that the receiver must be in a locked container due more to possession concerns than a functioning of firearm concern?

              That's interesting to consider bare frames and bare receivers as needing locked case. Where's the link or section of PC?
              "Theory"? I would call it the letter of the law. There isn't a link or PC regarding just a frame. However, just a frame is a legal firearm and all laws which pertain to all firearms pertain to all legal firearms period. The reason you can't find anything about "just a frame" is simple, there aren't any. Got it? There are no exceptions for "just a frame but still a legal firearm" so, you have to treat the firearm just like any other firearm of it's kind no matter what condition it is in. It's a pretty simple concept.
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              • #8
                artoaster
                Senior Member
                • Mar 2012
                • 1220

                OK.


                You generally run out of time before you run out of ammo.

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                Former NRA Member
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                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44652

                  What you want at the wiki is the article on 'definition of a firearm' -- http://wiki.calgunsfoundation.org/De..._a_firearm/gun

                  Disassembled firearms are still firearms, and must be transported using the rules for that kind of firearm.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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                  • #10
                    MattyB
                    Banned
                    • Oct 2012
                    • 350

                    Think I got my answer. It goes in a locked case no ifs, and's or but's. To be honest Im glad I asked because I wasnt aware that even if I wasnt transporting an entire weapon (taking it to get repaired ect ect) I am still under the same requirements.

                    Figured it was a C.Y.A. question but it still goes full circle back to the semi vagueness of what is A)locked and B) secure..

                    BTW I ***umed that an incomplete pistol was any different than an incomplete weapon of any other sort (like an AR lower) when I should have known better. I tend to focus on the Scary Black Rifle rules much more than pistols when they are both treated as nuclear weapons by the State.
                    Last edited by MattyB; 11-25-2012, 5:19 PM.

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                    • #11
                      Freq18Hz
                      Senior Member
                      • Apr 2011
                      • 1243

                      Originally posted by MattyB
                      Think I got my answer. It goes in a locked case no ifs, and's or but's. To be honest Im glad I asked because I wasnt aware that even if I wasnt transporting an entire weapon (taking it to get repaired ect ect) I am still under the same requirements.

                      Figured it was a C.Y.A. question but it still goes full circle back to the semi vagueness of what is A)locked and B) secure..

                      BTW I ***umed that an incomplete pistol was any different than an incomplete weapon of any other sort (like an AR lower) when I should have known better. I tend to focus on the Scary Black Rifle rules much more than pistols when they are both treated as nuclear weapons by the State.
                      Literally, to use your scary black rifle example: If you buy just a lower, unbuilt (meaning no parts, just a hollow hunk of metal) you have to walk out of a dealer with cable lock around it. If you were to hurt someone with it, it would be assault with a deadly weapon / attempted murder with a firearm.

                      -Freq

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                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44652

                        Originally posted by Freq18Hz
                        Literally, to use your scary black rifle example: If you buy just a lower, unbuilt (meaning no parts, just a hollow hunk of metal) you have to walk out of a dealer with cable lock around it.

                        If you were to hurt someone with it, it would be assault with a deadly weapon / attempted murder with a firearm.

                        -Freq
                        True the first - but that's not a transport issue, that's a law imposed on FFLs, who may not deliver a gun without a safety device (see full info at the wiki -- http://wiki.calgunsfoundation.org/Bu....2C_and_Laws); after you take the weapon, that lock has no further gun-related use in California.

                        And the second might be true; I'm aware of a Federal case or two where 'using a firearm in a crime' was argued successfully when the firearm in question was payment in a drug deal (or something like that). Haven't heard of it in CA, but won't claim it's unlikely.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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