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Where does it say in the Penal Code....

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  • BlackReef
    Veteran Member
    • Apr 2007
    • 3616

    Where does it say in the Penal Code....

    ..That I must transport my Handgun in a locked container, seperate from the Ammunition?


    Thanks
    Joe
  • #2
    saxman
    Senior Member
    • Dec 2007
    • 555

    afaik, it does not

    Comment

    • #3
      Matt C
      Calguns Addict
      • Feb 2006
      • 7128

      It does not, anyone suggesting such is a FUD spreader.
      I do not provide legal services or practice law (yet).

      The troublemaker formerly known as Blackwater OPS.

      Comment

      • #4
        InvictusManeo
        Member
        • Dec 2007
        • 396

        IIRC, last time this was brought up it was determined that that isn't law, but most LEOs will still make it worth while to keep them separate.

        And if there's ANY PHYSICAL POSSIBILITY, no matter how low the probability, that the weapon could become loaded without the case being opened (through movement, bumping, etc.) you're going to be seriously hurting.
        He was a demon. He was a parasite. He was a cancer. We were the cure. And he left you for a bitter grave today. - Coalition Bear

        There's a lot of fine ways to die. I ain't waiting for the government to choose mine. - Malcolm Reynolds

        Comment

        • #5
          mymonkeyman
          Senior Member
          • Jan 2008
          • 1049

          Originally posted by InvictusManeo
          IIRC, last time this was brought up it was determined that that isn't law, but most LEOs will still make it worth while to keep them separate.

          And if there's ANY PHYSICAL POSSIBILITY, no matter how low the probability, that the weapon could become loaded without the case being opened (through movement, bumping, etc.) you're going to be seriously hurting.
          There's a non-zero probability that the ammo in my house right now will quantum tunnel into the gun in your car miles away.
          The above does not constitute legal advice. I am not your lawyer.

          "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

          Comment

          • #6
            hawk1
            In Memoriam
            • Dec 2005
            • 7555

            The only reference I read to it having to be in a locked container was if you do not have a trunk to put it in. And in order to be exempted from section 12025 (carring a concealed weapon).

            [quote]
            California Penal Code Section 12026.1

            (a) Section 12025 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 within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, 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 other than the utility or glove compartment.

            (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 this chapter.

            (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
            sigpicNRA LIFE MEMBER

            Comment

            • #7
              InvictusManeo
              Member
              • Dec 2007
              • 396

              Originally posted by mymonkeyman
              There's a non-zero probability that the ammo in my house right now will quantum tunnel into the gun in your car miles away.
              And a higher probability that someone will try to prosecute you for owning ammunition based on that non-zero. Or prosecute me for having a "loaded" firearm, even though there is not currently any ammo in my car at all.
              He was a demon. He was a parasite. He was a cancer. We were the cure. And he left you for a bitter grave today. - Coalition Bear

              There's a lot of fine ways to die. I ain't waiting for the government to choose mine. - Malcolm Reynolds

              Comment

              • #8
                aplinker
                I need a LIFE!!
                • Feb 2007
                • 16762

                If you're on your way to or from committing a felony you should keep it separate as there are PC provisions here...

                Also, if you're a gang member, you should keep them separate as, again, there are PC issues...

                If either of the above apply, please turn yourself into the PD immediately.

                A lot of people who can't comprehend reading (or just listen to other people's FUD) think the no ammo/gun carrying or together provisions are for the law abiding.

                Google Map of OLL Dealers

                List of CA-friendly Manufacturers, Dealers, Middlemen, and Magazine rebuild kit dealers
                Click me-->So you're a n00b and you want to build an AR? <--Click me
                This post is based on actual events. Some facts may be altered for dramatic purposes. All posts are pure opinion. All persons, living and dead, are purely coincidental, and should not be construed.

                Comment

                • #9
                  hawk1
                  In Memoriam
                  • Dec 2005
                  • 7555

                  The only other reference as uclaplinker say's is in regards to a "loaded weapon" and how a loaded weapon is described as ammuntion "in the immediate possesion of the same person" with regards to "a commission or attempted commission of a felony".
                  sigpicNRA LIFE MEMBER

                  Comment

                  • #10
                    mike100
                    Veteran Member
                    • Jul 2006
                    • 2507

                    FUD

                    Comment

                    • #11
                      aplinker
                      I need a LIFE!!
                      • Feb 2007
                      • 16762

                      Originally posted by mike100
                      ha ha


                      Google Map of OLL Dealers

                      List of CA-friendly Manufacturers, Dealers, Middlemen, and Magazine rebuild kit dealers
                      Click me-->So you're a n00b and you want to build an AR? <--Click me
                      This post is based on actual events. Some facts may be altered for dramatic purposes. All posts are pure opinion. All persons, living and dead, are purely coincidental, and should not be construed.

                      Comment

                      • #12
                        Matt C
                        Calguns Addict
                        • Feb 2006
                        • 7128

                        Originally posted by mike100
                        It's Fuderiffic!
                        I do not provide legal services or practice law (yet).

                        The troublemaker formerly known as Blackwater OPS.

                        Comment

                        • #13
                          fairfaxjim
                          Senior Member
                          • Apr 2006
                          • 2146

                          Originally posted by mike100
                          Seems pretty cheesy to me!
                          "As soon as we burn 'em," Chinn said, "more come in."
                          Ignatius Chinn, a FORMER veteran firearms agent.
                          CONTRA COSTA TIMES 03/04/2008

                          "please guys please no ridiculous offers....Im a girl, not an idiot" Mistisa242

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