Trunk Gun Legal Question?

[daemonite]

I would love to keep a gun in the trunk of my car but I'm wondering whats the legal restrictions on such? Can I do it? and if I can what needs to be done?

I'm really thinking of a Center of Mass safe and mounting it onto the solid back section of my rear fold down seats if it's legal. Otherwise onto the rear firewall in my trunk.

[JeffM]

This has been discussed a few times before.

[hoffmang]

You can have any legal non handgun in your trunk as long as it is unloaded.

-Gene

[Librarian]

... However, there are places you cannot have any gun, handgun or otherwise, unless you are LEO or have CCW or have written permission.

University properties in California are the leading example.

[Juliet Lima]

You can only carry a handgun in your car if you are in transit to/from a gun range. Then it has to be unloaded. Magazine has to be unloaded. Also, the gun has to be in a locked container (car trunk qualifies). The ammo cannot be in the same locked container as the gun. Your pretty SOL...although it could be hard to prove that you AREN'T on your way either to or from a gun range.

[bobnfloyd]

A question I have regarding this is, can you have the unloaded gun in a locked gun case/safe (within your trunk) with the ammo in the trunk as well. Hence you have a locked container with the gun inside, and then the ammo is outside separated from it by a locked container but also in the trunk?

[paul0660]

You can only carry a handgun in your car if you are in transit to/from a gun range.

[EOD Guy]

The section you quoted only applies to the concealed weapons part of the regulation, not the origin or destination of the travel. You have to go to PC 12026.2(a) in order to see where you have to be going in order to be in compliance. Subsections (1) through (20) list the specific places to which you must be going to or from while transporting a handgun.

[Soldier415]

You can only carry a handgun in your car if you are in transit to/from a gun range. Then it has to be unloaded. Magazine has to be unloaded. Also, the gun has to be in a locked container (car trunk qualifies). The ammo cannot be in the same locked container as the gun. Your pretty SOL...although it could be hard to prove that you AREN'T on your way either to or from a gun range.

All wrong. Magazines do not have to be unloaded, you can have loaded mags, and can be kept in the same locked container as the handgun

[paul0660]

As far as what unloaded means, I don't think there is a specific definition. My ccw trainer said unloaded means nothing in the tube, and nothing in the mag if the mag is loaded. I think results may vary depending on what LEO one encounters, so I separate the gun and ammo completely when need be.

[fairfaxjim]

As far as what unloaded means, I don't think there is a specific definition. My ccw trainer said unloaded means nothing in the tube, and nothing in the mag if the mag is loaded. I think results may vary depending on what LEO one encounters, so I separate the gun and ammo completely when need be.

I would suggest (this goes for all who really want to know) some research and study on the gun laws and applicable case law if you want to really be an informed gun owner. They are many and somewhat complicated, but they are what you have to deal with - you cant take calguns.net opinions to court with you!!

A good first start would be to read "How to Own a Gun & Stay Out of Jail" by John Machtinger. It is available at most gun stores, costs about $10 and is a good look at CA gun law. The CA DOJ also publishes a "California Firearms Laws" book, available in pdf on their website. I don't find it very comprehensive, and the latest version at this point seems to be 2006 - they are right on top of being "..leaders in providing firearms expertise and information..." Then read through the PC itself in areas that are of particular interest to you. There is also some case law that is helpful to know, as not all of the changes are in the PC. Of particular note is in the area of loaded gun definition and the AW listings.

I personally enjoy the forum discussion of gun laws, you can find out quite a bit there, but I do not trust my freedom to ANYTHING that is said there without finding and knowing the actual law behind it.

[fairfaxjim]

As far as what unloaded means, I don't think there is a specific definition. My ccw trainer said unloaded means nothing in the tube, and nothing in the mag if the mag is loaded. I think results may vary depending on what LEO one encounters, so I separate the gun and ammo completely when need be.

There is both PC definition and apeals court case law that specifically defines what a loaded gun is. (PC12031(g) and People V Clark, 1996) The matter has been clouded by the fact that there have been additional definitions of loaded when certain crimes are being committed with a gun in your posession as opposed to lawfully carrying a gun. Research, it will tell all!

[paul0660]

12026.2 enumerates some lawful purposes, but does not limit transportation/possession to those purposes, via 12026.2 (c),

(c) This section does 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.

[mymonkeyman]

The section you quoted only applies to the concealed weapons part of the regulation, not the origin or destination of the travel. You have to go to PC 12026.2(a) in order to see where you have to be going in order to be in compliance. Subsections (1) through (20) list the specific places to which you must be going to or from while transporting a handgun.

It's not a regulation, it's a statute. Origin or destination of travel has nothing to do with the statute that actually creates the crime, 12025, which only creates the crime of carrying a concealed weapon. 12026.1 and 12026.2 and 12027 are separate and independent exceptions to 12025, each with their own independent requirements. You do not have to satisfy all the exception statutes, just one of them.

[Slayer]

This has been discussed a few times before.

Was that neccesary?