Unconfigured Ad Widget

Collapse

Shotgun + school zone = locked container

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Halfey
    Member
    • May 2009
    • 126

    Shotgun + school zone = locked container

    To my understanding you can transport a shotgun w/o a locked container.

    On my way to the range I pass through several school zones.

    Is there a law where when you are in or passing a school zone with any gun long or short, it needs to be in a locked container.

    Thanks
  • #2
    Campaly
    Junior Member
    • Feb 2011
    • 14

    CA Law

    PC 626.9.
    (a) This section shall be known, and may be cited, as the
    Gun-Free School Zone Act of 1995.
    (b) Any person who possesses a firearm in a place that the person
    knows, or reasonably should know, is a school zone, as defined in
    paragraph (1) of subdivision (e), unless it is with the written
    permission of the school district superintendent, his or her
    designee, or equivalent school authority, shall be punished as
    specified in subdivision (f).

    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (2) When the firearm is an unloaded pistol, revolver, or other
    firearm capable of being concealed on the person and is in a locked
    container or within the locked trunk of a motor vehicle.
    This section does not prohibit or limit the otherwise lawful
    transportation of any other firearm, other than a pistol, revolver,
    or other firearm capable of being concealed on the person, in
    accordance with state law.

    Federal Law

    (2)
    (A) It shall be unlawful for any individual knowingly to
    possess a firearm that has moved in or that otherwise affects
    interstate or foreign commerce at a place that the individual
    knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a
    firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to
    do so by the State in which the school zone is located or a
    political subdivision of the State, and the law of the State or
    political subdivision requires that, before an individual
    obtains such a license, the law enforcement authorities of the
    State or political subdivision verify that the individual is
    qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is
    on a motor vehicle;

    California CCW would exempt a handgun from this law. Contrary to California law regarding transport of long guns, this Federal law requires long guns to be "in a locked container, or a locked firearms rack that is on a motor vehicle".

    Comment

    • #3
      BayAreaShooter
      Calguns Addict
      • Aug 2010
      • 5054

      Simply stated yes if you travel through a school zone your Long gun needs to be in a locked container.
      sigpic

      Comment

      • #4
        mjsweims
        Senior Member
        • May 2009
        • 807

        Originally posted by BayAreaShooter
        Simply stated yes if you travel through a school zone your Long gun needs to be in a locked container.
        If your vehicle is locked when you drive through, and your gun is unloaded, can your vehicle be considered a locked container?
        Jack

        sigpic

        Comment

        • #5
          santacruzstefan
          Veteran Member
          • Jul 2009
          • 4796

          I thought the federal GFSZ law was overturned as unconstitutional back in the early 90's, since Congress had overstepped the bounds of the commerce clause. Or was that something else?
          This may sound strange and unbelievable to you, but it is real and true.
          - excerpt from Nigerian scam email

          Comment

          • #6
            Campaly
            Junior Member
            • Feb 2011
            • 14

            The Gun Free School Zones Act of 1990 was declared an unconstitutional exercise of Congressional authority under the Commerce Clause. Congress made minor changes and and re-enacted the law as the Gun Free School Zones Act of 1995.

            Comment

            • #7
              Munk
              Senior Member
              • Jun 2010
              • 2124

              Originally posted by mjsweims
              If your vehicle is locked when you drive through, and your gun is unloaded, can your vehicle be considered a locked container?
              only your trunk or other box that is non-glovebox, non-"utility compartment" (center console) will count as locked containers. And that is only if your trunk is truly locked... if it has a passthrough that isn't locked then your trunk is not technically a locked container.

              GFSZ wants ALL guns in locked containers, even if it's not required by other laws.
              Originally posted by greasemonkey
              1911's instill fairy dust in the bullets, making them more deadly.

              Comment

              • #8
                stockranger
                Senior Member
                • Mar 2009
                • 962

                Don't speed and put your medical marijuana down while you drive thru the school zone and you'll be fine.
                People who hug trees shouldn't live in wooden houses!

                Comment

                • #9
                  seanbo
                  Senior Member
                  • Oct 2009
                  • 1161

                  If they catch you with out a locked container than they will put you in a locked container.

                  Comment

                  • #10
                    stockranger
                    Senior Member
                    • Mar 2009
                    • 962

                    (2) When the firearm is an unloaded pistol, revolver, or other
                    firearm capable of being concealed on the person and is in a locked
                    container or within the locked trunk of a motor vehicle.
                    This section does not prohibit or limit the otherwise lawful
                    transportation of any other firearm, other than a pistol, revolver,
                    or other firearm capable of being concealed on the person, in
                    accordance with state law.

                    according to this it doesn't apply to long guns. Lets be realistic. Your on your way to go hunting with your 48" long beretta and bird shot in the trunk and you get pulled over. The cop is going to relize your probably a hunter and are not going to pull the back seat down to get the gun and do a drive by at the school.

                    Your on your way to the range with your AR and your glock while wearing your tacticool body armor are going to prison.

                    cops have stopped me with guns and they see my gundog and orange vest they never even ask to see the firearm or if it was in a locked case or anything like that. Neither does border patrol on the way back from the imperial valley.
                    People who hug trees shouldn't live in wooden houses!

                    Comment

                    • #11
                      son_of_a_gunny
                      Junior Member
                      • Oct 2009
                      • 64

                      In a hunter Safty Class a few weeks ago, I was told the locked container for long guns can be a soft case with the zipper closed and locked to the "D" ring.

                      Hand guns need to be in a locked hard case.

                      Can anyone confirm this ?

                      Thanks.
                      "Give a man some ammo and he wastes an hour. Teach a man to Reload and he'll waste a lifetime" - unknown

                      sigpic http://www.appleseedinfo.org/index.html

                      Comment

                      • #12
                        rromeo
                        Calguns Addict
                        • Sep 2009
                        • 6981

                        Originally posted by stockranger
                        (2) When the firearm is an unloaded pistol, revolver, or other
                        firearm capable of being concealed on the person and is in a locked
                        container or within the locked trunk of a motor vehicle.
                        This section does not prohibit or limit the otherwise lawful
                        transportation of any other firearm, other than a pistol, revolver,
                        or other firearm capable of being concealed on the person, in
                        accordance with state law.

                        according to this it doesn't apply to long guns. Lets be realistic. Your on your way to go hunting with your 48" long beretta and bird shot in the trunk and you get pulled over. The cop is going to relize your probably a hunter and are not going to pull the back seat down to get the gun and do a drive by at the school.

                        Your on your way to the range with your AR and your glock while wearing your tacticool body armor are going to prison.

                        cops have stopped me with guns and they see my gundog and orange vest they never even ask to see the firearm or if it was in a locked case or anything like that. Neither does border patrol on the way back from the imperial valley.
                        That is state law.

                        Federal Law.
                        (I) not loaded; and
                        (II) in a locked container, or a locked firearms rack that is
                        on a motor vehicle;
                        Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

                        - from THE SECOND BOOK OF KYFHO
                        (Revised Eastern Sect Edition)

                        Comment

                        • #13
                          paul0660
                          In Memoriam
                          • Jul 2007
                          • 15669

                          Hand guns need to be in a locked hard case.
                          Soft case is ok for handguns too. Did you learn any other wrong stuff in that class?
                          *REMOVE THIS PART BEFORE POSTING*

                          Comment

                          • #14
                            IrishPirate
                            Calguns Addict
                            • Aug 2009
                            • 6390

                            Originally posted by son_of_a_gunny
                            In a hunter Safty Class a few weeks ago, I was told the locked container for long guns can be a soft case with the zipper closed and locked to the "D" ring.

                            Hand guns need to be in a locked hard case.

                            Can anyone confirm this ?

                            Thanks.
                            no difference between the regs on either. Locked case is a locked case. i transport pistols in a soft case on occasion, it's kevlar and much more resistant to someone breaking into it than my $10 plastic Plano...

                            OP, if you go through a GFSZ, lock it up.


                            Is the extra few seconds it takes to put guns in a locked container really so inconvenient that it's worth risking your gun rights? Lock 'em up, and donate to CGF and send them a letter that you're interested in getting the GFSZ law overturned or restructured.
                            sigpic
                            Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
                            People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

                            ΜΟΛΩΝ ΛΑΒΕ

                            Comment

                            • #15
                              rromeo
                              Calguns Addict
                              • Sep 2009
                              • 6981

                              Looking over this, I have a concealed carry permit. Does that exempt me from locking up all guns, or just the handgun I'm carrying? Can I have my AR sitting on the back seat?
                              Everything goes in the trunk anyway, it's just something else I thought of.
                              Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

                              - from THE SECOND BOOK OF KYFHO
                              (Revised Eastern Sect Edition)

                              Comment

                              Working...
                              UA-8071174-1