Unconfigured Ad Widget
Collapse
|
|
|
|
|
|
|
|
Help me win this bet!!
Collapse
X
-
Jack
Do you want an AOW or C&R SBS/SBR in CA?
No posts of mine are to be construed as legal advice, which can only be given by a lawyer. -
still need the OP to clarify if the handguns were locked in either the softcase or the suitcase. If not, you both may have been correct. The OP would be correct in that his friend may have been illegally carrying a concealed handgun when the suitcase was not in the trunk of the car. But the friend would have been correct in that he can possess a handgun in his hotel room.
Bet may be a draw.Jack
Do you want an AOW or C&R SBS/SBR in CA?
No posts of mine are to be construed as legal advice, which can only be given by a lawyer.Comment
-
True, but even in the situation where it was unlocked in the case but placed in the trunk I'd call it legal. While it might be technically illegal to carry an unlocked gun from your house to the trunk of your car (or from your car to your hotel room) I highly doubt anybody has ever been arrested for it. In fact defining the trunk of the vehicle as an acceptable "locked container" would be pretty pointless if the moment you popped the latch you were illegal.still need the OP to clarify if the handguns were locked in either the softcase or the suitcase. If not, you both may have been correct. The OP would be correct in that his friend may have been illegally carrying a concealed handgun when the suitcase was not in the trunk of the car. But the friend would have been correct in that he can possess a handgun in his hotel room.
Bet may be a draw.Comment
-
One final question, if I may:
In CA, assume you have the gun and the ammo locked in the trunk, in what case, if any, can you obtain it, load it, and use it to defend yourself or your friend while NOT in your house or place of business? (let's say the side of the road)Comment
-
this would be the exemption you are looking for.
12031. (a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
(j)(1) Nothing in this section is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or herself or of another is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property. As used in this subdivision, "immediate" means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance.
(2) A violation of this section is justifiable when a person who possesses a firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This paragraph may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person's life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to defendants charged with violating Section 12025 or of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the carrying of a loaded firearm by any person while engaged in the act of making or attempting to make a lawful arrest.Jack
Do you want an AOW or C&R SBS/SBR in CA?
No posts of mine are to be construed as legal advice, which can only be given by a lawyer.Comment
-
I think your bet illustrates how confusing California gun law is. Even the simplest questions quickly become complex and full of exceptions. LEOs and DAs also do not always have the correct knowledge or interpretation. Thus the question becomes not 'what is the law?' but 'what does the cop pulling me over think the law is?' This is why people go beyond the letter of the law and believe myths such as the need to carry magazines unloaded or that ammo must be in a separate container from firearms.
CLBetter Way to Search CalGuns - https://www.google.com/cse/home?cx=0...78:pzxbzjzh1zk
CA Bill Search - https://leginfo.legislature.ca.gov
California Rifle and Pistol Association - http://crpa.org/
Sacramento County Sheriff Concealed Carry Info - Search 'Concealed Weapons Permit Information Sacramento'
Second Amendment Foundation - http://www.saf.org
Animated US Map Showing Progress of Concealed Carry Laws 1986 to 2021 http://www.gun-nuttery.com/rtc.phpComment
-
-
Without a myriad of confusing laws whose wording sometimes seem to contradict itself how else are normal law abiding citizens meant to be turned in to criminals.I think your bet illustrates how confusing California gun law is. Even the simplest questions quickly become complex and full of exceptions. LEOs and DAs also do not always have the correct knowledge or interpretation. Thus the question becomes not 'what is the law?' but 'what does the cop pulling me over think the law is?' This is why people go beyond the letter of the law and believe myths such as the need to carry magazines unloaded or that ammo must be in a separate container from firearms.
CLComment
-
ke6guj is correct. OTOH, you're already sitting in a 3-4,000 pound deadly weapon that can ordinarily carry you away from dangers in less time than stopping, getting out, opening a case, and loading a handgun. Neither the gun nor the car would ALWAYS be the right answer, of course.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!Comment
-
split decision. If he keeps it unloaded, and in a locked container with the ammo seperate...you owe him beer. BUT, in that situation its about a useful for self defense as a box of kittens.....If your point is that he'll get in trouble for having it then it all depends on how he's transporting it, and yes, as stated above he can have it loaded and ready once he's in his hotel room. so i guess the real question is....Bud or Coors?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 ΛΑΒΕComment
-
split decision. If he keeps it unloaded, and in a locked container with the ammo seperate...you owe him beer. BUT, in that situation its about a useful for self defense as a box of kittens.....If your point is that he'll get in trouble for having it then it all depends on how he's transporting it, and yes, as stated above he can have it loaded and ready once he's in his hotel room. so i guess the real question is....Bud or Coors?
Actually a bad guy with a face full of kittens with tiny little razor claws trying to get traction for a quick get away is going to be pretty busy for at least a few seconds. Not a bad defense if you're otherwise empty handed.
CLBetter Way to Search CalGuns - https://www.google.com/cse/home?cx=0...78:pzxbzjzh1zk
CA Bill Search - https://leginfo.legislature.ca.gov
California Rifle and Pistol Association - http://crpa.org/
Sacramento County Sheriff Concealed Carry Info - Search 'Concealed Weapons Permit Information Sacramento'
Second Amendment Foundation - http://www.saf.org
Animated US Map Showing Progress of Concealed Carry Laws 1986 to 2021 http://www.gun-nuttery.com/rtc.phpComment
Calguns.net Statistics
Collapse
Topics: 1,865,581
Posts: 25,132,207
Members: 355,945
Active Members: 3,804
Welcome to our newest member, glocksource.
What's Going On
Collapse
There are currently 4533 users online. 96 members and 4437 guests.
Most users ever online was 239,041 at 10:39 PM on 02-14-2026.

Comment