Trunk Gun Poll

[Noraku81]

Last thing I need is someone breaking into my car and stealing my gun. I always carry a folding knife with me for protection and I have half a brain to know how NOT to get myself into a sticky situation.

[The Director]

From CalGunLaws.com :


Question-
Can I continually carry a handgun in my car in a locked container other than the utility or glove compartment for self-defense? I do not have a concealed weapons permit.

Answer-
No. The legal authorization to transport a concealed handgun without a permit unloaded and in a motor vehicle's trunk or a separate locked container in Penal Code Section 12026.1 applies only while going to or from the specific places, and for the specific purposes, identified in Penal Code Section 12026.2 (going hunting, to or from a range, etc.). It is illegal to carry a concealed handgun without a permit for general purposes, such as self defense, even though the firearm is transported in the trunk of a motor vehicle or in a separate locked container. Section 12026.1 is not very clear on this point, but Section 12026.2 is, so it is prudent to read them together. Again, handguns being lawfully transported concealed in a motor vehicle's trunk or in a separate locked container cannot be loaded nor can ammunition be attached to them in any manner.

Source-
http://www.calgunlaws.com/index.php/...ns-permit.html

Not buying it. Plus throw in a set of earplugs, a couple targets, and a can of break free and you were either at the range or going to the range.

I submit that it would be impossible for any DA to prove how long you've been carrying the gun around for and for what purpose since fundamentally carrying a handgun in the trunk of your car is not a prohibited act.

[CSACANNONEER]

Not buying it. Plus throw in a set of earplugs, a couple targets, and a can of break free and you were either at the range or going to the range.

I submit that it would be impossible for any DA to prove how long you've been carrying the gun around for and for what purpose since fundamentally carrying a handgun in the trunk of your car is not a prohibited act.

While this may be true for many peolpe, all a DA has to do is find this thread and present it to a jury. I bet they would decide that YOU intentionally decided to break the law and tried to hide it.


It's not about what you might be able to get away with. It's about what is legal and what is not. If you can't understand that, you have the same mind set as most common criminals. Well, even some of them are smart enough not to talk about the possibility of committing crimes, over the internet. Then again, many of them are doing exactly what you are doing just on other forums.

[zman]

Exactly. Thank you for posting that. I'm glad we can now drive a stake through the heart of that "driving to and from the range" bullcrap FUD. Where did that even start?????!!!!

Not buying it. Plus throw in a set of earplugs, a couple targets, and a can of break free and you were either at the range or going to the range.

I submit that it would be impossible for any DA to prove how long you've been carrying the gun around for and for what purpose since fundamentally carrying a handgun in the trunk of your car is not a prohibited act.

That is your choice and please put that hammer and stake away for now

[The Director]

It's not about what you might be able to get away with. It's about what is legal and what is not. If you can't understand that, you have the same mind set as most common criminals. Well, even some of them are smart enough not to talk about the possibility of committing crimes, over the internet. Then again, many of them are doing exactly what you are doing just on other forums.

I'm so sick of this tinfoil hat BS that rears it's ugly head around here from time to time. Committing crimes....gimme a break. If you must know, I voted "rarely carry" since the only time I have a gun in my trunk is when I truly am going to the range, or driving out to BLM.

It's not a crime to say that you know damn well carrying a handgun in your trunk is essentially non-prosecutable in and of itself....GFSZs excepted.

[r08ert209cali]

it is legal and a right it just hasn't been successfully argued yet. Reminds me it is close to time to donate to cal guns foundation.

[zman]

it is legal and a right it just hasn't been successfully argued yet. Reminds me it is close to time to donate to cal guns foundation.

Are you saying the firearms lawyer is full of it...or should we say spreading FUD?

Turkey FUD...just in time

[The Director]

I'm not saying the lawyer quote is dead wrong...I'm saying it's not a complete analysis, in my most uneducated opinion. There's more to it. Like I said, in and of itself it is not prohibited to transport a handgun in the (separate and lockable) trunk of a car. I submit that any case hinges upon intent, which is nearly impossible to prove definitively.

[CSACANNONEER]

I'm so sick of this tinfoil hat BS that rears it's ugly head around here from time to time. Committing crimes....gimme a break. If you must know, I voted "rarely carry" since the only time I have a gun in my trunk is when I truly am going to the range, or driving out to BLM.

It's not a crime to say that you know damn well carrying a handgun in your trunk is essentially non-prosecutable in and of itself....GFSZs excepted.

You're right. It's not a crime to put anything on the internet. Just ask BWO. I'm not talking about TFHs. I'm talking about the reality of how your statements will be used against you. It has happened in the past and it will happen again. Besides that, don't you understand that even one of the leading firearms attornies in this state has the opinion that it is currently illegal to carry a lock and unloaded handgun around for protection. I guess that you know much more about California firearms laws than he does. Also, back to the TFH thing, you are fairly new around here so, you may not be aware of the BWO case. If you don't know about it, please research it and understand it before you start accussing anyone of wearing a TFH. I'm talking about REALITY and FACTS here. You seem to be promoting illegal (according to the experts) activities based on your lay person's opinion of how you would like the law to read. I'm done trying to convince you though. I just hope that I prevented some poor slob from believing that you know what you are talking about. Hey, if you choose to act on your words and somehow get caught, let me know. I'll put a $20 on the books for you just for trying.

[r08ert209cali]

Are you saying the firearms lawyer is full of it...or should we say spreading FUD?

Turkey FUD...just in time

I am saying it is our right to keep and bear arms. anytime all the time. per the 2a via a bunch of other stuff and things. It is Ca. law which sees it different and will one day be proven unconstitutional.

[CSACANNONEER]

I am saying it is our right to keep and bear arms. anytime all the time. per the 2a via a bunch of other stuff and things. It is Ca. law which sees it different and will one day be proven unconstitutional.

I agree. Until that day, I would advise against carrying a handgun in a vehicle for SD or, at the least, not publicly advocating doing so.

[r08ert209cali]

I agree. Until that day, I would advise against carrying a handgun in a vehicle for SD or, at the least, not publicly advocating doing so.

touche

[inbox485]

WOW!!! So much FUD, in so little time. Where do I start?

(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.

By this section alone I could carry LUCC in a grocery store if I felt like it...or any other place where firearms are not expressly prohibited.

The key words in (c) are "otherwise lawful." In other words other statutory exceptions to 12025 are not excluded by the list of exceptions in 12026.2. So, unless you can find another exception to 12025 allowing you to carry a LUCC in a grocery store, you're SOL.

From CalGunLaws.com :

Question-
Can I continually carry a handgun in my car in a locked container other than the utility or glove compartment for self-defense? I do not have a concealed weapons permit.

Answer-
No. The legal authorization to transport a concealed handgun without a permit unloaded and in a motor vehicle's trunk or a separate locked container in Penal Code Section 12026.1 applies only while going to or from the specific places, and for the specific purposes, identified in Penal Code Section 12026.2 (going hunting, to or from a range, etc.). It is illegal to carry a concealed handgun without a permit for general purposes, such as self defense, even though the firearm is transported in the trunk of a motor vehicle or in a separate locked container. Section 12026.1 is not very clear on this point, but Section 12026.2 is, so it is prudent to read them together. Again, handguns being lawfully transported concealed in a motor vehicle's trunk or in a separate locked container cannot be loaded nor can ammunition be attached to them in any manner.

Source-
http://www.calgunlaws.com/index.php/...ns-permit.html

I usually won't argue with a CG opinion, but that is not what the law says at all. 12026.1 limits the source and destination to "any lawful purpose" when carrying your LUCC to and from your motor vehicle. There are no limitations on location once within the motor vehicle. Further, like 12026.2(c), in 12026.1(b) there is the same clause that makes 12026.1 separate and independent from other exceptions to 12025. There is no reference to nor dependence on 12026.2 in 12026.1.

Aside from Ca law, the answer would still be NO! if you EVER go to the post office, a school campus or one of many other gun free zones it would be illegal on a Federal level.

The federal 1990 GFSZ law was ruled unconstitutional and replaced by a 1994 version that required schools receiving federal funds to create state laws to minimum standards. In CA, that is PC 626.9. In 626.9(c)(2):

(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.

Note that same clause that makes these exceptions separate and independent from any other exceptions.

As for the post office issue, you have:

Section 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any
person who is not otherwise prohibited by this chapter from
transporting, shipping, or receiving a firearm shall be entitled to
transport a firearm for any lawful purpose from any place where he
may lawfully possess and carry such firearm to any other place
where he may lawfully possess and carry such firearm if, during
such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible
or is directly accessible from the passenger compartment of such
transporting vehicle: Provided, That in the case of a vehicle
without a compartment separate from the driver's compartment the
firearm or ammunition shall be contained in a locked container
other than the glove compartment or console.

So as long as your stop at the post office is between any two places where you can posses and carry the firearm and you meet the containment requirements, the post office isn't an issue.

[zman]

I agree. Until that day, I would advise against carrying a handgun in a vehicle for SD or, at the least, not publicly advocating doing so.

touche

I concur.

[The Director]

12026.1 covers in a vehicle.

12026.2 covers NOT in a vehicle.

They're independent. They have different legislative histories - if they had been implemented at the same time, with the same bill, the 'read them together' advice would be better; that's what eventually convinced me they were addressing different things.

See also this post : http://www.calguns.net/calgunforum/s...25&postcount=4
__________________
Calguns Wiki FAQs

The Librarian seems to think differently. I agree with his interpretation....