Trunk Gun Poll

[EBR Works]

No trunk gun here, CCW.

[zman]

Lame. We're debating here. Did I say go carry a handgun in your car? No. I said tell me why you can't.

If you don't want to intelligently provide a backup for your argument, then quit reposting Michel's "recommendation".

LOL Michel's recommendation IS my backup.

[inbox485]

Actually Zman and Cannoneer....I have a scenario / question for you. Take off the tinfoil hats for a second.

A guy for whatever reason is stopped in a traffic scenario, and because he's trusting (and stupid) he allows his vehicle to be searched (which a sane person would never do). Lo and behold the Officer finds a handgun in the enclosed and locked trunk of his car. The handgun is unloaded, and is sitting next to two full ten round magazines. The handgun is stored legally. The officer asks why the guy has a handgun in his trunk. The guy refuses to answer the question. He has no obvious range gear, is not coming back or going to a hunt, and is not in a school zone. The guy is not in the process of committing any act to which the cop has PC or even reasonable suspicion of anything. He is joe law abiding citizen going about his business.

The driver is clean of any outstanding warrants, and a drivers license check comes back fine.

Now I want you to tell me exactly how a prosecutor is going to nail him for a violation of 12026.1 or 12026.2.

Don't come back at me with the old "ATF / DOJ are monitoring this forum BS. This is a fictional scenario. Not interested in paranoia.

You (or Chuck Michel or any other lawyer) tell me exactly how you can be prosecuted in the above circumstance.

You don't violate 12026.1 or ~.2. The theoretical charge would be 12025. The defense would be 12026.1. If the DA raised 12026.2 you point out 12026.2(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.

That expressly prevents 12026.2 from limiting any other lawful means of carry (including those means found in 12026.1).

Simple enough zman?

[The Director]

You don't violate 12026.1 or ~.2. The theoretical charge would be 12025. The defense would be 12026.1. If the DA raised 12026.2 you point out 12026.2(c):
That expressly prevents 12026.2 from limiting any other lawful means of carry (including those means found in 12026.1).

Simple enough zman?

Thank you.

[glockman19]

only in the trunk on the way to the range

And then it's unloaded and in a locked case.

[sirnonz]

don't have one.

[inbox485]

don't have one.

A gun or a trunk?

[tombinghamthegreat]

I don't have a trunk in my jeep but i use a carrying case as a trunk for school zones. Just depends on what i am driving. I don't have a trunk gun when i am going to college for legal reasons.