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  • Baxter
    Senior Member
    • May 2009
    • 1326

    Anyone have the P.C. handy?

    BC9696 says it is illegal to transport a unloaded unlocked handgun in plain sight with a loaded mag next to it. I believe it is totally legal, but not advised. I know you can't in a school zone.
    He also says you have to have a rifle,shotgun, or long gun in a locked container. One ,more thing he thinks you have to have ammo and gun seperated in locked containers.
    I have showed him the chp faq about ammo and gun in same container, but he wants a p.c. that says it isn't illegal.
    I would leave it be but I hate people spreading fud they heard from a DFG warden or any other ill-informed official.
    If you guys want you can pm him or post pc here. If I get the p.c.s he owes me a six pack of Newcastle. I will search myself, thanks in advance.
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  • #2
    robcoe
    Calguns Addict
    • Apr 2010
    • 8685

    but he wants a p.c. that says it isn't illegal.
    Usualy you wont find that, there just wont be a law saying it is illegal.
    Yes, I am an electrical engineer.
    No, I will not fix your computer.

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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30241

      Originally posted by Baxter
      BC9696 says it is illegal to transport a unloaded unlocked handgun in plain sight with a loaded mag next to it. I believe it is totally legal, but not advised. I know you can't in a school zone.
      He also says you have to have a rifle,shotgun, or long gun in a locked container. One ,more thing he thinks you have to have ammo and gun seperated in locked containers.
      This all comes to what is considered "loaded" in CA and how you can not have a loaded firearm in public places.

      FUD on what is considered "loaded", is what makes some people insist that it is not legal to store ammo in a locked container containing a firearm and how a loaded magazine/speedloader is considered a loaded firearm.

      CA Penal Code 12031(g) says ammo has to be attached to a firearm to be considered loaded. CA case law (People v ClarkPenal Code 12031
      (g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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      • #4
        Cokebottle
        Seņor Member
        CGN Contributor - Lifetime
        • Oct 2009
        • 32373

        He is 100% incorrect... and no, you won't find "examples" of what is "legal" in the PC.
        The PC dictates what is ILLEGAL... anything not defined as illegal is LEGAL.

        If he is going to claim that something is illegal, then it is his responsibility to cite the relevant PC that dictates that it is indeed illegal.
        YOU can't prove a negative... it's on him.

        626.9 - Gun free school zones. They refer only to "guns capable of being concealed on one's person"... long guns are not covered.
        However, the federal GFSZ does specify long guns.

        PC12025 relates to carrying concealed (which would include transport in a vehicle in an unlocked container). It does not address (or prohibit) open carry, and it does not apply in any way to long guns.
        PC12026 provides limited exemptions to 12025. This is a rare case of the PC addressing what is legal, as opposed to what is illegal, but only because it is listing exemptions to what is ordinarily an illegal act.
        IOTW, under PC12026, it is actually legal to carry a concealed weapon (handgun) without a license under specific circumstances.
        12026 also defines that a secure, locked container provides an exemption from 12025.

        Once again, both statutes address only handguns, not long guns.

        On the issue of ammo, there are no restrictions on the transportation of ammo, other than it being illegal to carry ammo onto school grounds.


        BC9696 sounds EXACTLY like the Turner's Chino Hills employee who gave me the "safe handling demonstration lecture".... gun locked in the trunk, ammo in a separate locked container, preferably in the passenger compartment.

        This is ANCIENT gun-shop FUD that has been spread as long as I've been going to gun shops... even before the days of mandatory registration.

        It has NEVER been illegal to transport the gun and ammo in the same locked container. It has never been illegal to transport the magazines loaded.
        It has never been illegal to open carry unloaded (outside of school zones), with loaded magazines in your possession (except for gun shows, where it is illegal to possess ammo of the same caliber as a gun you are UOC). The one provision on UOC is that the magazines must also be unconcealed.
        - Rich

        Originally posted by dantodd
        A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44625

          And there's a large collection of articles at the Calguns Foundation Wiki that address various parts of your question.

          And the PC is on-line in several places:


          ... and others.
          Last edited by Librarian; 06-19-2010, 12:17 AM.
          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

          • #6
            Unit74
            Senior Member
            • Apr 2009
            • 2359

            You can also acquire a recent copy of the Peace Officers Legal Source Book.

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