Transporting Guns Without A Car

[alfred1222]

Actually I could beat the ride. Now how I do it is another story.

Please, do tell, how would you beat the ride?? an 18 year old guy with a gun (or gun case) strapped to his back and riding a bike down the street would most definitely attract police attention.

Oh and should've refused the search. That's what I would've done.

The police officer saw what he perceived as a range bag in plain view. In his mind, that meant that their was a possibility of a weapon in the vehicle, and he had the right to search for that weapon in order to ascertain whether it was being transported legally or not. What you say doesn't matter at that point, the officer is going to look for the gun that he thinks is there. Sure, you can take down his name and badge number, but good luck getting a judge to agree that the officer was in the wrong when he searched your car. The best way to avoid a search is to not have anything in plain view that could give the officer a reason to search.

[Maddog5150]

Hmmmm. I'd say skip the gun this time and take the 1000 bucks spent on an EBR and buy a cheap ride off craigslist

[Quiet]

Oh and should've refused the search. That's what I would've done.

The police officer saw what he perceived as a range bag in plain view. In his mind, that meant that their was a possibility of a weapon in the vehicle, and he had the right to search for that weapon in order to ascertain whether it was being transported legally or not. What you say doesn't matter at that point, the officer is going to look for the gun that he thinks is there. Sure, you can take down his name and badge number, but good luck getting a judge to agree that the officer was in the wrong when he searched your car. The best way to avoid a search is to not have anything in plain view that could give the officer a reason to search.

In addition...
Since the LEO believes there is a firearm involved, the LEO can search & determine to see if the firearm is loaded. Refusing to allow the LEO to search/check, is grounds for arrest for having a loaded firearm in public place (even if there is no loaded firearm). [PC 25850(b)]



Penal Code 25850
(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the 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.
(b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of
this section.
(g) Notwithstanding paragraphs (2) and (3) of subdivision (a) of Section 836, a peace officer may make an arrest without a warrant:
(1) When the person arrested has violated this section, although not in the officer's presence.
(2) Whenever the officer has reasonable cause to believe that the person to be arrested has violated this section, whether or not this section has, in fact, been violated.

[cs101]

you might want to do some research before getting on a public bus.

from L.A.'s MTA site:

"Entering a Metro facility or vehicle with a weapon or instrument intended for use as a weapon is prohibited. This provision does not apply to law enforcement or security personnel."

http://www.metro.net/about_us/ethics/images/Customer-Code-of-Conduct-rev.pdf

Amtrak allows you to check a weapon, with a number of provisions. Just google "Amtrak and firearms".

Keyword here is "intended for use as a weapon". Unloaded and locked in a case shows intentions for transport.

But yes, it would be best not to attract ANY attention.

I'm no expert.

I did get pulled over the other day for a cell phone and they searched my car because they saw a maxpedition bag that can be used for conceal carry.

Just seeing that stupid bag I use for hiking was enough for them to get riled up thinking I'd be an easy arrest for illegal transport of a handgun.

A young man with a long gun *will* arouse suspicion, and very possibly get police intervention.

I'm sure you will transport it in a safe and legal manner. Regardless, *NOTHING* good can EVER come from a police encounter. It's their job to find a reason to arrest you. You may beat the rap, but you won't beat the ride.

Take a cab.

There is no possible good outcome if you travel with that rifle any other way. It simply isn't worth the risk.

worse comes to worse, ask for a ride from a calgunner. Somebody will help you. Nobody wants to see a guy risk trouble over nothing.

^this.

[MASTERNOOB]

So when can you open carry a loaded gun at that point then?

[alfred1222]

So when can you open carry a loaded gun at that point then?

You cant open carry any type of gun that is LOADED. thats why its called UOC, UNLOADED Open Carry. Also, open carry of handguns is illegal now, and it has been heavily advised that people dont go around UOC'ing long guns. it just isnt a good idea. there is no need to draw attention to yourself.

[MasterrEugene]

open carry...oh wait

lol

[MASTERNOOB]

So then if something happens and you need to use your gun but it's unloaded. That doesn't make any sense.

[Librarian]

So then if something happens and you need to use your gun but it's unloaded. That doesn't make any sense.

No, but so far, California has laws that allow concealed carry rather than open carry. That's how one gets to carry loaded.

And I'm sure you are aware of the different degrees of difficulty getting an LTC, depending on where one lives.

[MASTERNOOB]

Shotgun is non concealable and doesn't have a CCW available. It's N/A

[Librarian]

Shotgun is non concealable and doesn't have a CCW available. It's N/A

Legislature is entirely unsympathetic to carrying loaded long guns outside the context of hunting and target ranges.

[alfred1222]

So then if something happens and you need to use your gun but it's unloaded. That doesn't make any sense.

MASTERNOOB, what is the "something" that youre afraid will happen??? why does an 18 year old need to carry a loaded shotgun?? Now im not bashing CCW and UOC, but I honestly dont think that anyone who has, never been shooting, never learned gun safety, and who is only 18 years old, should be carrying a gun around on the streets.

[Quiet]

So when can you open carry a loaded gun at that point then?

In CA, you can legally open carry a loaded firearm, when you are in an area that is legal to discharge a firearm.
Examples... shooting range & BLM land.

Anywhere else it's a violation of CA's loaded firearm in public laws. [PC 25850(a)]


Penal Code 25850
(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the 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.

[MASTERNOOB]

What BLM land?

[alfred1222]

What BLM land?

http://wiki.calgunsfoundation.org/Firearms_on_Federal_Bureau_of_Land_Management_Property

http://www.blm.gov/ca/st/en.html

google is your friend