Help with bringing in a firearm to CA

[Garbcollector]

I'd sell the sbr before moving to ca

[jarhead714]

I'd sell the sbr before moving to ca

He can sell it as a pistol lower for probably 12-1500 bucks here.🤔

[ar15barrels]

He can sell it as a pistol lower for probably 12-1500 bucks here.🤔

Actually, no for a couple reasons.
First, you can't sell a registered SBR without it transferring as an NFA SBR and that won't get approved in CA and 2nd reason is that people are not paying much over $500 for pistol lowers anymore.

[jarhead714]

Actually, no for a couple reasons.
First, you can't sell a registered SBR without it transferring as an NFA SBR and that won't get approved in CA and 2nd reason is that people are not paying much over $500 for pistol lowers anymore.

😉 i’m meeting a gentleman at RifleGear this weekend to pick one up for 450.

[csuengr]

Thank you for all the replies and assistance. I have another question involving transporting long guns. Does a soft bag with a lock count as a locked container? I have quite a few soft bags that I use here and am wondering. Thank you.

[foothillman]

California is more concerned about "concealable firearm...handgun" in vehicle.
M2C.....Long gun, not loaded, in case locked zipper, out of view "covered with blanket" should be legal.....M2C
Note: If you get pulled over in California and the LEO can see "firearm or firearm case" he has the authority to inspect and confirm if it is unloaded.
Out of view is your friend.

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, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county.

(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.

25140
(a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box.
(b) A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, if unable to otherwise comply with subdivision (a), lock the handgun out of plain view within the center utility console of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.
(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).

(d) (1) As used in this section, the following definitions shall apply:

(A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.

(B) “Locked toolbox or utility box” means a fully enclosed container that is permanently affixed to the bed of a pickup truck or vehicle that does not contain a trunk, and is locked by a padlock, keylock, combination lock, or other similar locking device.
(C) “Peace officer” means a sworn officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties, while that officer is on duty or off duty.
(D) “Trunk” means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck.
(E) “Vehicle” has the same meaning as specified in Section 670 of the Vehicle Code.
(2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
(3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted, with or without illumination.
(e) This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties.
(f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016.
(Amended by Stats. 2018, Ch. 94, Sec. 1. (SB 1382) Effective January 1, 2019.)

When a dealer delivers a firearm CADOJ assumes you will drive home.
25140 enforced for all other transportation reasons...handgun.

26815
No firearm shall be delivered:
(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later.

(b) Unless unloaded and securely wrapped or unloaded and in a locked container.

(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

FAQ CADOJ.........

SHOTGUNS AND RIFLES
Nonconcealable firearms (shotguns and rifles) are not generally covered within the provisions of California Penal Code section 25400 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported.

[foothillman]

OLD but.....#12 https://www.calguns.net/forum/politi...stion?t=901836

Transporting

Transporting handguns:

Place the unloaded handgun in a secure completely enclosing case and lock it in.

There is no guidance on what 'secure' means.

Gun locks purchased with the gun or otherwise do not meet the 'completely enclosed locked case' requirement.

The locked case with the unloaded handgun may be transported anyplace within a motor vehicle, and inside an outer case, range bag or backpack.

The law provides that the glove box of a vehicle is not acceptable as a locked container for transport - but does not define 'glove box'.

The law provides that the 'utility compartment' of a vehicle is not acceptable as a locked container for transport - but does not define 'utility compartment'.

There is concern that somehow attaching a separate locked container to one's vehicle makes that container a 'utility compartment'. Nobody knows if that is accurate.

A locked trunk is acceptable as a place to transport an unloaded handgun.

There are concerns expressed about 'pass-through' seats and remote trunk releases. Nobody knows for sure if those may be a problem.

Unloaded locked case is California's general rule for transporting handguns and is also the rule in California's Gun Free School Zone law.

Notes:

A disassembled firearm is still a firearm - if that firearm needs to be in a locked container, disassembling it does not change that requirement.

A 'cable lock' or 'trigger lock' is NOT a legal substitute for a locked container.

Transporting long guns:

California law is silent about IN-Vehicle transport of long guns.

California 'registered assault weapons' follow the same rules as handguns.

Federal law, the Gun Free School Zone, requires long guns to be EITHER in a locked container OR in a locking gun rack.

California law DOES regulate transport of long guns OUT OF a vehicle: in general, in an incorporated area, long guns must be cased. If the case is not designed as a gun case, the case must also be locked.

Transporting ammunition:

Both California and Federal law are silent on the transportation of ammunition.

So long as not transported in the gun to make it loaded, ammunition may be transported at any location in a vehicle, covered or open, locked or unlocked.

See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/Transporting

Last edited by Librarian; 05-19-2014, 12:29 PM.

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!

https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PEN&division=&title=&part=6.&chapter=&article=&nodetreepath=9

[sigstroker]

So I swap the stock out for a brace, fix the magazine, and I am good? That seems too easy.

You can't change a rifle into a pistol anywhere in the U.S. unless it started life as a pistol. The easiest thing is to put a 16" barrel on it without a flash hider, put a kali-pistol grip on it, a fixed stock, and block all your mags to 10 rounds.

Generally, the law considers what it is by it's configuration. If it has a 16" barrel it's not a short-barreled rifle. You prob don't have to unreg it.

After living in kali for awhile, you may wish you had looked for a new fiancee in the first place.

[Deelayed]

😉 i’m meeting a gentleman at RifleGear this weekend to pick one up for 450.

Rifle gear is a solid place with solid people .

[Deelayed]

The lower being an NFA registered SBR is not an issue in CA.
i have SBR’s registered in other states that live in CA configured as pistols.
You won’t be able to change your SBR registration to a CA address but you can keep it registered in any state that allows SBR’s.

Its the actual configuration of the gun that matters in CA.
if you put a 16” barrel on it and go either fixed mag or featureless, the gun will be a CA compliant rifle.
You could also make it a CA compliant pistol by removing the stock and fixing the magazine.

When you take away the federal features that made your Federal SBR need to be registered, the resulting gun no longer falls into the requirement to notify when you transport it out of the state it’s SBR registered in and thats how you can bring it to CA.

There's ways to make it a fixed mag without making it a fixed mag without breaking the law without permanently making it a fixed mag I think I learned on this website I probably said too much or maybe not enough

[Deelayed]

California is more concerned about "concealable firearm...handgun" in vehicle.
M2C.....Long gun, not loaded, in case locked zipper, out of view "covered with blanket" should be legal.....M2C
Note: If you get pulled over in California and the LEO can see "firearm or firearm case" he has the authority to inspect and confirm if it is unloaded.
Out of view is your friend.





When a dealer delivers a firearm CADOJ assumes you will drive home.
25140 enforced for all other transportation reasons...handgun.



FAQ CADOJ.........

Unloaded as in empty chamber ?

[foothillman]

Unloaded as in empty chamber ?

Yes and not attached to firearm.
The firearm and ammunition can be in same container.
OP was asking about transportation into CA.
Was making sure he kept any firearm case or firearm out of view during transportation in CA.

Legal transportation of "unloaded" pistol.




16840

(a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person.

(b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive,
(1) A firearm shall be deemed to be “loaded” 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 .
(2) Notwithstanding paragraph (1), 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.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

[ar15barrels]

I probably said too much or maybe not enough

Yes.
But there's no way around the "Colt AR-15" markings that are likely stamped on the lower.

[jarhead714]

Yes.
But there's no way around the "Colt AR-15" markings that are likely stamped on the lower.

Oh, you mean like the NIB AR-15A4 that’s been in the Marketplace for a month?😂

[ar15barrels]

Oh, you mean like the NIB AR-15A4 that’s been in the Marketplace for a month?😂

I don't know anything about that.
Lots of illegal stuff is available for sale if you look hard enough.
Drugs, Children etc...