Routine traffic stop, asked about my registered firearms

[sl0re10]

I agree. To me, the cop's question was on par with asking, "Have you been drinking tonight?" Not many people (even here) would have a problem with being asked that, because deep down inside they don't view drinking as doing something wrong or illegal. I don't have a problem being asked about my guns for the same reason. And, frankly, as a responsible, nonprohibited person, it doesn't bother me in the least that an LEO might find out about them via a database. Owning guns is not a crime, and if enough people stand up and be counted, it never will be. Soap box plea to all: stop thinking and acting like you're doing something wrong. Help make gun ownership normal and socially acceptable again in all parts of this state.

By the way, I listened to the recording, and I thought the OP's response was completely appropriate, and the entire situation was well handled by both parties involved. Good job, dorbie!

ummm; no people think asking about drinking is a fair question since it has a connection to driving and being illegal... and also a connection to bad driving... which they might have just been doing before being pulled over.

[sl0re10]

How about if he asks "do you have any firearms in the car" responding "none that are illegal and none that are being transported illegally"...wouldn't that put the ball back in the LEO's court?

Nope. It would trigger a totally legal (its in the penal code as a public law) safety check being allowed. Step out of the vehicle. Have fishing expedition / legal search of your car.

[sl0re10]

Actually, he didn't 'choose' to participate in the system, current laws of CA forced him into being placed into the system. Cops are quite safe in those states that have no such registration
The cop could have successfully completed 'his job' by never even inquiring about guns, never running a check to see if he owns guns in the first place, that action has absolutely zero to do with a traffic infraction.
Necessary=no=Intrusion

yeah; the argument that it has a connection to driving since there is a law against it while driving was kinda... weak.

same arguments can be used about questioning people walking down the street.....

also fun that he uses terms like reactionary against people taking a ACLU like stance.... while arguing in favor of gov power to question people without probable cause... at least he is banned.

[sl0re10]

well; that and I'm afraid I may have done some totally innocent thing that's a crime... since everything is illegal these days... that I might not even know was illegal...

Feeding ducks at the pond huh? So you were interfering with migrating birds you say....

[sl0re10]

Also, it's perfectly legal to have an unloaded gun in a locked case with loaded magazines in the same locked case. The mags just can't be inserted into the gun. So telling people to carry ammo in a separate locked case is FUD.

If its not a long gun you need a reason to have it in the car too. Like going shooting, to the gunsmith, et cetera. Just a heads up. See; another crazy law someone could get popped for.

[TeddyBallgame]

If its not a long gun you need a reason to have it in the car too. Like going shooting, to the gunsmith, et cetera. Just a heads up. See; another crazy law someone could get popped for.

WHAT? i don't think that is true

can you quote this crazy law that im not aware of?

im not trying to clown you or anything, but, i carry my case and firearm all the time in my car...i've never seen or heard of any law that requires me to be going to a range or gunsmith only...only that it must be transported in a legal manner, with no qualms about where i might be going

[TeddyBallgame]

Slow day on CalGuns, ready to pounce, are we?

I said this was the NRA's interpretation, which I think is best to follow.

Laws can be interpreted many ways...what they say is legal, what they don't say is legal.
I'll go with the NRA lawyers' safest-for-me interpretation of the law and suggestions.

Clark only counts in CA by a CA LEO.

---------------

From the Fed law itself, there is a problem:
or ammunition shall be contained in a locked container other than the glove compartment or console."

So reading this, it's OK to have the gun unlocked and uncased, as long as the ammo is locked and cased?

Shouldn't "or" be "and" to be consistent with the first part of the law requiring guns and ammo to be in a locked container (car trunk)?
(Yes I understand that a car trunk is one container, but not many cars have two locking trunks so only one is specified).

The inconvenience of two locked cases, one for ammo, one for guns is a lot less than the inconvenience of going up on any Fed charge.

My personal thoughts are to minimize time spent detained by LE by doing everything I can to honor both the letter and spirit of the law.
Since I can't control who will pull me over,

You guys are, of course, welcome to your own interpretation.

(Who was beleaguered before?)

that's not quite true...in fact, in your original post, aside from the linked article itself, you never even mentioned NRA, let alone it being an interpretation from the NRA that you were talking about...all you said, as bolded below, was that while CA law says loaded mags in the same locked case as the gun is OK, Federal law does not...i see nothing with YOU actually saying it was an NRA interpretation

While CA law says loaded mags in the same locked case as the gun is OK, Federal law does not:

"Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered."

http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx

CA law is contrary to Fed law.
Of course, Fed law is in effect everywhere, even in CA.
So, if you get checked by a Fed agent in CA, and are transporting your guns and ammo CA-legal-style, you are in violation of Fed law.
If you transport out of state, you need to follow Fed law.

It would be nice if all the posters here do not jump on the newbs when they ask how to legally transport.
Many laws are passed on by word of mouth.
Since Fed law was the only law for years, it's not surprising that many people think that is what is required (gun locked separate from ammo locked).
Many older cops seem to only know the Fed laws, this can make for awkward moments for CA gun owners who choose to put guns and ammo in the same container.

[Mayor McRifle]

WHAT? i don't think that is true

can you quote this crazy law that im not aware of?

im not trying to clown you or anything, but, i carry my case and firearm all the time in my car...i've never seen or heard of any law that requires me to be going to a range or gunsmith only...only that it must be transported in a legal manner, with no qualms about where i might be going

http://www.oclaw.org/research/code/c...l#.U-NyY2K9KSM

[dyson]

I hear you. The more I read posts on Calguns, the more I think there must be two completely different Californias.

you don't know this by now? there's the main coastal urban areas and then there's gun country everywhere outside of the coast. Two different CA's

[sl0re10]

WHAT? i don't think that is true

can you quote this crazy law that im not aware of?

im not trying to clown you or anything, but, i carry my case and firearm all the time in my car...i've never seen or heard of any law that requires me to be going to a range or gunsmith only...only that it must be transported in a legal manner, with no qualms about where i might be going

I know; I can tell your just asking.

I think it comes down to the state claiming handguns are concealed weapons even when in locked containers in the car. Ergo rules kick in about 'carrying' concealed weapons you might not expect. Its allowed in some instances.... but only in them... check the bolded section for one. You can transport a concealed weapon if you have a lawful purpose (like going shooting at a range) for carrying the 'concealed' weapon.... you can't just 'carry a concealed weapon around' in the car for self defense. You need to take it to and from the car.... for a lawful purpose. Its confusing wording but is my understanding that means you are obligated to take it to and from the car.. for the purpose at hand... and not to just leave it in the car.

In a vehicle
Penal Code 25400 (old 12025) creates the crime of carrying a concealed firearm. Penal Code 25610 (old 12026.1) and 25505 (old 12026.2) provide an exception for transporting a concealed weapon, if the correct procedure is followed
25610. (a) A citizen of the United States over the age of 18 years
who resides or is temporarily within this state, and who is
not prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm, from transporting
or carrying any pistol, revolver, or other firearm capable of
being concealed upon the person, provided that the following
applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked
in the vehicle's trunk or in a locked container in the vehicle.
(2) The firearm is carried by the person directly to or from
any motor vehicle for any lawful purpose and, while carrying
the firearm, the firearm is contained within a locked
container.
(b) The provisions of this section do 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 the provisions listed in Section
16580.

Rifles are not concealed weapons so these rules do not apply.

[realitycheck]

all these guys with a chip on their shoulder about cops and their rights, it only seems that way.

[JDay]

http://www.oclaw.org/research/code/c...l#.U-NyY2K9KSM

CA PC 12025 no longer exists.

[ojisan]

Teddy, the internet values brevity, which is why I tried to not post a long reply.
It's too bad you didn't bother to take the time to review the link.
You didn't notice the NRA-ILA in the link address?
It was included so you could see what the NRA has to say regarding this murky law.
It's obvious that the law is not written correctly, leading to many different understandings.

Transport your guns and ammo in what ever way you feel comfortable with.

Have a nice day.

[sl0re10]

CA PC 12025 no longer exists.

its been renumbered... still a crime.

[Tripper]

Routine traffic stop, asked about my registered firearms

No it's not


Sent from my iPhone using Tapatalk