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  • diginit
    Veteran Member
    • Feb 2008
    • 3250

    Concieled Carry Loaded

    From the NRA/ILA 2007 laws for California:

    Carrying a handgun concealed is prohibited without
    a license. The law states “Firearms carried openly in belt
    holsters are not concealed within the meaning of this
    section.”
    Carrying a handgun concealed within a vehicle is
    prohibited without a license. A handgun carried in a glove
    compartment or under the seat of a vehicle is considered
    to be concealed. A handgun placed in the trunk of an
    automobile, or locked in a container in the vehicle other
    than the utility or glove compartment or while in a locked
    container carried directly to or from a vehicle is deemed
    not to be “concealed.” A locked container means a fully
    enclosed secure container locked by a key lock or similar
    locking device.
    Exceptions to this prohibition are: members of clubs
    organized for practice shooting while on any established
    target range or going to and from such range; licensed
    hunters and fishermen while engaged in hunting or
    fishing and while going to or from such hunting or fishing
    expeditions and members of an antique or historical
    collector’s club while at a show, or while going to and from
    a display as long as the weapons are locked in a trunk or
    are in a locked container.

    Do I understand this correctly? I can Carry loaded under the circumstances of the bold print? Legally?
    Last edited by diginit; 08-16-2010, 11:07 PM.
  • #2
    Camsnappersc
    Senior Member
    • Mar 2009
    • 532

    In! Id like to know.

    Comment

    • #3
      Window_Seat
      Veteran Member
      • Apr 2008
      • 3533

      Originally posted by diginit
      From the NRA/ILA 2007 lawa for California:

      Exceptions to this prohibition are: members of clubs
      organized for practice shooting while on any established
      target range or going to and from such range;as long as the weapons are locked in a trunk or
      are in a locked container.

      Do I understand this correctly? I can Carry loaded, Concieled under the circumstances of the bold print? Legally?
      The last part is the part that deems locked in trunk or container necessary for the entire section.

      Erik.

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by diginit
        From the NRA/ILA 2007 lawa for California:

        Carrying a handgun concealed is prohibited without
        a license. The law states “Firearms carried openly in belt
        holsters are not concealed within the meaning of this
        section.”
        Carrying a handgun concealed within a vehicle is
        prohibited without a license. A handgun carried in a glove
        compartment or under the seat of a vehicle is considered
        to be concealed. A handgun placed in the trunk of an
        automobile, or locked in a container in the vehicle other
        than the utility or glove compartment or while in a locked
        container carried directly to or from a vehicle is deemed
        not to be “concealed.” A locked container means a fully
        enclosed secure container locked by a key lock or similar
        locking device.
        Exceptions to this prohibition are: members of clubs
        organized for practice shooting while on any established
        target range or going to and from such range; licensed
        hunters and fishermen while engaged in hunting or
        fishing and while going to or from such hunting or fishing
        expeditions and members of an antique or historical
        collector’s club while at a show, or while going to and from
        a display as long as the weapons are locked in a trunk or
        are in a locked container.

        Do I understand this correctly? I can Carry loaded under the circumstances of the bold print? Legally?
        there are exemptions to the concealed carry law that those types of activities fall under. But that exemption does not extend to loaded firearms.

        Read 12027 for the exemption to carry a concealed firearm to and from those listed activities above, but not that it is is only an exemption to 12025, which bans concealed carry, and not an exemption to 12031, which deals with loaded firearms.
        Last edited by ke6guj; 08-16-2010, 11:14 PM.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          diginit
          Veteran Member
          • Feb 2008
          • 3250

          From the NRA/ILA 2007 laws for California:


          Carrying a handgun concealed is prohibited without
          a license. The law states “Firearms carried openly in belt
          holsters are not concealed within the meaning of this
          section.”
          Carrying a handgun concealed within a vehicle is
          prohibited without a license. A handgun carried in a glove
          compartment or under the seat of a vehicle is considered
          to be concealed. A handgun placed in the trunk of an
          automobile, or locked in a container in the vehicle other
          than the utility or glove compartment or while in a locked
          container carried directly to or from a vehicle is deemed
          not to be “concealed.” A locked container means a fully
          enclosed secure container locked by a key lock or similar
          locking device.
          Exceptions to this prohibition are: members of clubs
          organized for practice shooting while on any established
          target range or going to and from such range; licensed
          hunters and fishermen while engaged in hunting or
          fishing and while going to or from such hunting or fishing
          expeditions and members of an antique or historical
          collector’s club while at a show, or while going to and from
          a display as long as the weapons are locked in a trunk or
          are in a locked container.


          So where are the exemptions? There don't seem to be any....More DOJ doubletalk?

          I've read here that licensed Hunters are allowed to CCL on the way to and from the hunt. This seems to renig that statement.

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by diginit
            So where are the exemptions? There don't seem to be any....More DOJ doubletalk?

            I've read here that licensed Hunters are allowed to CCL on the way to and from the hunt. This seems to renig that statement.
            here is the exemption.
            12027. Section 12025 (concealed firearm ban) does not apply to, or affect, any of the following:
            (f) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using pistols, revolvers, or other firearms capable of being concealed upon the person upon the target ranges, or transporting these firearms unloaded when going to and from the ranges.

            (g) Licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              Cokebottle
              Señor Member
              CGN Contributor - Lifetime
              • Oct 2009
              • 32373

              Refer to the PC directly.

              I've seen this before and compared it to the PC, and this seems to be incorrect WRT "to and from" a gun range.

              12026.1:
              (a)Section 12025 shall not be construed to prohibit any 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 other than the utility or glove compartment.
              (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 this chapter.
              (c)As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
              12026.1 provides an exception to 12025, which prohibits unlicensed concealed carry. 12026.1 clearly requires a locked container.

              The other statute is 12026.2, which is quite lengthy....
              12026.2(a)Section 12025 does not apply to, or affect, any of the following:
              (1)The possession of a firearm by an authorized participant in a motion picture, television, or video production or entertainment event when the participant lawfully uses the firearm as part of that production or event or while going directly to, or coming directly from, that production or event.
              (2)The possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while going directly to, and coming directly from, those meetings.
              (3)The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.
              (4)The transportation of a firearm by a person listed in Section 12026 directly between any of the places mentioned in Section 12026.
              (5)The transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm.
              (6)The transportation of a firearm by a person listed in Section 12026 when going directly from the place where that person lawfully received that firearm to that person's place of residence or place of business or to private property owned or lawfully possessed by that person.
              (7)The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner.
              (8)The transportation of a firearm by an authorized employee or agent of a supplier of firearms when going directly to, or coming directly from, a motion picture, television, or video production or entertainment event for the purpose of providing that firearm to an authorized participant to lawfully use as a part of that production or event.
              (9)The transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range.
              (10)The transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 12050 when done at the request of the issuing agency so that the issuing agency can determine whether or not a license should be issued to that person to carry that firearm.
              (11)The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and campgrounds.
              (12)The transportation of a firearm by a person in order to comply with subdivision (c) or (i) of Section 12078 as it pertains to that firearm.
              (13)The transportation of a firearm by a person in order to utilize subdivision (l) of Section 12078 as it pertains to that firearm.
              (14)The transportation of a firearm by a person when going directly to, or coming directly from, a gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm in accordance with subdivision (d) of Section 12072.
              (15)The transportation of a firearm by a person in order to utilize paragraph (6) of subdivision (a) of Section 12078 as it pertains to that firearm.
              (16)The transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and if that firearm is being transported to a law enforcement agency, the person gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency.
              (17)The transportation of a firearm by a person in order to comply with paragraph (2) of subdivision (f) of Section 12072 as it pertains to that firearm.
              (18)The transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law, if he or she gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition according to law.
              (19)The transportation of a firearm by a person in order to comply with paragraph (3) of subdivision (f) of Section 12072 as it pertains to that firearm.
              (20)The transportation of a firearm by a person for the purpose of obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 12092.
              (b)In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
              (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.
              (d)As used in this section, "locked container" means a secure container which 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.
              Looks good at first.... but here's the rub.
              All of those conditions listed under 12026.2(a)(1-20) are governed by:
              12026.2(b)In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
              This is also where the debate stems from WRT the legality of a "trunk gun", and for that matter, LUCC in general.

              I don't know if there is any case law that clarifies this... but from reading 12026.2(b), I would say that the NRA information is incorrect.
              - 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

              • #8
                diginit
                Veteran Member
                • Feb 2008
                • 3250

                Thank you all for the info. It seems that no matter what, A handgun must be unloaded in a locked case. Unless in a holster on a belt(unloaded of course) while in a vehicle.
                Am I getting this? Should have gone to school instead of working, I guess.
                But it seems to me that all these exemptions are pointless. as per 12026.2(a)
                Last edited by diginit; 08-16-2010, 11:32 PM.

                Comment

                • #9
                  CSDGuy
                  Veteran Member
                  • Mar 2007
                  • 3763

                  Read PC 12027 for the exemptions that the OP had originally highlighted. The exemptions are buried in there, and that section is about as lengthy as 12026.2... if not more so.

                  Comment

                  • #10
                    diginit
                    Veteran Member
                    • Feb 2008
                    • 3250

                    Originally Posted by Glock22Fan
                    This always seems cockeyed to me. What's the point in being at the range or being at a show if the firearm has to be locked in a trunk or locked container while you are there. Obviously the last clause can't apply to ALL the first part, so does it apply to any of it?
                    IMO. I believe that the PC applies to transport of the firearm. Not use or display where legal to do so.

                    Comment

                    • #11
                      Window_Seat
                      Veteran Member
                      • Apr 2008
                      • 3533

                      Originally posted by diginit
                      Thank you all for the info. It seems that no matter what, A handgun must be unloaded in a locked case. Unless on a holster on a belt.
                      Am I getting this? Should have gone to school instead of working, I guess.
                      But it seems to me that all these exemptions are pointless.
                      And full of double talk...

                      Another example is 12020 (b) (21), and I'm still looking to see whether the infinite wisdumb in Sacramento seriously screwed up, or meant it purposely:


                      12020. (a) Any person in this state who does any of the following
                      is punishable by imprisonment in a county jail not exceeding one year
                      or in the state prison:

                      (2) Commencing January 1, 2000, manufactures or causes to be
                      manufactured, imports into the state, keeps for sale, or offers or
                      exposes for sale, or who gives, or lends, any large-capacity
                      magazine.

                      (b) Subdivision (a) does not apply to any of the following:

                      (21) The sale or purchase of any large-capacity magazine to or by
                      a person licensed pursuant to Section 12071
                      .
                      Erik.

                      Comment

                      • #12
                        diginit
                        Veteran Member
                        • Feb 2008
                        • 3250

                        Originally posted by CSDGuy
                        Read PC 12027 for the exemptions that the OP had originally highlighted. The exemptions are buried in there, and that section is about as lengthy as 12026.2... if not more so.

                        12026.2(b) seems to cancel all the exeptions listed in 12027. Unless I misunderstand, Most of this print is void. A waste of paper and tax dollars.

                        Comment

                        • #13
                          diginit
                          Veteran Member
                          • Feb 2008
                          • 3250

                          Is the CA PC written on a cocktail napkin?

                          Comment

                          • #14
                            ke6guj
                            Moderator
                            CGN Contributor - Lifetime
                            • Nov 2003
                            • 23725

                            Originally posted by diginit
                            12026.2(b) seems to cancel all the exeptions listed in 12027. Unless I misunderstand, Most of this print is void. A waste of paper and tax dollars.
                            12026, 12026.1, 12026.2, and 12027 are all exemptions to 12025. If you qualify for any one of them, you are exempt. You don't have to meet all of them in order to be exempt.
                            Jack



                            Do you want an AOW or C&R SBS/SBR in CA?

                            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                            Comment

                            • #15
                              SJgunguy24
                              I need a LIFE!!
                              • May 2008
                              • 14849

                              I carried a loaded gun everyday when I worked at the shop. We weren't required but it was encouraged and everybody did.
                              We had a delivery (big rig) and when the guy pulled up out back we opened the door and the driver spots one guys gun. He asked about the gun and then the boss said we're all packing. The look on the dudes face was classic.
                              I showed him a couple of the AK pistols I was working on and he couldn't believe that any of that stuff was legit.
                              There are 3 kinds of people in this world.
                              The wise, learn from the mistakes of others.
                              The smart, learn from their own mistakes.
                              The others, well......they just never learn.

                              "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
                              Patrick Henry.

                              Comment

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