Unloaded Open Carry while driving

[Shinobi'sZ]

So if I'm coming home from the range and I have my pistol in a holster on a belt is it still considered Unloaded Open Carry if it is not around my waist and simply lying on the seat or in the back seat?

I was wondering about this because as long as it is in a holster it is not conceilable right? Unloaded of course.

But lets say I had my gun in the holster on the belt, and the mags somewhere else like my pocket or glove box....am I still within the provisions of the law?

Thanks

[Crom]

yes its fine. It's called open transport if it's open but not on your person. Beware of school zones.

[Shinobi'sZ]

yes its fine. It's called open transport if it's open but not on your person. Beware of school zones.

So the same rules apply as if it were on your person. Meaning that for UOC the firearm can be in a holster, with loaded magazines (not in it of course) but also on the belt in a magazine holder?

Can that same firearm in a holster on a belt with loaded magazines also in a mag holder be in the trunk?

[Librarian]

So the same rules apply as if it were on your person. Meaning that for UOC the firearm can be in a holster, with loaded magazines (not in it of course) but also on the belt in a magazine holder?

Can that same firearm in a holster on a belt with loaded magazines also in a mag holder be in the trunk?

Yes - that would be PC 12026.1-compliant locked-container transport.

[FLIGHT762]

yes its fine. It's called open transport if it's open but not on your person. Beware of school zones.

The downside of UOC in the vehicle is driving through School zones. You could get bit by that.

[CaliB&R]

So if I'm coming home from the range and I have my pistol in a holster on a belt is it still considered Unloaded Open Carry if it is not around my waist and simply lying on the seat or in the back seat?

I was wondering about this because as long as it is in a holster it is not conceilable right? Unloaded of course.

Correct like Crom said, Open Transport, and watchout for GFSZs.

But lets say I had my gun in the holster on the belt, and the mags somewhere else like my pocket or glove box....am I still within the provisions of the law?

No, magazines, if loaded must also be unconcealed, law saws they are a part of the firearm, and thus if they are concealed the gun is too. Safest bet is to lock everything in the truck or a case of some sort.

Thanks

So the same rules apply as if it were on your person. Meaning that for UOC the firearm can be in a holster, with loaded magazines (not in it of course) but also on the belt in a magazine holder?

Can that same firearm in a holster on a belt with loaded magazines also in a mag holder be in the trunk?

Yes, but if you live in a GFSZ and don't own a garage or at least a fenced in yard, when you take it out your breaking the law.

[IrishPirate]

make sure it's not on your right side though....if your seatbelt covers your gun as much as mine does then it could be construed as CCW w/o a permit....

When i go fishing and have to drive to a few spots to see where they're biting I just pop out the magazine, put it on my lap, and put the gun on the dash. I'm 100% sure there are no schools anywhere near by though. once i stop and get out, the mag goes in the gun and the gun goes in my holster and under my shirt. (CCW ok for licensed fishermen while fishing )

[NightOwl]

You don't chamber a round, IrishPirate?

[E Pluribus Unum]

Some say here that there is plenty of case law that points to the notion that a roadway does not trigger a "prohibited area" in 12031 in unincorporated areas, and Fish and Game Code 2006 that bans loaded weapons in vehicles in unincorporated areas does not apply to handguns... it is quite possible that openly carrying a loaded handgun in a vehicle in an unincorporated area just might be "technically legal".

[Shinobi'sZ]

The downside of UOC in the vehicle is driving through School zones. You could get bit by that.

Right but I'm am traveling down the freeway and have my gun on a belt in holster. Somebody mentioned that if it was in a holster it would meet the "locked container" rule.

Interestingly I ran into a Sgt. at a coffee shop and decided to ask him if he was aware of UOC...and he was fully aware of it and we had a pretty good discussion about it. He was pretty down to earth about the whole thing but pointed out some of his concerns and I felt they were legitimate as well.

A Coworker and I have been discussing this. He brings his CHP buddy up to my office one day who works Commercial Vehicles and I explain this to him..and he was shocked by it. I had to print out pages off of this forum regarding UOC so that he could take back to discuss with his watch commander. I was really surprised that the CHP was not briefed about this.


So the scenario is that I am driving down the freeway, with my gun in a holster and the loaded mags in holders on a belt. And together they are laying on the back seat in plain view.

Am I good to go under this scenario?

Thanks

[Decoligny]

A holster does NOT meet the requirement of a locked container in any sense at all. Not concerning 626.9 or any other CA PC.
If it did then UOC on foot would not be a problem in a GFSZ. You risk a felony charge if you UOC and drive through a GFSZ.

[Liberty1]

For uoc info check out califirniaopencarry.org but I would for now recommended locked briefcase carry. Easy to get to, descrete, and can house loaded mags next to them firearm.

[negolien]

Make sure you wait 1001 feet before pulling over...

[GrizzlyGuy]

Some say here that there is plenty of case law that points to the notion that a roadway does not trigger a "prohibited area" in 12031 in unincorporated areas, and Fish and Game Code 2006 that bans loaded weapons in vehicles in unincorporated areas does not apply to handguns... it is quite possible that openly carrying a loaded handgun in a vehicle in an unincorporated area just might be "technically legal".

That's correct, here is a pretty good summary/analysis from CitaDel and the 1968 AG opinion on that subject is here.

[Handgun1]

Mags in the glove box

1. Having your gun on the front seat in plain view= good

2. Having your magazine in the glove box= not good

If ANY part of the gun is concealed (with the exception of a belt holstered gun), then the ENTIRE gun is considered concealed. A magazine is considered essential for the proper functioning of the gun so if it is not in plain sight, the gun is now considered concealed.