Here we go again...Federal GFSZ Law & Long Guns

[Chris M]

http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones

It was my understanding that long guns need not be in locked cases when being transported through school zones, based on the following:

"It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone."

Can you guys clarify the wording highlighted. I received a PM stating that according to CA law, commerce = transport. It is my understanding that commerce = transaction (sell, buy, trade, etc).

I live 30' from an elementary school.
I don't have a vehicle with a trunk. I have a station wagon and a truck with an open bed. So, I can't use a trunk as a locked container.

Am I required to place all of my rifles and shotguns in locked cases when I head to the range or hunting?

I may not agree with all the laws, but I want to make sure I understand & obey them.

[paul0660]

To comply with the Fed law, yes.

Some imagine a scenario with a gun that was built wholly out of California originated parts and has never left the state, but that's a stretch.

Violations of the Fed law have, afaik, been add ons or violations in territories, ie Puerto Rico.

[Theseus]

To comply with the Fed GFSZ, IIRC, you can get away with just a locking gun-rack, it doesn't have to be a "secure, fully enclosed and locked container".

California GFSZ does not apply to long guns.

[GrizzlyGuy]

To comply with the Fed GFSZ, IIRC, you can get away with just a locking gun-rack, it doesn't have to be a "secure, fully enclosed and locked container".

Correct:

(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;

California GFSZ does not apply to long guns.

If you read 626.9 closely, you'll see that it actually does apply to long guns. Notice how it starts out in (b):

Any person who possesses a firearm...

It exempts the transportation of long guns (what we care about 99% of the time) but doesn't exempt mere possession.

For example, let's say that you decide to go to a public park within a GFSZ for a day of sunbathing. You decide to bring along your long gun for personal protection. You could still be charged with a 626.9 violation since you were merely possessing the long gun while sunbathing and not transporting it. Having the long gun in a locked container wouldn't save you because the locked container exemption is only for "an unloaded pistol, revolver, or other firearm capable of being concealed on the person".

[YubaRiver]

Note- not living in CA.

So if my son (non driving yet) wants to walk a couple of blocks down the street to go hunting, and we live within the school zone, he would need
to put his rifle in a case and lock it, then leave the case in the bushes
somewhere while looking for birds or deer?

[GrizzlyGuy]

Note- not living in CA.

So if my son (non driving yet) wants to walk a couple of blocks down the street to go hunting, and we live within the school zone, he would need
to put his rifle in a case and lock it, then leave the case in the bushes
somewhere while looking for birds or deer?

Yes, and it needs to be unloaded while being transported in that case. Once he crosses onto private property, even if that property is also in the school zone, he is good to go.

[Theseus]

Correct:





If you read 626.9 closely, you'll see that it actually does apply to long guns. Notice how it starts out in (b):



It exempts the transportation of long guns (what we care about 99% of the time) but doesn't exempt mere possession.

For example, let's say that you decide to go to a public park within a GFSZ for a day of sunbathing. You decide to bring along your long gun for personal protection. You could still be charged with a 626.9 violation since you were merely possessing the long gun while sunbathing and not transporting it. Having the long gun in a locked container wouldn't save you because the locked container exemption is only for "an unloaded pistol, revolver, or other firearm capable of being concealed on the person".

Actually, (c) says

Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:

(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.

This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.

So it does exempt possession, as long as it is otherwise legal and being transported.

Then the issue becomes, what exactly is transporting?

Carrying your CA legal AR-15 while walking down the street from the gun shop to your home, you are technically legal. You may even be able to legally stop and get a bottled water, go to the bathroom, or other reasonable needs. Now, can you do the same with a handgun? Only if it was in a locked container.

I would not advise doing the above, but it is, IMHNALO (In my humble not a lawyer opinion) legal.

[Chris M]

So, a question for the cops out there:

Let's say you're passing by my home, within a school zone, and you see me out in my driveway placing a shotgun into the backseat of my truck, as I'm heading off to shoot some trap. Are you going to stop and have a chat with me?

Since I prefer to have my long guns in some sort of case (mostly to protect them from getting all beat up in the car), maybe I'll just find some way to put simple padlocks on my zippered soft-sided cases - essentially making them 'locked containers'.

When it's time for me to buy a house, one of my top 5 requirements will be "Not within GFSZ"

[GrizzlyGuy]

Actually, (c) says So it does exempt possession, as long as it is otherwise legal and being transported.

Then the issue becomes, what exactly is transporting?

Carrying your CA legal AR-15 while walking down the street from the gun shop to your home, you are technically legal. You may even be able to legally stop and get a bottled water, go to the bathroom, or other reasonable needs. Now, can you do the same with a handgun? Only if it was in a locked container.

I would not advise doing the above, but it is, IMHNALO (In my humble not a lawyer opinion) legal.

Yup, we're on the same page. Including the IMHNALO.