My Wife, My Gun, My options?

[morfeeis]

This is a two part question, so thanks in advance.

I bought a lockable case for my wife to keep her G19 (thats in my name) in our car.

http://www.amazon.com/gp/product/B00384755S/ref=oh_o00_s00_i01_details

The point of the case is to allow her to ULCC it in the car under the seat. Now i know she wont be able to get to it as fast a CC'ed firearm but any help i can give her when i'm not around the better. So with it being locked and unloaded in the car at all times if she is pulled over and worse case they preform a search of the the car could she get in any kind of legal trouble? Yes i know she doesn't have to open it, but i want to think of the worse case spot she could ever be in.

Question two.
Same case and same firearm, she is going to TX for the weekend to visit her sisters, i want her to take some kind of protection. is she safe boarding a plane with this firearm locked in the normal transport according to FAA guidelines if it's in my name?

[Purple K]

An unloaded pistol locked in a case with a full magazine in the same locked case is fine. If she is stopped and consents to opening the case, the outcome depends greatly on the Officers knowledge of firearms law. For air transport you must declare the weapon with the ticket agent, fill-out a form, and place your locked case into your checked luggage.

[kemikalembalance]

make a copy of the exact, and the general outline of the law. put it in with the registration and insurance so its always with her. and get her a taser. she can carry it anywhere concealed she wants minus and airline n'such

[dantodd]

Registration is irrelevant. There is no crime in borrowing someone's gun. The only area you may have an issue is if this is considered a "loan" per PC and then she might need an HSC. There are a number of exemptions and I am not sure if a loan to your spouse is one. Same goes for traveling.

[morfeeis]

What about the PC of if you're caught ccing a firearm that isn't yours it shoots from a misdemeanor to a felony? would that have no effect on ULCC?

As for the plane declare it follow FAA rules and they could give a **** less who own the gun?

[stix213]

What about the PC of if you're caught ccing a firearm that isn't yours it shoots from a misdemeanor to a felony? would that have no effect on ULCC?

PC 12026 & 12026.1 are what you want to read for the relevant exemptions to PC 12025's ban on concealed carry without a license that apply in the car. See 12026.2 if she takes it out of the car. Note there are certain specific locations, like the parking lot of a US Post Office for example, where it will be a crime to even have the in the car in this manner.

As for the plane declare it follow FAA rules and they could give a **** less who own the gun?

I'm pretty sure a federal agency like the FAA doesn't give a crap about California's handgun registration database to even tell who's gun it is.

[dantodd]

What about the PC of if you're caught ccing a firearm that isn't yours it shoots from a misdemeanor to a felony? would that have no effect on ULCC?

As for the plane declare it follow FAA rules and they could give a **** less who own the gun?

Well, if commits a crime, I believe there are some enhancements for a gun not registered in her name. If it is something like a defensive shooting and not a crime it won't matter, that would require an investigation and they would realize she has the gun with your permission etc.

The FAA etc. don't care about registration unless a crime is committed. They might return a lost gun to you rather than her, but I think that's all.

[kemikalembalance]

a spouse is legaly viewed as one in the same. a spouse does not need consent from you.

[a1c]

Registration is irrelevant. There is no crime in borrowing someone's gun.

Only case where that would NOT be true is for RAWs.

My wife has a RAW (registered prior to the ban), and I never take it out without her being present.

[scarville]

From the Calguns wiki (which should always be you first stop when looking for answers on California gun law):

http://wiki.calgunsfoundation.org/index.php/FAQ#What_is_an_.22infrequent.22_loan.3F

What is an "infrequent" loan?

For handguns: less than six loans per calendar year

For long guns: loans made occasionally and without regularity

Ref: 12078(u)(1) PC, 12070(c)(1) PC

http://wiki.calgunsfoundation.org/index.php/FAQ#Loaning_Firearms_to_Adults

Can I loan a long gun to an adult?

Yes, if the person is known to you, the loan is infrequent and the duration of the loan is limited to 30 days. However, if the person is a licensed hunter, the loan may be for the duration of the hunting season in which the firearm is to be used.

If the person is not known to you, you may loan the long gun to them at an official target range for the purpose of shooting targets if the firearm remains on the premises of the target range.

Ref: 12078 PC
Can I loan a handgun to an adult who has a Handgun Safety Certificate?

Yes, if the person is known to you, the loan is infrequent, and the duration of the loan is 30 days or less.

If the person is not known to you, you may loan the handgun to them at an official target range for the purpose of shooting targets if the firearm remains on the premises of the target range.

Ref: 12078 PC
Can I loan a handgun to an adult who does not have a Handgun Safety Certificate?

Yes, if the person is known to you, the loan is infrequent and you will remain in their immediate vicinity at all times. The loan duration is limited to 3 days.

If the person is not known to you, you may loan the handgun to them at an official target range for the purpose of shooting targets if the firearm remains on the premises of the target range.

Ref: 12078 PC

AFAIK, there is no exception to any of the above for a spouse. That might affect your goals in this matter.

[Toolbox X]

I've been told that legally transporting a firearm on an airplane almost completely ensures your luggage will not be lost. Something about tracking the luggage being a higher priority.

[eaglemike]

Some airlines have specific requirements for ammunition as well. Check with the web page for your airline about this, it's usually there. Guns must be declared and be in the checked and locked luggage. Most people put the handgun in a smaller case with the lock on in inside the larger (also locked) luggage.

[taperxz]

TSA has one job, that's to ensure the firearm is unloaded and properly locked prior to being put on the plane. That's it.

[Crom]

The posts below may be helpful to this discussion.

My wife had a pistol of hers (had a couple years, hardly ever shot) wrapped up for me under the tree a couple days ago, christmas morning.

Today I filled out the inter-familial transfer form and sent it off.

Bases covered?

I would not worry so much about it (community property state) but this pistol is likely one I would have listed on my CCW permit (serial numbers of the pistols are required).

If you have an HSC then your bases are covered. Technically the transfer from your wife to you was an "operation of law" transfer, but the exact same form is used. Even in a community property State spouses can each have their own property. In California, by agreement spouses can "transmute" property from one spouse to the other, from one spouse to community property or from community property to one spouse. If the item is "substantial in value taking into account the circumstances of the marriage" then you are supposed to write up a declaration of transmutation. But for "a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage" you don't need a written declaration.

[PanchoVilla]

I recently transported a firearm on southwest. TSA never came into the picture. I filled out a card which stated it was unloaded in locked case. I put the card in the case, and checked the bag. The ticket agent never even asked for demo it was unloaded.

On my outgoing flight it didn't even raise an eyebrow. Here is the card, put it in the case, ok have a great flight.

The return flight was a tiny bit more inconvenient. Flew out of Las Vegas. Ticket agent sighed and rolled eyes when I declared the firearm. Gave me the same card to fill out. Got into a minor debate with her as she said I should put the card OUTSIDE the locked case but inside the suitcase. I wanted to put it inside the locked case as I did the first time so it couldn't get separated from the gun. Next time I will probably carry some tape and just tape it on the outside if they want. Then I was told to go to the end of the baggage counter and wait 15 mins. If no one came asking for me then I was clear to go to the gate. (I think thats in case TSA or anyone wants you to open the case) No one showed up, but allow some extra time in case you have to wait around.