Break down and UOC ban

[erik_26]

Say you are driving in a remote part of CA. You have your unloaded handgun in the trunk of your car like a good boy (no locked case, just loose in the trunk).

For whatever reason your car becomes disabled. No cell phone reception.

With the new Unloaded Open Carry ban what do you do?


You can't conceal carry, you can't open carry (loaded or not), you don't dare leave your gun in the car, and you definitely want to have it with you just in case (for protection and possible as a means of take if you become in a survival situation).


What is the right answer for this situation? How do you transport your gun as you are on foot trying to find help?

[dirtykoala]

you STFU and dont yell out "IM CHANGING MY TIRE AND THEIRS A GUN IN MY TRUNK!"


this isnt a new concept.

lets say tomorrow you go to the shooting range with your handgun in an unlocked range bag in your trunk. on the way home you stop at the grocery story, get to your car, open your truck to put the groceries in. you obviously dont yell out "I AM PUTTING GROCERIES IN MY TRUNK NEXT TO MY CONCEALED HANDGUN!"

[Turo]

you STFU and dont yell out "IM CHANGING MY TIRE AND THEIRS A GUN IN MY TRUNK!"


this isnt a new concept.

lets say tomorrow you go to the shooting range with your handgun in an unlocked range bag in your trunk. on the way home you stop at the grocery story, get to your car, open your truck to put the groceries in. you obviously dont yell out "I AM PUTTING GROCERIES IN MY TRUNK NEXT TO MY CONCEALED HANDGUN!"

The OP was referring to the fact that opening the trunk would be committing a crime. We all know the law is BS and at least for me, breaking it is not something I am opposed to. That said, he's showing the catch 22 someone might find themselves in if they wouldn't break a law.

[erik_26]

I am actually more less saying that your car is disabled and it is in your best interest to leave the car and find assistance.

[dirtykoala]

The OP was referring to the fact that opening the trunk would be committing a crime. We all know the law is BS and at least for me, breaking it is not something I am opposed to. That said, he's showing the catch 22 someone might find themselves in if they wouldn't break a law.

you would also be committing a crime if you had an unlocked range bag in your trunk with a gun in it and you were putting groceries in your trunk, no?

[kcbrown]

Say you are driving in a remote part of CA. You have your unloaded handgun in the trunk of your car like a good boy (no locked case, just loose in the trunk).

For whatever reason your car becomes disabled. No cell phone reception.

With the new Unloaded Open Carry ban what do you do?


You can't conceal carry, you can't open carry (loaded or not), you don't dare leave your gun in the car, and you definitely want to have it with you just in case (for protection and possible as a means of take if you become in a survival situation).


What is the right answer for this situation? How do you transport your gun as you are on foot trying to find help?

Well, we can even simplify this to the scenario where you have a flat tire.

In that scenario, you can't even open your trunk thanks to the firearm within. And that means you can't grab your spare tire.

If you have no cellphone service, then you are screwed. The only thing you can do that is both prudent and legal is stay with the car until you can flag down assistance.

This is why I regard the "locked trunk" exemption as an essentially useless one. Hell, merely opening your trunk in compliance with an e-check would be a violation of the law.


California's laws are designed to screw you over more than anything else.

[safewaysecurity]

LUCC

[GOEX FFF]

LUCC

[Rude Robert]

Well, I guess there is another option, if you don't want to go to prison and as long as you have bullet with you. I guess you can shoot yourself and be happy that you exercised the only act of free will you have left lol

[erik_26]

So what are you supposed to do if you have to leave the car to find help?

Do you break the law and openly carry and explain to hopefully an understanding LEO?

I think in a true survival state where you haven't eaten in a couple days and have a chance to take a rabbit or other small game you would be ok. At that point it is becoming life or death.

But I sure wouldn't want to leave my car without my gun to find help.

[Rude Robert]

I am sure there would be some kind of law holding us responsible if someone steals the car or breaks into it, grabs the gun and uses it in a crime. There has to be some amount of prison time we will have to do because to that?

[cdtx2001]

You do what needs to be done and STFU. A free person knows what is right and what is wrong regardless of what kind of silly limitations their overlords have imposed upon them.

Seriously, with the above situation and the kinds of laws being passed why bother even leaving the house in the morning? Might as well give up your guns too since the gubbament has made transport of them so seemingly impossible now.

Originally Posted by Rude Robert
Well, I guess there is another option, if you don't want to go to prison and as long as you have bullet with you. I guess you can shoot yourself and be happy that you exercised the only act of free will you have left lol

Yup, why bother continuing on when faced by such impossible odds?



Like I said, you know what is right and what is wrong. So do what needs to be done and STFU afterwards. Now go change your tire.

[Spelunker]

Make sure you have a hunting license and say you are on a hunting expedition (I am always in search of game so my life is a hunting expedition) then you can cc unloaded.

I dont think the meaning of "expedition" has been hashed out yet in the courts.

From the DFG website:
Concealed weapon law when hunting/fishing
Question: I have a question about carrying a concealed weapon (pistol/revolver) while engaged in hunting/fishing in California without a CCW permit. My understanding of Penal Code 12027 is that if I’m engaged in hunting/fishing, I can carry a loaded concealed weapon, but when en route to and from, I need to unload the firearm but it may be concealed. (David F., Lake Almanor)

Answer: This is correct. Licensed hunters or fishermen can carry loaded and concealed pistols, revolvers or other firearms capable of being concealed upon their person while engaged in hunting or fishing as long as they are in a place where it is lawful to carry a firearm. When going to or returning from the hunting or fishing expedition, or when transporting those firearms, they must be unloaded (PC, section 12027(g)).

This exemption does not apply in all cases though. While handguns may be used to take certain types of game in the field, the carrying of a loaded handgun while fishing from a public place in an incorporated city, or in prohibited areas outside of incorporated cities could constitute a violation of PC 12031(a)1). It is also not lawful, to carry a concealed firearm, or any firearm at all, when hunting under an archery only tag or during an archery only season.

http://californiaoutdoors.wordpress.com/

[Curley Red]

Get yourself a little lock box or safe and put the gun in that. That way if you do breakdown at least your gun will be in a locked box and you might feel a little better leaving it in the car. You can get one with a cable that you can attach to something in your car.

[bruss01]

I don't know anyone who thinks so little of the condition of their guns that they let it bounce around loose in a trunk to get scratched, dirty and covered with carpet lint.

Prior to obtaining our CCW permits, our guns never left the house without a proper locking case. It's part of being a responsible gun owner. In the scenario posted, the stranded motorist could simply leave the gun in the car (legal) or carry the unloaded gun inside the locked case.

State law does not anticipate that a gun-transporting motorist may paint himself into a legal corner... as far as the law is concerned, it's the motorist's problem deciding what to do at that juncture, and would tell him that he should have planned better.