How far must a locked container be from the driver?

[Munk]

there is a thread in off topic where a guy got a traffic ticket and the patrolwoman couldn't even tell him for which VC section he was being cited.

Then he didn't get a ticket. For a ticket to be valid, it has to cite the appropriate PC or VC. Hello courtdate, goodbye ticket.


To the OP, as others have said... If the gun is in a locked container, and is unloaded, then you are legally good to go. you may even have loaded magazines NEXT to but not WITHIN the firearm.

As far as it being attached to the vehicle and thus being considered PART OF the vehicle.... i think someone will wind up making some caselaw for that. If you're worried about being that guy, you can either: Cable/Chain it to a fixed part of the vehicle (if you want to keep the container from being stolen), or you can use a magnet like the ones for securing a HD shotgun. (should be strong enough to prevent sliding around).

Or you can just ride with the locked container in your lap. since at that point there's no way it can be considered to be part of the vehicle, and it meets all the legal requirements for being locked and unloaded.

[Phillips]

What happens if the Leo asks you to open the locked container?

[Paul S]

Zombie thread from April of '08

[chris]

Sadly LE often know very little about the law.

sadly that is very true.

[pullnshoot25]

Re: How far must a locked container be from the driver?

What happens if the Leo asks you to open the locked container?

You tell him to piss off and get a warrant.

This container issue is answered in the FAQ that is in my sig line.

[E Pluribus Unum]

Preferably, not so close that it perforates the skin. That is very uncomfortable, but still legal.

[monkeshine]

Per CHP..."Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well..."

Is that true? I was always under the belief that the ammunition could not be in the same locked container as the unloaded weapon. In other words, gun case holds unloaded gun. Ammunition outside the case at least or in a separate compartment.

If a loaded magazine can be in the same container, just not in the gun itself (or, a couple of ready to go speed loaders in the case next to the empty unloaded handgun), then I am going to go buy some more guns

[Librarian]

Is that true? I was always under the belief that the ammunition could not be in the locked container.

If it can be in the same container, just unlocked, then I am going to go buy some more guns

Quite a common misconception, but no law supporting it.

Buy more guns...

[E Pluribus Unum]

Is that true? I was always under the belief that the ammunition could not be in the same locked container as the unloaded weapon. In other words, gun case holds unloaded gun. Ammunition outside the case at least or in a separate compartment.

If a loaded magazine can be in the same container, just not in the gun itself (or, a couple of ready to go speed loaders in the case next to the empty unloaded handgun), then I am going to go buy some more guns

Nope... read People v. Clark.

In that case, the guy had a shotgun with ammo physically attached to the shotgun butt and it was ruled unloaded.

Per People v. Clark, in order for a weapon to be loaded in Incorporated areas (like cities) or prohibited areas where discharge of a firearm is prohibited (like paved roads) loaded means "ammunition placed into a position from which it can be fired." This means, ammo in the magazine AND the magazine in the gun, or a round in the chamber. Anything else is unloaded.

In unincorporated areas and where discharge of a firearm is legal, loaded means a round in the chamber. In your vehicle, you can legally carry a loaded magazine in the gun, and as long as there is not a round in the chamber, it's unloaded. (Fish and Game Code 2006). Again, this ONLY applies to unincorporated territory where discharge of a firearm is legal which excludes all roadways.

[Homebrew2]

I believe, in People v. Knight, the court ruled that 12031(a)(1) effectively says that it is legal to carry a loaded firearm in an unincorporated area whether in a public place or not, or upon a public street or not, as long as that unincorporated area is not a "prohibited" area.
I'm not finding any references to F&G code applying to anyone unless they are engaged in hunting, fishing, taking or possession of wildlife, etc. Please correct me if I'm wrong.

[curtisfong]

[E Pluribus Unum]

I believe, in People v. Knight, the court ruled that 12031(a)(1) effectively says that it is legal to carry a loaded firearm in an unincorporated area whether in a public place or not, or upon a public street or not, as long as that unincorporated area is not a "prohibited" area.
I'm not finding any references to F&G code applying to anyone unless they are engaged in hunting, fishing, taking or possession of wildlife, etc. Please correct me if I'm wrong.

It is a common misconception that the Fish and Game Code only applies to hunting and fishing, this is incorrect. It applies all the time.

Fish and Game Code section 2006 is the code that requires rifles and shotguns to be unloaded, but this does not apply to handguns, and it only applies in a vehicle.

So, because of Fish and Game Code 2006, it is illegal to carry a rifle or shotgun in a vehicle with a round in the chamber. This applies anytime anywhere. There are exceptions of course, but not for the common person.