Am I Legal??

[mortman]

Howdy,

Situation: Locked in the trunk: cased Benelli, unloaded, 6 rounds in side carrier.

Legal?

Any input appreciated.

Thanks,

[rromeo]

Legal. In the trunk or in a gun case is good to go. You have both.

[Obviously a Plant]

Yep, side carrier does not count as loaded.
Open carry (outside of a vehicle) will be illegal as of January, so transporting to or from the car, etc. will require a firearm case (locked or not) or a some other case, locked.
Inside the car, it can be on the back seat/ gun rack, if there are no rounds in the magazine/ chamber, but common sense says keep it out of sight.

[jonc]

GTG!

[john67elco]

As I recall there was already a side carrier test case that won against a loaded gun charge. You are GTG.

[killmime1234]

Re: loaded vs. unloaded
People vs. Clark - 1996.

You're good to go.

[rayrayz]

Yep, side carrier does not count as loaded.
Open carry (outside of a vehicle) will be illegal as of January, so transporting to or from the car, etc. will require a firearm case (locked or not) or a some other case, locked.
Inside the car, it can be on the back seat/ gun rack, if there are no rounds in the magazine/ chamber, but common sense says keep it out of sight.

So am I missing something...... so after jan 2014 long guns has to be transported in a case of some sort. If it is a gun case ( soft side or hard case) it will not need a lock but if it is not a gun case then it needs a lock? Wierd

[jj805]

So am I missing something...... so after jan 2014 long guns has to be transported in a case of some sort. If it is a gun case ( soft side or hard case) it will not need a lock but if it is not a gun case then it needs a lock? Wierd

January 2013. That means now.

[rayrayz]

Damn good thing I do carry to and from the range in a soft sided gun bag. The main thing that I was confused about is that gun case = locked or unlocked but non gun case = must be locked.... Thanks for the reply

[Quiet]

The main thing that I was confused about is that gun case = locked or unlocked but non gun case = must be locked.... Thanks for the reply

The law states the unloaded long gun (rifle/shotgun/other) needs to be in a locked container or "encased". [PC 26405(c)]

The law defines "encased" as being in a case/container designed for a firearm. [PC 16505]

Therefore....
If the container is designed for a firearm, then it does not need to be locked.
If the container is not designed for a firearm, then it needs to be locked.





Penal Code 26405
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

Penal Code 16505
For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is "encased" when that firearm is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of that firearm exposed.

[Waffleobill]

Irrelevant question. From now on just call whatever you want to do "undocumented" and then it's not a crime.

[Shasta Frog]

I thought the new long gun law was for transporting outside a vehicle. I could be totally wrong though. I always just carry how I see fit.

[rayrayz]

The law states the unloaded long gun (rifle/shotgun/other) needs to be in a locked container or "encased". [PC 26405(c)]

The law defines "encased" as being in a case/container designed for a firearm. [PC 16505]

Therefore....
If the container is designed for a firearm, then it does not need to be locked.
If the container is not designed for a firearm, then it needs to be locked.




Penal Code 26405
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

Penal Code 16505
For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is "encased" when that firearm is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of that firearm exposed.

thanks for the clarification