Transporting guns on a motorcycle?

[ojisan]

Monster Man...on your way to Frisco and Sacramento with a AW? ROFL hope you have something faster than that scooter!
Betcha nobody cuts you off "dressed" like that! : ))

[REDHORSE]

http://www.calguns.net/calgunforum/showthread.php?t=77342

http://www.calguns.net/calgunforum/showthread.php?t=34184

[Decoligny]

IANAL but as long as any handgun is unloaded and locked in a secure container, it doesn't matter where that container goes. The reference to a trunk is an exception that says that the locked container is not required if the gun is locked in the trunk of the vehicle.

So, a locked container within a backpack, or even dangling from your hand, is legal.

I have to go with, you are just wrong on this one.

12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:

This section states that carrying a handgun concealed within your vehicle is a crime.
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

This section states that carrying a handgun concealed upon your person is a crime.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.


12026. Paraphrase: You can carry concealed or openly without a license or permit anywhere within your residence, business, or your private property.


12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:

This section exempts you from 12025 (a) (1) which states that carrying a handgun concealed within your vehicle is a crime.
(1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment.

(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.

(b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter.

(c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.


NOWHERE in 12026, 12026.1 or 12026.2 does it exempt anyone who is just carrying around a handgun in a locked container on their person. (Either in a backpack or even dangling from your hand.) 12025 states that CONCEALED CARRY IS ILLEGAL. 12026, 12026.1 and 12026.2 show the ONLY exceptions to it being illegal. 12025.5 only provides a justification for commiting the illegal act.

12026.2. (a) Section 12025 does not apply to, or affect, any of the following:

(1) The possession of a firearm by an authorized participant in a motion picture, television, or video production or entertainment event when the participant lawfully uses the firearm as part of that production or event or while going directly to, or coming directly from, that production or event.

(2) The possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while going directly to, and coming directly from, those meetings.

(3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.

(4) The transportation of a firearm by a person listed in Section 12026 directly between any of the places mentioned in Section 12026.

(5) The transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm.

(6) The transportation of a firearm by a person listed in Section 12026 when going directly from the place where that person lawfully received that firearm to that person's place of residence or place of business or to private property owned or lawfully possessed by that person.

(7) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner.

(8) The transportation of a firearm by an authorized employee or agent of a supplier of firearms when going directly to, or coming directly from, a motion picture, television, or video production or entertainment event for the purpose of providing that firearm to an authorized participant to lawfully use as a part of that production or event.

(9) The transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range.

(10) The transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 12050 when done at the request of the issuing agency so that the issuing agency can determine whether or not a license should be issued to that person to carry that firearm.

(11) The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and campgrounds.

(12) The transportation of a firearm by a person in order to comply with subdivision (c) or (i) of Section 12078 as it pertains to that firearm.

(13) The transportation of a firearm by a person in order to utilize subdivision (l) of Section 12078 as it pertains to that firearm.

(14) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm in accordance with subdivision (d) of Section 12072.

(15) The transportation of a firearm by a person in order to utilize paragraph (6) of subdivision (a) of Section 12078 as it pertains to that firearm.

(16) The transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and if that firearm is being transported to a law enforcement agency, the person gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency.

(17) The transportation of a firearm by a person in order to comply with paragraph (2) of subdivision (f) of Section 12072 as it pertains to that firearm.

(18) The transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law, if he or she gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition according to law.

(19) The transportation of a firearm by a person in order to comply with paragraph (3) of subdivision (f) of Section 12072 as it pertains to that firearm.

(20) The transportation of a firearm by a person for the purpose of obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 12092.

(b) In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

(c) This section does not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter.

(d) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.

[Glock22Fan]

Decoligny,

I had assumed that he was travelling for a legitimate purpose.

Apart from that, you are saying that once I park outside the range I cannot carry the gun inside in a locked case?

I don't think so.

[Decoligny]

Decoligny,

I had assumed that he was travelling for a legitimate purpose.

Apart from that, you are saying that once I park outside the range I cannot carry the gun inside in a locked case?

I don't think so.

"IANAL but as long as any handgun is unloaded and locked in a secure container, it doesn't matter where that container goes. The reference to a trunk is an exception that says that the locked container is not required if the gun is locked in the trunk of the vehicle."

I took the bold section to mean that you were saying he could just carry it around anywhere he wanted as long as it was in a locked container. I wasn't aware you were refering to the range. Didn't want anyone to get the wrong idea that they could just walk around with a concealed weapon as long as it was locked up.

If you are going to walk around with a gun, just Open Carry.

12026.2 (a) (9) specifically exempts going directly to or from the range.

[Glock22Fan]

Decoligny,

I do know the exemptions, and my use of the range was just for an example. As I say, I answered the OP on the assumption that he was travelling for a legitimate purpose. Otherwise the answer would have been "Don't do it."

[ryno066]

There is a company in AZ that makes Pistol locks that mount to your bike frame. Buddy has one for his 2006 gsxR 1000
Here is the link.

http://www.sandssalesco.com/

I think im just going to open carry on my bike.

[MudCamper]

There is a company in AZ that makes Pistol locks that mount to your bike frame. Buddy has one for his 2006 gsxR 1000
Here is the link.

http://www.sandssalesco.com/

I think im just going to open carry on my bike.

That device is not "fully enclosed", so it won't work in a "school zone". It's cool though!

[StupidMoFo]

I'd like to try slinging a rifle over my back and riding my bike to the range but it seems risky. Currently all I have is an AR and a tacti-cool sks, both seem like bad choices to ride with. I would suspect that San Mateo county would have a heart attack

any input?

I'd be on this

[ryno066]

That device is not "fully enclosed", so it won't work in a "school zone". It's cool though!

[Glock22Fan]

Needs to be a secure locked container. Paper bags are not secure. However, exactly where the line is drawn between paper bags and containers made completely of thick solid titanium, nobody knows for sure. I think that the usual interpretation is that if you could rip it open with your hands, it is insecure.

[ryno066]

Needs to be a secure locked container. Paper bags are not secure. However, exactly where the line is drawn between paper bags and containers made completely of thick solid titanium, nobody knows for sure. I think that the usual interpretation is that if you could rip it open with your hands, it is insecure.

Zip lock it is.

[dexter9659]

Full leathers -BB AR slung with a sturdy 3 point system on my back, ammo in the matchbox sized trunk, to and from the range every so often. No problems as of yet.

[RRALAR15]

I used to take my motorcycle hunting and would just sling mu shotgun across my back with my hunting vest loaded up... a few cops looked at me sideways but I never got pulled over...

[GuyW]

12026. Paraphrase: You can carry concealed or openly without a license or permit anywhere within your residence, business, or your private property.

UNLOADED carry in your business.

Penal Code 12031 makes it illegal to have a loaded gun in CA at any time except as set out in the exceptions:

12031 h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from HAVING a loaded firearm within the person's place of business, or any person in lawful possession of private property from HAVING a loaded firearm on that property.

Notice that it does NOT say CARRY loaded gun.

People vs. Overturf concluded that PC allows HAVING loaded gun in public place (business, property) but not carrying loaded gun, unless it's "necessary to use it" in a lawful way. Defendant found guilty. (paraphrased from "Own a Gun and Stay Out of Jail".

So the preceding PC sections that say a property or business owner can carry a handgun open or concealed within their property or business do not allow loaded carry.