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  • BlackReef
    Veteran Member
    • Apr 2007
    • 3616

    Unloaded Long Gun in a vehicle...

    Assuming your not within 1000 ft. of a School, is it legal to carry an unloaded long gun (rifle, shotgun) up front? What about on or underneath the rear seat?

    If there were shells on a 6-Round Side Saddle, that would NOT be considered loaded since the ammo is not in a position where it can be fired, am I correct?
    Last edited by BlackReef; 09-03-2008, 4:06 AM.
  • #2
    Dark Water
    Member
    • Jun 2008
    • 156

    I have always transported my long guns unloaded in the back seat of my car. As long as there is no ammo within the reach of the driver you and the action is open you are ok. If your too worried about it store the guns in the trunk for transport.
    sigpic

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    • #3
      Decoligny
      I need a LIFE!!
      • Mar 2008
      • 10615

      Originally posted by Dark Water
      I have always transported my long guns unloaded in the back seat of my car. As long as there is no ammo within the reach of the driver you and the action is open you are ok. If your too worried about it store the guns in the trunk for transport.
      Exactly which part of the PC says no ammo within reach?

      Look all you want, you won't find it anywhere.

      This is another commonly spread misconception a.k.a. FUD.

      In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, although not chambered or placed in a position where it was able to be fired, was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed.

      The court held: "The term "loaded" has a commonly understood meaning: "to put a load or charge in (a device or piece of equipment) a gun" or "to put a load on or in a carrier, device, or container; esp: to insert the charge or cartridge into the chamber of a firearm." (Webster's New Collegiate Dict. (1976) p. 674.) Under the commonly understood meaning of the term "loaded," a firearm is"loaded" when a shell or cartridge has been placed into a position from which it can be fired; the shotgun is not "loaded" if the shell or cartridge is stored elsewhere and not yet placed in a firing position. The shells here were placed in a separate storage compartment of the shotgun and were not yet "loaded" as the term is commonly understood."
      sigpic
      If you haven't seen it with your own eyes,
      or heard it with your own ears,
      don't make it up with your small mind,
      or spread it with your big mouth.

      Comment

      • #4
        IGOTDIRT4U
        I need a LIFE!!
        • Oct 2006
        • 10861

        However legal it may be on paper, always remember the bank account rule. Can you afford to successfully defend yoruself from any charges?

        BTW, it is possible to be cited and arrested on a variety of other charges, such as inciting the public, etc.
        "Over-sentimentality, over-softness, in fact washiness and mushiness are the great dangers of this age and of this people. Unless we keep the barbarian virtue, gaining the civilized ones will be of little avail." - Theodore Roosevelt

        Would you people please stop bashing "Elmer Fudd?" After all, he was an avid sportsman, hunter, and 2a supporter. -Ed in Sac
        sigpicNRA Benefactor Member

        Comment

        • #5
          Boxer
          Senior Member
          • Jan 2008
          • 1499

          Here is a safer way.

          ~If you don't stand behind our troops, feel free to stand in front of them~

          Comment

          • #6
            BlackReef
            Veteran Member
            • Apr 2007
            • 3616

            I've come across the lockable mini-safe before. That is too small for my Shotgun.

            So TECHNICALLY speaking, it is perfectly legal to keep my shotgun underneath the back seat with 6 sabot slugs on the side saddle...?

            Actually, upon further review, would it still be legal to keep the rounds in the magazine tube as long as a round is 'not in the chamber'? What defines chamber in CA law?

            Comment

            • #7
              Matt C
              Calguns Addict
              • Feb 2006
              • 7128

              Originally posted by King$nake
              I've come across the lockable mini-safe before. That is too small for my Shotgun.

              So TECHNICALLY speaking, it is perfectly legal to keep my shotgun underneath the back seat with 6 sabot slugs on the side saddle...?

              Actually, upon further review, would it still be legal to keep the rounds in the magazine tube as long as a round is 'not in the chamber'? What defines chamber in CA law?
              According to P. v Clark you cannot have them in position from which they can readily be fired. Butt stock would be ok, mag tube would be a no no.
              I do not provide legal services or practice law (yet).

              The troublemaker formerly known as Blackwater OPS.

              Comment

              • #8
                MudCamper
                Veteran Member
                • Mar 2007
                • 4595

                Originally posted by King$nake
                Assuming your not within 1000 ft. of a School, is it legal to carry an unloaded long gun (rifle, shotgun) up front? What about on or underneath the rear seat?

                If there were shells on a 6-Round Side Saddle, that would NOT be considered loaded since the ammo is not in a position where it can be fired, am I correct?
                Everything which you have stated here is correct, and legal. Ignore the FUD.

                Comment

                • #9
                  sorensen440
                  Calguns Addict
                  • Mar 2007
                  • 8611

                  Originally posted by King$nake
                  Assuming your not within 1000 ft. of a School, is it legal to carry an unloaded long gun (rifle, shotgun) up front? What about on or underneath the rear seat?

                  If there were shells on a 6-Round Side Saddle, that would NOT be considered loaded since the ammo is not in a position where it can be fired, am I correct?
                  yes you can
                  and its perfectly legal
                  and I do
                  "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson

                  Comment

                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44630

                    Originally posted by King$nake
                    So TECHNICALLY speaking, it is perfectly legal to keep my shotgun underneath the back seat with 6 sabot slugs on the side saddle...?
                    Yes.

                    Originally posted by King$nake
                    Actually, upon further review, would it still be legal to keep the rounds in the magazine tube as long as a round is 'not in the chamber'? What defines chamber in CA law?
                    No - that's the Fish & Game version of "loaded", for hunting.

                    And "chamber" isn't the term, it's "when a shell or cartridge has been placed into a position from which it can be fired" (from People v Clark, as noted above).
                    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                    Comment

                    • #11
                      tombinghamthegreat
                      Veteran Member
                      • May 2007
                      • 2785

                      Iqnore the FUD, leaving a unloaded shotgun with shells in the side saddle is legal where ever you want, you can conceal the shotgun, put it on a case, mount it to the top of your car, just be careful about the k-12 schools and any other restricted area. You can also conceal a unloaded shotgun on foot under your jacket, in a duffle bag, UOC it....you get the point. Also if you have a semi auto rifle you can have the mags loaded right next to the gun. I can't stand to hear the FUD that a loaded mag=load gun BS Isn't there a thread sticky regarding this matter? Anyway it is good this is asked every month, it is an effective reminder and a way to avoid falling victim to FUD. Any more questions ask.
                      "Legitimate use of violence can only be that which is required in self-defense." Ron Paul
                      "The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite." - Thomas Jefferson
                      Originally posted by forumguy
                      The same way they enforce all the rest of the BS laws. Only criminals are exempt, while the honest obey.
                      Originally posted by bwiese
                      Sometimes I think the function of Calguns is half to refute bad info from gunshops and half to refute bad info from DOJ.

                      Comment

                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44630

                        Originally posted by tombinghamthegreat
                        Isn't there a thread sticky regarding this matter?
                        Why yes, yes there is.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                        Comment

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