Locked Container Question

[HoboGoblin]

Not sure if htis is the right section to post this in, sorry if it's not.

From what I remember, when driving somewhere with guns and ammo, they can't be in the same space and the gun has to be in a locked container. The trunk counts as a container which is where I usually store the gun and I don't think the ammo has to be in a locked container and the backseat works fine.

Would it be allowed to have a gun in the trunk and the ammo in an ammo bag if the zipper was locked shut with a small combo or key lock?

Thanks

[jpscoot_21]

Ammo can be in the same space. Gun just can't be loaded/no magazines attached.

[sealocan]

There is lots of great information about Californias restrictive and complex firearms laws at the "Calguns Foundation" website.

& they break it down, so humans can understand them.

[Librarian]

Would it be allowed to have a gun in the trunk and the ammo in an ammo bag if the zipper was locked shut with a small combo or key lock?

Yes, if you want to do that.

See the wiki article -- http://wiki.calgunsfoundation.org/Transporting

[RickD427]

Ammo can be in the same space. Gun just can't be loaded/no magazines attached.

This is usually true, but there are a couple of exceptions where you are committing a crime by carrying the weapon and ammunition in the same container (or even just where the weapon and ammunition are under the control of the same person, regardless of packaging):

1) When you're in certain state owned buildings (refer to Penal Code section 171e).

2) When you're in designated areas of the city of Sacramento (refer to Penal Codes section 171c and 171e).

3) When you're carrying the weapon under conditions amounting to "Armed Criminal Action" as that term is used in Penal Code section 25800.

[Sniper3142]

This is usually true, but there are a couple of exceptions where you are committing a crime by carrying the weapon and ammunition in the same container (or even just where the weapon and ammunition are under the control of the same person, regardless of packaging):

1) When you're in certain state owned buildings (refer to Penal Code section 171e).

2) When you're in designated areas of the city of Sacramento (refer to Penal Codes section 171c and 171e).

3) When you're carrying the weapon under conditions amounting to "Armed Criminal Action" as that term is used in Penal Code section 25800.

Yeah Yeah...

But everywhere else, it is totally LEGAL to carry an unloaded firearm and ammunition in the same container!

[RickD427]

Yeah Yeah...

But everywhere else, it is totally LEGAL to carry an unloaded firearm and ammunition in the same container!

You're right, but those exceptions (especially #3) cover a lot of ground.

[HoboGoblin]

This is usually true, but there are a couple of exceptions where you are committing a crime by carrying the weapon and ammunition in the same container (or even just where the weapon and ammunition are under the control of the same person, regardless of packaging):

1) When you're in certain state owned buildings (refer to Penal Code section 171e).

2) When you're in designated areas of the city of Sacramento (refer to Penal Codes section 171c and 171e).

3) When you're carrying the weapon under conditions amounting to "Armed Criminal Action" as that term is used in Penal Code section 25800.

Number 3 sounds like a "It's illegal when we decide it is" type of law.

Would both the gun and ammo in a single bag, unloaded, in a trunk be fine then? Assuming I'm just driving to a range or whatever, I don't think you're allowed to just store a gun in the car in CA if I remember right.

[Librarian]

Number 3 sounds like a "It's illegal when we decide it is" type of law.

Would both the gun and ammo in a single bag, unloaded, in a trunk be fine then? Assuming I'm just driving to a range or whatever, I don't think you're allowed to just store a gun in the car in CA if I remember right.

Yes, that is the legal way to do things.

The wiki article I linked earlier has all the info you need.

[RickD427]

Number 3 sounds like a "It's illegal when we decide it is" type of law.

Would both the gun and ammo in a single bag, unloaded, in a trunk be fine then? Assuming I'm just driving to a range or whatever, I don't think you're allowed to just store a gun in the car in CA if I remember right.

Hobo,

Librarian hit it right on. You're completely OK as you describe.

As for Number 3, there are specific elements to be met, so it's really not a "make it up as you go" law. It was written to target the criminal element, but like any law, it has the potential to go sideways.

Let's say that you're being overly careful. You have your firearm in a locked case in the trunk. You bought it from a friend prior to 1991, so there's no DOJ record showing it in your name. You've got the ammunition locked in the glove box. You stopped for a drink after leaving the range, and "had one too many." You then rear-end a car at the traffic light and the driver complains of a sore neck.

Here's how fast it can go sideways - You get hooked up for the DUI with injuries (you intended to drive while DUI). Your first felony of the night. Now the officer finds your weapon in the trunk, and the ammunition in the glove box. Is that a crime? Yes - it is. Here's where you get "bit" by section 25800. It only requires that you possess the weapon while intending to do the felony. There is no requirement for the weapon to be connected in some way with that felony. The weapon is now considered as "loaded" even though the weapon and ammo were in different locked containers. Since the weapon is not registered to you, you now have your second felony of the evening.

[ARDude]

If you have an encounter with LAPD, and you have an unloaded firearm in a locked container, and ammo is in that locked container, you will probably go to jail. I have seen this happen many times.

[Sniper3142]

If you have an encounter with LAPD, and you have an unloaded firearm in a locked container, and ammo is in that locked container, you will probably go to jail. I have seen this happen many times.

Only if:

A) You silly or stupid enough to volunteer the fact that you have a firearm in the vehicle.

B) You are silly or stupid enough to consent to a search of your vehicle.

C) You've done something that has given cops RS or PC to search (or inventory) your vehicle without your permission.

[ARDude]

Only if:

A) You silly or stupid enough to volunteer the fact that you have a firearm in the vehicle.

B) You are silly or stupid enough to consent to a search of your vehicle.

C) You've done something that has given cops RS or PC to search (or inventory) your vehicle without your permission.

Don't say "only". What if you are in a traffic accident. Police are called. Your car isn't able to be driven. You are going to leave your firearms in the trunk for the tow truck driver to go thru? Or are you going to take those gun cases out, and the cop asks? What are you going to do?

What if your vehicle is the same make, model and color of a vehicle used in a crime. You get pulled over and handcuffed. They are going to search that car for possible suspects, victims, or contraband. Now what?

I say just be safe. Keep your ammo separate from your locked firearms.

[Tripper]

If there's a gun in car A
A magazine loaded with ammo in car B
Car A and B have a wreck
Do both drivers go to jail for a loaded gun

[Tripper]

Only if:



A) You silly or stupid enough to volunteer the fact that you have a firearm in the vehicle.



B) You are silly or stupid enough to consent to a search of your vehicle.



C) You've done something that has given cops RS or PC to search (or inventory) your vehicle without your permission.

The problem there is the possibility they see a magazine in the back floor board, they now don't need your consent