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Carrying a handgun in a backpack in the trunk of a SUV

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  • bfstunoodle
    Junior Member
    • Nov 2016
    • 8

    Carrying a handgun in a backpack in the trunk of a SUV

    Hi everyone,

    Sorry if this has been a repeating scenario:

    I have a SUV, I put my unloaded handgun and two magazines in a backpack and put in the trunk. Is that legal to do? I know that if I have a sedan it wouldn't be a problem since the trunk of a sedan considers a locked container. I'm not too sure in my case. Also, if its not legal, does putting a padlock into the two zippers of the pocket storing my handgun will make it legal?

    Appreciate your answers.
  • #2
    zan101
    CGN/CGSSA Contributor
    • Jan 2014
    • 242

    I believe handguns have to be in locked container, so your backpack would need a lock. Long guns don't need locks.

    Comment

    • #3
      AFTII
      Senior Member
      • Dec 2014
      • 1617

      What do you consider your SUV's trunk? Is it a separately locked compartment?

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44625

        Originally posted by zan101
        I believe handguns have to be in locked container, so your backpack would need a lock. Long guns don't need locks.
        UNloaded, in completely enclosing locked case. There's no rule on 'how secure', so locked zippers meet the language.

        Please see the WAYBACK wiki article https://web.archive.org/web/20151109...g/Transporting

        Note also - with the upcoming RAW situation, those rifles will need to be unloaded in a locked case for transport.
        Last edited by Librarian; 12-05-2016, 2:41 PM.
        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        Frozen in 2015, it is falling out of date and I can no longer edit the content.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

        • #5
          bfstunoodle
          Junior Member
          • Nov 2016
          • 8

          Originally posted by AFTII
          What do you consider your SUV's trunk? Is it a separately locked compartment?
          No I don't consider it as a separately locked compartment as I can try to reach to things in the trunk from my backseat.

          Comment

          • #6
            bfstunoodle
            Junior Member
            • Nov 2016
            • 8

            Originally posted by Librarian
            UNloaded, in completely enclosing locked case. There's no rule on 'how secure', so locked zippers meet the language.

            Please see the WAYBACK wiki article https://web.archive.org/web/20151109...g/Transporting

            Note also - with the upcoming RAW situation, those rifles will need to be unloaded in a locked case for transport.
            Thank you, so the backpack with zipper would work. I was just worried whether the backpack will not consider an "appropriate" container. It's a work/laptop backpack.

            Comment

            • #7
              Fordman650
              Junior Member
              • Jun 2016
              • 18

              In California the mags have to be completely separate from the firearm. Long gun or pistol they must be separate.

              Sent from my SM-G930P using Tapatalk

              Comment

              • #8
                LeadFarmer74
                Veteran Member
                • May 2015
                • 3105

                Originally posted by Fordman650
                In California the mags have to be completely separate from the firearm. Long gun or pistol they must be separate.

                Sent from my SM-G930P using Tapatalk
                Wrong. They just can't be inserted in the magwell.
                NRA Lifer
                Originally posted by Click Boom
                I know your ban hammer is cold hammer forged and chrome lined, im not messin with it!

                Comment

                • #9
                  Fordman650
                  Junior Member
                  • Jun 2016
                  • 18

                  Originally posted by LeadFarmer74
                  Wrong. They just can't be inserted in the magwell.
                  This is good to know. But maybe the deputy I talked to didnt understand my question when I asked him that. Maybe I'll like to see it in writing

                  Sent from my SM-G930P using Tapatalk

                  Comment

                  • #10
                    LeadFarmer74
                    Veteran Member
                    • May 2015
                    • 3105

                    Originally posted by Fordman650
                    This is good to know. But maybe the deputy I talked to didnt understand my question when I asked him that. Maybe I'll like to see it in writing

                    Sent from my SM-G930P using Tapatalk
                    Always a good back up. I'm sure other members have posted on it and potentially with a PC.
                    NRA Lifer
                    Originally posted by Click Boom
                    I know your ban hammer is cold hammer forged and chrome lined, im not messin with it!

                    Comment

                    • #11
                      Librarian
                      Admin and Poltergeist
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 44625

                      Originally posted by Fordman650
                      In California the mags have to be completely separate from the firearm. Long gun or pistol they must be separate.
                      Originally posted by Fordman650
                      This is good to know. But maybe the deputy I talked to didnt understand my question when I asked him that. Maybe I'll like to see it in writing
                      The question is 'what section of Penal Code is violated by carrying a loaded magazine in the same container/compartment as the gun?', restricting the question to simple transportation by a non-prohibited person.

                      The answer is 'none', but a number of LE agencies seem either deficient in training their officers, or the officers might be resistant to their training.

                      See the wiki article -- https://web.archive.org/web/20151026..._in_California, especially the Law Enforcement Training Materials.
                      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

                      • #12
                        aghauler
                        Veteran Member
                        • Apr 2011
                        • 4794

                        Originally posted by Fordman650
                        In California the mags have to be completely separate from the firearm. Long gun or pistol they must be separate.

                        Sent from my SM-G930P using Tapatalk
                        Here we go again!!!!!

                        Comment

                        • #13
                          SkyHawk
                          I need a LIFE!!
                          • Sep 2012
                          • 23421

                          Originally posted by bfstunoodle
                          Thank you, so the backpack with zipper would work. I was just worried whether the backpack will not consider an "appropriate" container. It's a work/laptop backpack.
                          The law says 'secure' container. I personally would NOT gamble my freedom and rights on a backpack being considered a secure firearm transport container by a California jury. This is untested, and I would not want to be the test case.

                          You can defeat the zipper of a backpack with a pen or pencil, or similar.






                          For $20, I'm keeping my handgun in this or similar, then putting that in the backpack.


                          Last edited by SkyHawk; 12-05-2016, 8:03 PM.
                          Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                          Comment

                          • #14
                            Fordman650
                            Junior Member
                            • Jun 2016
                            • 18

                            Originally posted by aghauler
                            Here we go again!!!!!
                            Please correct me if I am wrong....

                            Sent from my SM-G930P using Tapatalk

                            Comment

                            • #15
                              Packy14
                              Calguns Addict
                              • Jul 2008
                              • 5310

                              Originally posted by zan101
                              I believe handguns have to be in locked container, so your backpack would need a lock. Long guns don't need locks.
                              Long guns you register next year will
                              NRA Lifetime Member

                              1A-2A = -1A

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