Leaving your loaded CCW gun in the car.

[ElDub1950]

Has anyone provided a PC citation which prohibits the presence of a firearm in an unoccupied vehicle?

If not, your statement should read:

So in this scenario .. 'LTC holder leaves his gun in a locked, unoccupied vehicle' .. there is no PC that prohibits the existence of the gun in an unoccupied, the car. that isn't exempted by the LTC.

Best.

Yep, either way

[71MUSTY]

My IA takes a very dim view of weapons left out of my control. IE under the car seat, left loaded in the car etc.

So while it may or may not be legal, it could easily cost me my CCW. So why chance it.

I keep a lock box under my seat (with a cable bolted to the frame). It takes two seconds to secure my weapon when needed. Hopefully it would also keep mt weapon out of the hands of a bad guy (to me the goal) should my vehicle get broken into.

[Dvrjon]

Everyone should try to remember the difference between Fact, Opinion and Advocacy.

The Fact that the Penal Code does not prohibit this is not based on opinion, nor is it stated as an advocacy.

The basic rule is, "Just because you can do something, doesn't mean you should (or must) do it."

I Advocate keeping the firearm on your person due to my Opinion that it is safer for me and people around be. But there is no Fact which compels me to do so.

[lorax3]

Ultimately, I can't prove a negative. Illustrate for me how a loaded and/or concealed firearm stored in a car is a crime.

I understand your point.

California Criminal Jury Instructions say:

.
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant carried a loaded firearm (on (his/her) person/in a
vehicle);
2. The defendant knew that (he/she) was carrying a firearm;

Without an LTC if defendant was in the car with a loaded handgun, it is a violation of 28250?

Again without an LTC if Defendant is inside the store and the loaded handgun is in the vehicle, how could he be carrying? Well, is it reasonable to assume the defendant drove to the store, and plans to drive back? Even if there was no video evidence, it is his vehicle after all.

Is the fact he was not carrying a jury question, or could it be beaten by a motion to dismiss the charges before trial? I don't know.

[mej16489]

I understand your point.



Is the fact he was not carrying a jury question, or could it be beaten by a motion to dismiss the charges before trial? I don't know.

In LA County - I would be amazed if charges would even be filed under those circumstances.

However, presuming an overly zealous DA, the methodology of LEOs even discovering the loaded/concealed handgun in the car better be rock solid to keep the 'evidence' from being suppressed.

Barring exigent circumstances, its essentially impossible for LEOs to even know that the loaded/concealed handgun is even in the vehicle.

Discounting the .01% 'how did this case get to trial' aspect, I find it hard to conceive of a scenario where 1) an arrest is made, 2) charges are filed, 3) it gets to a courtroom, 4) defendant elects to have a jury trial. That's allot of hurdles which must be overcome (by the prosecution) to even get to a jury.

[chris]

I locking box bolted to the car floor is a great thing to have. Since I can't carry while at work, I use mine daily.

I see nothing wrong with doing this. makes sense to me. lock it up if you are going to a place that you cannot carry. I see it as you have taken an extra step in preventing the theft of a firearm.

[Chris_in_OC]

No, backpacks are not "clothing". One "wears" clothing; one "carries" a backpack. (And automobiles are not "premises").

Now, what does a backpack have to do with leaving a gun in the car?

A backpack is worn by its owner with straps, making it clothing.

Doesn't have much to do with leaving your gun in the car, but if you're just out and back in for a moment (like to buy gas) it makes a convenient means to keep it under your control if you normally keep it off-holster while you drive.
Put firearm in pack - pack on back or shoulder - buy gas.

[Dvrjon]

A backpack is worn by its owner with straps, making it clothing.

No, really, it's not clothing, it's a "container". And unless your name is Webster, Merriam or Oxford, you don't get to make up definitions.

The CA courts don't agree with you, either. http://blog.sfgate.com/crime/2013/04...ck-court-says/

In People v. Pellecer, 2013, 215 Cal.App.4th 508, the defendant appealed a conviction for carrying a dirk or dagger because the knives he possessed were in a backpack and not "on his person" as required under the language of the statute. The court agreed that carrying a dirk or dagger in a backpack does not result in a violation of the statute, because the statute requires that the item be concealed "upon his or her person." The court concluded the ordinary meaning of "upon his or her person" means on the body or in the clothing worn on the body.

The backpack is not "clothing".

Best.

[Tripper]

Leaving your loaded CCW gun in the car.

A backpack is worn by its owner with straps, making it clothing.
.

No it's not
A backpack is something your leaning on, kinda like a wall
Actually it's 'an adjacent container'
Specifically 'NOT clothing worn on the body'





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[igs]

25655. Section 25400 does not apply to, or affect, the carrying of
a pistol, revolver, or other firearm capable of being concealed upon
the person by a person who is authorized to carry that weapon in a
concealed manner pursuant to Chapter 4 (commencing with Section
26150).

You need to be carrying it genius.

[igs]

Again, this isn't an issue of the wisdom of leaving a gun in the car, and it's not a noob question, I've been carrying for a few years.

It's the semantics of: When a loaded gun is in an unoccupied vehicle, are you storing the gun in a vehicle (for which there are no PCs I can find) or are you transporting the gun (which is covered by the PC).

Some are on the side that it's storage and there's no law covering it and others believe it's transporting. I'm trying to find if there's somewhere in the PC or VC that covers it because I can't find anything.

If PC or VC don't discuss it, it's just another undefined gray area that could go either way, depending on a whole host of variables such as parked on a street or on private property.

The answer to this is easy and has nothing to do with CCW.

25612. A person shall, when leaving a handgun in an unattended vehicle, secure the handgun in the vehicle pursuant to Section 25140.

[P5Ret]

The answer to this is easy and has nothing to do with CCW.

25612. A person shall, when leaving a handgun in an unattended vehicle, secure the handgun in the vehicle pursuant to Section 25140.

Did you happen to notice the thread is nearly 4 years old and section your quoting did not exist back then?

[Librarian]

Necrothread