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Travelling with pistol through CA

Discussion in 'Legal & Political Archive' started by Frito, Dec 20, 2011.

  1. Frito

    Frito Portland Member

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    My wife and I are planning to spend the holidays in the Peoples Republic of California this year and naturally I don't want to be that far from home unarmed. However, since fleeing the PRC a number of years ago I have not kept up on any new gun control laws. I'll be toting my daily carry (9mm, 7rd mags) to the border, then I was planning on unloading it, locking it in a little box, and calling it good. Any other suggestions? I don't want to run afoul of any authority if for some reason it came up. We will also briefly be passing through Nevada, and Arizona. I hear AZ is good to go. Thanks.
     
  2. rufus

    rufus State of Jefferson Well-Known Member

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    Ammo has to be in a separate area i.e. gun in locked box in car and ammo locked in trunk.

    Drive safely, don't get pulled over, and watch those rest stops.
     
  3. sanitizer97045

    sanitizer97045 oregon city New Member

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    If a California cop pulls you over and runs your drivers licence, will it show you have a CHL. If it did I would think the cop would have cause to search you and your car???????????????????????
     
  4. fd15k

    fd15k Tigard,OR Well-Known Member

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    California DOES NOT require ammo to be in a separate container. Loaded magazine can be kept right next to the firearm. Locked container can be located ANYWHERE in the vehicle, as long as it's not part of the vehicle (utility compartment or glove compartment). Note that a soft bag with a padlock on the zipper qualifies as locked container.
     
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  5. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    I don't think they can search your car cause you have a permit.

    Just keep the thing in the trunk and if you stop at a rest stop to sleep,it becomes your domicile and you can have the gun loaded in that circumstance. Then in the AM unload it and put it back in the trunk...yes unloaded and separate from the mags and ammo

    AZ is good but NV has some restrictions I believe

    Look here https://www.usconcealedcarry.com/travel/

    and here Concealed Carry Permit Reciprocity Maps
     
  6. fd15k

    fd15k Tigard,OR Well-Known Member

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    No, running DL in California won't return info on the CHL. California law authorizes officer to ensure firearms are unloaded PC 12031 (e). The best approach is to never let the officer know there is a firearm in the vehicle. Note that even if the officer sees something that looks like a rifle case, that's not a probable cause for loaded inspection.

    - Sir, what do you have in that case ?
    - It's my fishing gear, officer...
     
  7. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Camera works better.
     
  8. fd15k

    fd15k Tigard,OR Well-Known Member

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    Unless it's a normal motor home or an RV, I would highly discourage from doing that. There is just too fine of a line between a parked car and a domicile. And that's regardless whether a parked car legally qualifies as a domicile.
     
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  9. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Yeah I would do it but it may not be the best to let anyone see the gun anyway.

    I was down there a couple years ago with at least 10 guns not legal in CA
    And those evil 15 round magazines!!!Well 30 for the AR
     
  10. rufus

    rufus State of Jefferson Well-Known Member

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    I stand corrected.
     
  11. fd15k

    fd15k Tigard,OR Well-Known Member

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    I visited California with guns 3 times this year. It's very easy to comply with the laws there whether it's your destination or you're just passing through.

    a) magazines with capacity over 10 rounds
    Unless you possessed them in California before 2001 (somebody should correct me if I got the year wrong), just remove the floor plate and disassemble the mag until you get to another state where it's legal (AZ, NV, OR).

    b) evil black rifles
    Unless it's listed by make/model in this list ag.ca.gov/firearms/forms/pdf/awguide.pdf (most stuff on that list is from 90's, none of newer AR15's are there), just separate upper from the lower. For AK type designs remove the pistol grip. Thumbhole stock designs remove the stock, or tape up the hole :D

    c) don't bring suppressors, machineguns, DD's. Special note - Yugo M59/66 SKS with grenade launcher attachment is a DD in CA, and is banned.

    d) don't bring tracer ammunition of any kind, or AP ammunition for handguns.

    Things like that. Now that's without relying on FOPA immunity. With FOPA you don't need to do that, but then you're limited to passing through the state without deviations. And FOPA is known to be not very reliable ;)

    forgot to mention : Taurus Judge is an SBR in CA, don't bring it there

    I should probably start writing that none of my posts are a legal advice. But I will gladly provide the links and citations to Penal Code if anybody needs them :D
     
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  12. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Yes passing through California is the best idea
    I make the kid come up here cause I really don't like it down there at all
     
  13. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    So no problem with lying to a police officer?
     
  14. fd15k

    fd15k Tigard,OR Well-Known Member

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    Lying to police officer is not a crime in California, as long as it's not during an active investigation. And of course one can't lie to a Federal LEO no matter what.

    http://www.shouselaw.com/falsestatements-police.html
     
  15. Frito

    Frito Portland Member

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    Thanks for the information and thoughts, folks. FD15k, if you have links to those CA codes like you offered, I would appreciate them. As you, I don't take anyone's advice as legal counsel and would love to see statutes and interpret them myself. Especially since LEOs and judges often seem to interpret them differently all the time.
     
  16. fd15k

    fd15k Tigard,OR Well-Known Member

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    Here is a nice summary on transportation with PC quotes :

    Transporting - Calguns Wiki

    Also please look at the following court decision, that has altered definition of "loaded firearm" in California :

    http://www.hoffmang.com/firearms/People-v-Clark-(1996).pdf
     
  17. Redcap

    Redcap Lewis County, WA Well-Known Member

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    I have no problem lying to any nosy asshat.
     
  18. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    It may be fishing gear if you are from Alaska

    Bottom line is don't talk about your guns and don't tell anyone you have guns

    If you have to use them to save a life...well who cares after that.
     
  19. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    Dunno about you guys, but if I think i'm getting a ticket, my answer to "what's in the case?" is going to be a firm, confident, "none of your muh'bubblegumin business, dawg."

    But that's just me... I've been known to get myself into bubblegumty situations with cops that didn't need to be so bubblegumty. You could always use the more civil, "I'll exercise my right to decline to answer any further questions," and give a nice, bright smile.
     
  20. Garg

    Garg east of portland metro Hold my beer..... watch this Bronze Supporter

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    LMAO bkb. Whats behind door number 3???:bluelaugh::bluelaugh::bluelaugh: