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Vehicle Transport in California

Discussion in 'Legal & Political Archive' started by phathom, Apr 23, 2010.

  1. phathom

    phathom Vancouver, WA Member

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    So in a little over a month I'm taking a trip down to California to see some family. I obviously know I can't carry down there at all, but being it's a very long drive with half of it in California and anything can happen, I would like to have some protection with me.

    I looked into California's laws, and found this relating to vehicle carry,
    "Carrying a handgun concealed within a vehicle is
    prohibited without a license. A handgun carried in a glove
    compartment or under the seat of a vehicle is considered
    to be concealed. A handgun placed in the trunk of an
    automobile, or locked in a container in the vehicle other
    than the utility or glove compartment or while in a locked
    container carried directly to or from a vehicle is deemed
    not to be “concealed.” A locked container means a fully
    enclosed secure container locked by a key lock or similar
    locking device."

    From this, I'm basically getting if it's in the trunk, or in a locked container, that I can have it in the car.

    What I'm thinking is getting something like this http://www.gunvault.com//nano-vault/nano-vault-100.html
    and having it secured underneath the seat of my car.
    By law, this would be legal correct? Another question is, with it in there, am I able to have it loaded like I normally do with 1 in the chamber and a full mag?
    Or do I have to have it in another condition such as none in the chamber, but the mag in, magazine out but can still be in the box, magazine not in the same location, or god forbid, magazine unloaded and in a different location?

    I read this about it being loaded, but not sure if it being in a locked container and is considered carrying it, as it's more or less being transported. Here's what I found on loaded firearms,

    "It is unlawful to carry a loaded rifle, shotgun, or
    handgun in any public place or on any public street in
    an incorporated area or an area where firing a firearm is
    prohibited. In California, a firearm is considered loaded
    if unexpended ammunition capable of being used in the
    firearm is attached in any manner to the firearm."

    So from everything, what's my best option here to stay legal and have a somewhat readily available (have to be stopped of course, get the key, unlock the box from under the seat) firearm on the trip down there.
    From how I'm reading it and interpreting it, I can have it in the lockbox, but it has to have no ammunition in it (attached to the firearm), but the mag can be loaded in the same container.

    And yes I know I can't have my normal 15rd mag down there, I have to get a 10rd one.
     
  2. yubariver

    yubariver selkirk mountains Member

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    Search at this website.

    http://www.calguns.net/calgunforum/forumdisplay.php?f=71

    Here is what I understand.

    California has extra school zone requirements for firearms.

    Do not hide the magazine or the gun.

    You can keep a mag in the same locked box as the gun, but the gun must
    not be loaded.

    Long arms are not considered concealable, so except for school zones
    and any other sensitive areas, you can have an unloaded shotgun or
    rifle uncased but out of view.

    This is not legal advice.
     
  3. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Well... last Thanksgiving me, the wife, and our three kids drove down to Disneyland... I carried my compact .45ACP inside my waistband the whole time... imagine that... driving around "Komiefornia", and walking around Disneyland and going on all the rides... ARMED. I'm not encouraging you to break "the law", but the sky did not fall when I did it, and I'd rather be tried by 12 than be carried by 6 (me or any member of my family)... there are some rather shady/rough characters at all those rest stops along the way, and all I know is I'm not (or wasn't) going to be the one taking a "dirt nap"...
     
  4. toobigtofail

    toobigtofail PDX Member

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    Here's some advice: just don't go to California. They are the worst with their laws. That's where I'm from, and I doubt I'll ever return.

    toobigtofail
    PDX
     
  5. Father of four

    Father of four Portland, Oregon Well-Known Member

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    I would believe the trunk would be the best option.
     
  6. phathom

    phathom Vancouver, WA Member

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    Ya, probably not going to do that, my main concern isn't while we're down there as the family we're visiting lives in one of those uppity gated communities in a very nice area of town with a very low crime rate, and even lower violent crime rate than just about any area I can think of down there. I'm more concerned about situations that may arise on the road such as breaking down in the middle of no where. I do plan on carrying other non firearms weapons on me during the course of my stay though as I always do.
    I wish I could just avoid it, but have to make the wife a little happy, I drive her crazy as it is for me saying there is no way in **** I'll ever move down there.
    Could be an option, I'm going to put in a call to my father-in-law (used to be a cop there) and see what he recommends.
     
  7. PinkhamR

    PinkhamR Altus, Oklahoma MSgt, USAF (Retired)-FFL Lifetime Supporter

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    Just carry a shotgun?
     
  8. numbnutz

    numbnutz molalla Active Member

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    X2 I just took a concealed carry class and this is what the instructor stated to be legal. I trust his advice as he has been a sheriff for the past 25 years he also said that it's in your best interest to keep ammo seperate from the weapon.
     
  9. phathom

    phathom Vancouver, WA Member

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    Would this work? Like have the shotgun unloaded in the back seat, but have shells in the holder in the stock? Mine has a collapsable stock and can sit in the back seat pretty easily. I would rather have an unloaded shotgun in the backseat than an unloaded, ammunition separated handgun in the trunk.
     
  10. yubariver

    yubariver selkirk mountains Member

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    A shotgun, yes, but a collapsible stock on a gun that could be fired with the stock collapsed would probably be illegal in CA.

    Cops are like IRS agents in that if you ask 3 of them, they will give you
    3 different answers as to what is legal. That goes for even long time
    veterans. You do not have to keep the ammo
    separate for unloaded handguns as long as both are locked in the same container in CA.
    Than being said, some cop might give you a hard time and confiscate it
    anyway as he doesn't know the law. So you might end up with a hassle
    but not a criminal violation.
     
  11. KRISSTDI

    KRISSTDI Oregon Member

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    I am from San Diego and have lived in Oakland, Los Angeles, and some not so great areas but I grew up down there and honestly its not that bad. Seems like you're making it out to be like some movie. I am not saying dont be prepared for the worst because I always do. Just be more aware of your surroundings really and dont put yourself into those bad situations.

    I drive down to San Diego all the time and honestly never think or worry about breaking down or getting jumped at some rest stop in the middle of nowhere. I have lived in much worse places.

    My point is don't stress to much and just throw your gun in the trunk and keep it unloaded. Thats what I do and dont forget to only bring your 10 round magazines. 99% of the time if you do get pulled over the police officer will not ask "do you have a firearm onboard" unless they suspect something.

    If you're military make sure you have your military ID on you and a copy of your LES for proof of residence so they dont charge you with a felony for bringing your SPAS 12 into California. You should be fine.:thumbup:
     
  12. U201491

    U201491 Well-Known Member

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    None of the scenarios suggested except one will do you any good at all in a bad situation. You will never be able to get to them in the split seconds you might need them.
    Suggestion, tell your family you do not visit communist countries and tell them to come visit you instead :)
    If you should need any of the locked up firearms in a robbery, carjack or similar act, all you are going to do is provide them with a firearm that you didn't get to in time.
     
  13. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    I would make your relatives visit you instead.

    I tend to avoid California, like I do Herpes.
    I'm a much happier man today because of it.
     
  14. phathom

    phathom Vancouver, WA Member

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    It's for my cousin's graduation (first one on that side of the family to graduate, so it's kinda a big deal), so she can't exactly move the graduation up here.

    I also read about open carry in california. That you can open carry it unloaded and just have a mag on you, this applies for vehicle and walking around. I think this would be a more viable option to have it quickly. I just want to make sure I can do it right without pissing anyone off and getting calls of MWAG.
     
  15. yubariver

    yubariver selkirk mountains Member

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    You have to know where the 1000 ft school zones are. Handguns must be locked unless you have a CA
    CCW.

    I don't know if a locked box in the cab can be bolted down either.
     
  16. phathom

    phathom Vancouver, WA Member

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    Ya I know about the school thing, so I'd have to lock it up going there, but being we're spending a week down there, it's just like a hour or 2 around school grounds.