California Traveling: Can I have a pistol in the car? - Page 2

mes227 · December 28, 2010, 04:07 AM

What Big Caliber says is what I was taught in my CCW class. In addition, I was told that the ammo must be in a separate container from the locked one with the gun(s). (Why locking the ammo with the gun is a crime boggles my mind).

BTW, it is a felony in California to not do this properly, so do it right and don't cut corners. LOCK the box that the gun is in and store the ammo SEPARATELY. In addition, I'd recommend storing the locked gun box (assuming it looks like one) out of sight so that LE does not have probably cause to perform a search. Which means it will be highly unlikely you have to even deal with the issue.

roy reali · December 28, 2010, 07:58 AM

Stay out in the sun and get a nice tan. If you have light-colored hair darken it. Learn to speak Spanish with a heavy accent. If you are pulled over then you won't be hasseled. Just don't act American, it rubs california politicians the wrong way.

EOD Guy · December 28, 2010, 10:31 PM

Quote:

Originally Posted by mes227

What Big Caliber says is what I was taught in my CCW class. In addition, I was told that the ammo must be in a separate container from the locked one with the gun(s). (Why locking the ammo with the gun is a crime boggles my mind).

BTW, it is a felony in California to not do this properly, so do it right and don't cut corners. LOCK the box that the gun is in and store the ammo SEPARATELY. In addition, I'd recommend storing the locked gun box (assuming it looks like one) out of sight so that LE does not have probably cause to perform a search. Which means it will be highly unlikely you have to even deal with the issue.

What you were taught is pure unadluterated BS. There wasn't one thing in his post that was true other than the firearm must be unloaded. A locked container is recommended but not required as long as the handgun is not concealed and you stay away from school zones (not very practical).

RickD427 · December 29, 2010, 05:37 AM

Posted by Markle: (Post 19)
Look as hard as you like - you will not be able to find a law prohibiting the transportation of an unloaded and unconcealed firearm in a vehicle in california. Penal code Section 12025 only applies to concealed firearms. Penal Section 12031 only applies to loaded firearms. If it is not concealed and is unloaded, it does not need to be in a locked container.

________________________________

Marke,

I beg to differ. California Penal Code defines two types of "concealed". There is both concealed "on a person" (12025(a)(1) PC) and concealed "in a vehicle" (12025(a)(2) PC). Unless you're driving a vehicle made out of clear pexiglass, or you've got the weapon in a window rack, any weapon carried in the vehicle is probably going to be concealed from outside view, and that's a violation.

Penal Code Sections 12026.1 and 12026.2 provide exceptions that allow weapons to be carried concealed within a vehicle for a number of innocent purposes (like going to a range). Both require that the wepon be in a "locked container" for the exception to apply.

700cdl · December 29, 2010, 10:04 PM

It's referred to as peacable travel and has some guidlines. It must be unloaded and in a locked container out of the reach of the driver. The ammunition must also be in another locked container and as well out of the reach of the driver. Additionaly, it is only legal if you are traveling and not intending to reside in the state or already a resident, other wise it is subject to any and all other laws concerning firearms in that state. However, the lawyer I learned this from also stated that if the wrong cop learns of the weapon, you might have a legal battle to encounter.

December 28, 2010, 07:58 AM	#27
roy reali Senior Member Join Date: August 23, 2005 Posts: 3,248	another tip Stay out in the sun and get a nice tan. If you have light-colored hair darken it. Learn to speak Spanish with a heavy accent. If you are pulled over then you won't be hasseled. Just don't act American, it rubs california politicians the wrong way.

December 29, 2010, 05:37 AM	#29
RickD427 Junior Member Join Date: September 17, 2006 Posts: 1	Posted by Markle: (Post 19) Look as hard as you like - you will not be able to find a law prohibiting the transportation of an unloaded and unconcealed firearm in a vehicle in california. Penal code Section 12025 only applies to concealed firearms. Penal Section 12031 only applies to loaded firearms. If it is not concealed and is unloaded, it does not need to be in a locked container. ________________________________ Marke, I beg to differ. California Penal Code defines two types of "concealed". There is both concealed "on a person" (12025(a)(1) PC) and concealed "in a vehicle" (12025(a)(2) PC). Unless you're driving a vehicle made out of clear pexiglass, or you've got the weapon in a window rack, any weapon carried in the vehicle is probably going to be concealed from outside view, and that's a violation. Penal Code Sections 12026.1 and 12026.2 provide exceptions that allow weapons to be carried concealed within a vehicle for a number of innocent purposes (like going to a range). Both require that the wepon be in a "locked container" for the exception to apply.

December 28, 2010, 04:07 AM	#26
mes227 Senior Member Join Date: December 12, 2010 Location: Incline Village, NV Posts: 535	What Big Caliber says is what I was taught in my CCW class. In addition, I was told that the ammo must be in a separate container from the locked one with the gun(s). (Why locking the ammo with the gun is a crime boggles my mind). BTW, it is a felony in California to not do this properly, so do it right and don't cut corners. LOCK the box that the gun is in and store the ammo SEPARATELY. In addition, I'd recommend storing the locked gun box (assuming it looks like one) out of sight so that LE does not have probably cause to perform a search. Which means it will be highly unlikely you have to even deal with the issue.

December 29, 2010, 10:04 PM	#30
700cdl Senior Member Join Date: December 6, 2010 Posts: 216	It's referred to as peacable travel and has some guidlines. It must be unloaded and in a locked container out of the reach of the driver. The ammunition must also be in another locked container and as well out of the reach of the driver. Additionaly, it is only legal if you are traveling and not intending to reside in the state or already a resident, other wise it is subject to any and all other laws concerning firearms in that state. However, the lawyer I learned this from also stated that if the wrong cop learns of the weapon, you might have a legal battle to encounter.