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CA Car carry?

Posted: Tue Sep 23, 2008 3:12 pm
by blackeagle603
Gone to LA today. This has been asked/discussed many times here in the past. Thought I'd give ya'll a visual.Pic of my current setup.

Re: CA Car carry?

Posted: Tue Sep 23, 2008 4:43 pm
by Kommander
I am by no means an expert but are you sure that you are allowed to have ammo in the same box as the guns and have the mags loaded? I think I heard something about this being verboten but I am not sure.

Re: CA Car carry?

Posted: Tue Sep 23, 2008 5:27 pm
by Rumpshot
My understanding too. I keep my mags loaded, but separate from the weapon which is locked in a Kalifornia approved container.

Actually the mags are kept close at hand so I can have them, in hand, when I unlock the container.

Re: CA Car carry?

Posted: Tue Sep 23, 2008 5:29 pm
by Flintlock Tom
The statute simply says that the concealable firearm must be unloaded and in a locked container. It is curiously silent on where the ammo can be.
I always transport the ammo in a locked ammo can separate from the firearm, but I'm paranoid about accidentally transgressing.
PC 12026
More CA Penal code

Re: CA Car carry?

Posted: Tue Sep 23, 2008 5:42 pm
by Bullspit
California law specified that the gun must be unloaded and in a locked container. I'm not sure the law explicitly speaks to ammunition or loaded magazines but it is my recollection that case law holds that ammunition is allowed in the same container, but loaded magazines are not. My recollection is also that it is ok to have loaded magazines elsewhere in the vehicle, just not in the same locked container that contains the firearm. Disclaimer, I'm not a lawyer, I just live in California. When I transport handguns to the range they are in a locked metal box that contains no ammunition and I don't carry loaded magazines in the vehicle.

Here is some light reading for your consideration.


from http://ag.ca.gov/firearms/travel.php

HANDGUNS

California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

And here you can find the section 12026.1

http://caselaw.lp.findlaw.com/cacodes/p ... 12040.html

12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, from
transporting or carrying any pistol, revolver, or other firearm
capable of being concealed upon the person, provided that the
following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.

Re: CA Car carry?

Posted: Wed Sep 24, 2008 1:27 am
by Double Tap
On my way to and from the range, I carry my ammo / magazines in a different location in my vehicle from my weapons. The reason being is that I don't want a 21 year old L.E.O. that is two weeks out of the academy, trying to interpret what the complex gun laws here in the D.P.R.K. really mean.

Re: CA Car carry?

Posted: Wed Sep 24, 2008 4:14 am
by blackeagle603
According to Attorney John Machtinger in "How to Own a Gun & Stay Out of Jail, CA 2007" you're legal as long as ammo is not attached to the gun in a position ready to fire. Basically same as applies to open carry.

Fwiw, and apropos the lady driving today missed the exit and we wound up doing just a wee bit of exploring to get back on track. Was close enough to Florence and Normandy that I frankly didn't give a rip about the right reading of the law. In that 'hood you're one roofing nail short of a flattire and having a "Reasonable Belief of Immediate, Grave Danger" most any time.

Re: CA Car carry?

Posted: Wed Sep 24, 2008 6:49 pm
by 308Mike
And if you got stopped and questioned by the Po-po, as long as you don't cop an attitude, you'll probably be fine. After all, there are parts of LA where the cops/sheriffs ride around with their seats pushed back so their head's next to the door post for extra protection.

Re: CA Car carry?

Posted: Wed Sep 24, 2008 9:06 pm
by blackeagle603
If stopped my military training kicks in automatically...
"Yes sir, three bags full" and ask "how high" on the way up.

Course being in a locked box (that looks like a CD case) if asked I won't volunteer to submit to a warrantless search. The Officer's got the gun so he can do as he pleases but I won't be saying "yes you may."

Could probably use some refresher coaching from you LEO's on how to most respectfully and non-confrontationally communicate that.

Re: CA Car carry?

Posted: Mon Oct 27, 2008 10:09 pm
by postmanone
You cannot have ammo in the same case as the firearms. They need to be in different cases. And in some areas of kalifornia, you cannot simple travel with weapons, unless you are going to a range. Always have targets and range gear with you just in case. Travel away from schools too.