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Thread: Is LUCC still viable?

  1. #1
    Regular Member RockerFor2A's Avatar
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    Is LUCC still viable?

    Forgive me if it's been covered, but now that UOC has been criminalized in California, is LUCC still viable? I seem to recall that one could carry unloaded in a "locked container" which could even be something like a fanny pack, gym bag, whatever so long as it could was locked with a small padlock, etc. Does this still hold true? My concern is that they made this more difficult recently. For example, you have to be able to argue that you were transporting and on your way to a range or coming home from a range. That you can't just have it with you whenever?

  2. #2
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by RockerFor2A View Post
    Forgive me if it's been covered, but now that UOC has been criminalized in California, is LUCC still viable? I seem to recall that one could carry unloaded in a "locked container" which could even be something like a fanny pack, gym bag, whatever so long as it could was locked with a small padlock, etc. Does this still hold true? My concern is that they made this more difficult recently. For example, you have to be able to argue that you were transporting and on your way to a range or coming home from a range. That you can't just have it with you whenever?
    The applicapble penal codes are as follows;
    25400 - Illegal to carry a concealable firearm. http://law.onecle.com/california/penal/25400.html
    25610 - Exempts transportation in a vehicles locked trunk or locked container. http://law.onecle.com/california/penal/25610.html

    Other exemptions appear in the statute citations;
    25450, 25510, 25515, 25520, 25525, 25530, 25535, 25540, 25545, 25555, 25560, 25565, 25570, 25575, 25580, 25585, 25590, 25595, 25600, 25605, 25610, 25615, 25620, 25625, 25630, 25635, 25640, and 25645 (for the sake of brevity I will rely on your due diligence to read through and familiarize yourself with the statutes. I am also reminded of a quote from Tacitus- The more numerous the laws, the more corrupt the state.)

    Some will also warn that 25505 limits transportation between to destinations with reasonable deviations. i would point out, that it is legally unclear if 25505 is attached to all or just some of the exemptions of 25400 - Im sure that this wasnt intended to include peace officers, for instance.

    The short answer to your question is that it is viable if you are willing to accept some margin of legal risk and take the responsibility to know what your rights are and invoke them.

    Specifically, since you are transporting a firearm in a locked case - no one will see it and therefore it is not subject to search under the 'plain view' doctrine. And without a warrant you cannot be compelled to unlock your private property for the police to conduct a search. And if somehow police do break the lock or otherwise open your container and discover that your container has in it an unloaded firearm, the burden of proof is upon the state to prove that you were NOT transporting it directly to or from 'any motor vehicle' or any destination which is specified by the numerous exemptions provided in statute. Volunteering any information to the contrary would be devastating to your legal defense.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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  3. #3
    Regular Member RockerFor2A's Avatar
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    Thanks so much for your input. I'll read it. Sounds like the key here is to assert your right against unreasonable search and if police violate that anyway and find an unloaded firearm, refuse to answer questions without an attorney present. Or perhaps say something like "Officer, I am lawfully transporting my firearm" and refuse to answer any and all follow up questions like "Where were you going?" or "Where were you coming from?" Sounds like its the same old intimidation game California OCers had to go through. Could mean hanging the hidden recorder around one's neck again to be on the safe side.

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