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Can you carry long guns in CA?

C

CA_Libertarian

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I've been trying to find a law that says you can not carry a rifle or shotgun on your person. I'm fairly certain 12031 and 626.9 would apply, but beyond that, I can't find anything else that limits carrying long guns.

Anybody out there done any extensive research or have some insight?
 
A

-aK-

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Where I can't say quite extensive research I have never heard of anything prohibiting carry of long guns. Unless you get into the whole liberal commie disturbing the peace crap.

Can't have it loaded.

The school zone act doesn't apply to long guns
Code: 
626.9.  (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
(c) Subdivision (b)  does not apply to the possession of a firearm
under any of the following circumstances:
(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.
 This section  does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.
[/quote]
Click to expand...
 
C

CA_Libertarian

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Subdivision (b) prohibits "firearms," which would include long guns.

626.9(e)(2) "Firearm" has the same meaning as that term is given in Section 12001.
Click to expand...
12001(b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion.
Click to expand...
 
A

-aK-

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I can't get the quotes to work very well.

But I still think that it applies to handguns or capable of being concealed upon the person and not other firearms. Check out 626.9(c)(2)

626.9(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.

If I was driving with an unloaded shotgun in the truck I would be "otherwise lawful transportation of any other firearm"

right?
 
ConditionThree

ConditionThree

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If I was driving with an unloaded shotgun in the truck I would be "otherwise lawful transportation of any other firearm"
Click to expand...
That would be my read on it as well, but as you know, IANAA.

Id be interested to read other takes on this as well- But on the surface it appears if the weapon is not concealable, it's exempt from 626.9
 
C

CA_Libertarian

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The wording is a bit tricky. I wouldn't put it past our state's courts to interpret "lawful transportation" as being different than "carrying" the weapon. (Such as People v. Overturf interprets the difference between "having" and "carrying" a firearm.)

I wouldn't risk it, as violation of this section is a felony.
 
A

-aK-

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Carrying a shotgun, unloaded of course, walking down the street does not violate any laws, right?

Therefore it would indeed be "lawful transportation," right?

Of course this also assumes that I'm not a felon, not in a gang, and not in the middle of robbing a bank or committing some other felony.
 
A

-aK-

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Oh yeah, it may be prudent to add the disclaimer that I'm not an attorney but just some idiot who is still living in commieville.
 
C

CA_Libertarian

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Location
Stanislaus County, California, USA
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-aK- wrote:
Oh yeah, it may be prudent to add the disclaimer that I'm not an attorney but just some idiot who is still living is commieville.
Click to expand...
Yeah, same here. And even an attorney wouldn't want to touch this one, I bet.

The more I learn about CA law and court rulings, the less hope I have for this state. I'm leaving either way, but this last month of researching CA laws has driven me to leave sooner. Moved up to probably December of this year.

New Hampshire, here I come!
 
A

-aK-

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Well nothing constructive came out of there.

My conclusion is that the law it too ambiguous.

I am leaning to the side that if I'm otherwise lawfully carrying it then I'm not in violation. But I am not confident about that.

I guess I'm going to ask the local police department, DA, or the BOF.

And then I'm going to ask an attorney.
 
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