Transportation of Concealable Weapons

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As I read the code for transportation of pistols I see they have to be in a locked container in all instances. I was under the impression that as long as they were in plain sight or holstered it was ok to do so.

http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

I also was under the impression that the only place where it had to be locked up in a container was in a school zone.

I will take it atrigger lock with pistol in plain sight is not a substitute for a locked container?

Please post any info that could help me interpret the law more clearly?

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Ya, reread it.

IF it is CONCEALED then it must be unloaded and locked in a case (or locked trunk) GENERALLY. If it is NOT concealed then 12025 PCdoesn't apply.

If one KNOWINGLY is in a school zone as defined by 626.9 PC, then ALL pistols and revolvers (and other concealable firearms) must be unloaded in a locked case (or in the locked trunk)to be exempt (unless one qualifies for another exemption).

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LostCoast wrote:

I take it atrigger lock with pistol in plain sight is not a substitute for a locked container?

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Correct. The use of atrigger or cable lock in California exempts one from NOTHING in regards to carry and transport.

But if the fire arm is in plain view (not concealed in any way!), there is no need for a locked container unless in a school zone.

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This is a common mistake, and an easy one to make. You're reading an exception as a rule.

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HI All,



I was wondering if your gun is unloaded, and in the holster and your magazine is still loaded but is also in the trunk of your car, could the LEO's say your still loaded ?

One more question, if unloaded gun and loaded magazine are in the trunk of the car but the magazine is covered up or put in say a pack, or a seperate bag, could that be used agains't you as "Being Concealed" because its a "loaded Magazine ?

Robin47

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I was wondering if your gun is unloaded, and in the holster and your magazine is still loaded but is also in the trunk of your car, could the LEO's say your still loaded ?

Robin, as long as a bullet is not ready to fire in the chamber, case law says your ok...but I keep my pistol unloaded and a Mag where I can load it in 2 sec. and that way an officer can't confuse the law and possibly arrest you as loaded. You do not have to have the ammo locked up away from the pistol.

One more question, if unloaded gun and loaded magazine are in the trunk of the car but the magazine is covered up or put in say a pack, or a seperate bag, could that be used agains't you as "Being Concealed" because its a "loaded Magazine ?



I would just keep a loaded Mag in plain sight to be sure. I have my holster on a belt with Mag holders attached, loaded and ready to put on at any time. I also have a safe with electronic quick lock sitting on the hump of my truck floor for quick access since I wouldn't prob have time to get out of the vehicle and get my gun. It also covers my butt for school zones and keeps me ready ASAP for any threat. If there are no school zones around I may keep my pistol more handy like holstered on my hip or on the seat with Mags in close reach or in belt holders.

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Robin47 wrote:

HI All,



I was wondering if your gun is unloaded, and in the holster and your magazine is still loaded but is also in the trunk of your car, could the LEO's say your still loaded ?

One more question, if unloaded gun and loaded magazine are in the trunk of the car but the magazine is covered up or put in say a pack, or a seperate bag, could that be used agains't you as "Being Concealed" because its a "loaded Magazine ?

Robin47

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If the gun is locked in the trunk, it is in a locked container and is therefore not "illegally concealed", but it is contained according to the law.

Let's say you have your gun and a loaded mag in the trunk. You go around a corner and something in the trunk shifts to cover the mag. As long as it is in the locked trunk, no worries.

If you open your trunk and a police officer sees you move the shifted item off of the magazine, they might be able to press aconcealed weapons charge, but it would be pushing it.

If however you are stopped and the police officer opens your trunk, it is he that is then responsible forany firearms that are legally concealed in the locked trunk going from a state of "inside a locked container" to an "illegally concealed" condition.

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CA_Libertarian wrote:

This is a common mistake, and an easy one to make. You're reading an exception as a rule.

Click to expand...

A beautifully written insight! well done!

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HI Guys,



I think I understand now.

I should just put them in the trunk in plain view, empty gun and loaded mag

neer it.

The reason I ask was sometimes I would put the gun wraped up in a cloth in a pack empty, and a loaded mag in the same pack, so when I went shooting I could just gram the small pack.

At anyrate your advise is a real help in understanding (Empty gun of course, and a loaded mag neer it. That O.K. ! Got it ! )

In other words it shouldn't be in a pack or where it "might look hidden" in the trunk.

Sticky laws here in Cal.

Thanks agagin Lost Coast, Decoligny, and Mike.

Robin47

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robin ,

remember to never conceal a pistol unless your on private property or you have a conceal permit for public places. Never get cought 333 yrds or 1000ftfrom a school with a pistol unless its locked in a trunk or approved lockbox type gun case. Those are the 2 biggies besides being unloaded on the road or in the city where discharge is outlawed. There are exceptions to the loaded law in rural areas. Rifles are not subject to conceal laws.



hope that helps

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Yeah Lost Coast,

Thanks, Interesting your in Ventura, my oldest daughter is getting married down this January and I might be down that way then.

Thanks again buddy ! Robin47