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Locked container in 12026.1

bigtoe416

bigtoe416

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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 prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, 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
Click to expand...

I was reading this just now and I realized that nowhere in this law does it say that the firearm needs to be inside the locked portion of a locked container. It merely says that the firearm needs to be in the locked container. If I have a backpack with two compartments, and one of those compartments is locked, my backpack would be a locked container, and I could claim I am following the letter of the law (but not the intent) if my firearm was in the second, non-locked portion of the backpack.

Not that I'm advocating that anybody do this, but one could read the law to mean what I've said.
 
Decoligny

Decoligny

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bigtoe416 wrote:
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 prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, 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
Click to expand...

I was reading this just now and I realized that nowhere in this law does it say that the firearm needs to be inside the locked portion of a locked container. It merely says that the firearm needs to be in the locked container. If I have a backpack with two compartments, and one of those compartments is locked, my backpack would be a locked container, and I could claim I am following the letter of the law (but not the intent) if my firearm was in the second, non-locked portion of the backpack.

Not that I'm advocating that anybody do this, but one could read the law to mean what I've said.
Click to expand...

"the firearm is contained within a locked container."

This pretty much states that it has to be within the locked container.

Defining the entire backpack as a locked container when only one portion of it is actually a locked container won't get you out of an arrest and a conviction.
 
C

CA_Libertarian

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The court would definitely apply the intent of the law. They do this all the time.

Besides, I'm not even convinced you got the technical wording beat. One could argue that each compartment of your backpack constitutes a container. Attaching two (or more) containers does not change the function.

Always nice to hear people thinking outside the container, though. It's thoughts like these that sometimes net us nifty little loopholes.
 
J

JC

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Hello brothers. As you can see, this my first post, although I have been researching here for awhile regarding open carry.



My question is this: My transportation consists of a motorcycle or bicycle, depending onmy daily needs, usually choose the bicycle. Anyway, to transport my firearm, does locked in its case, inside a backpack or tankbag fulfill the requirements for lawfully transporting?



I am looking forward meeting anyone local and exercising and discussing our rights and taking a stand for issues that made this country great.

-Jeff
 
bigtoe416

bigtoe416

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Assuming your case is a locked, fully enclosed secure container, then that is enough. I usually keep my handgun in a soft duffel bag with a lock through the zipper and a metal bracket on the closed zipper side. I believe this is well within the law.
 
C

CA_Libertarian

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JC wrote:
My question is this: My transportation consists of a motorcycle or bicycle, depending onmy daily needs, usually choose the bicycle. Anyway, to transport my firearm, does locked in its case, inside a backpack or tankbag fulfill the requirements for lawfully transporting?
Click to expand...
Yes, as long as your firearm is locked inside a secure container, you have met the requirements to be exempt from 12025. There's no reason you couldn't then put that container into another container.
 
demnogis

demnogis

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On my bike the (small) storage compartment is lockable (by key), so it satisfies the locked container portion. It is also not a glove box and not part of the passenger compartment.

JC wrote:
Hello brothers. As you can see, this my first post, although I have been researching here for awhile regarding open carry.

My question is this: My transportation consists of a motorcycle or bicycle, depending onmy daily needs, usually choose the bicycle. Anyway, to transport my firearm, does locked in its case, inside a backpack or tankbag fulfill the requirements for lawfully transporting?

I am looking forward meeting anyone local and exercising and discussing our rights and taking a stand for issues that made this country great.

-Jeff
Click to expand...
 
B

bld0121

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If you are riding your bicycle, why not open carry and avoid the 'locked container'altogether (I can only see the possible added injury upon crashing and riding past a school to be at issue)? Any thoughts?
 
J

JC

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My home is within 1000 feet of a school.....and Linda Vista Rd(my main commute rd)from Mesa College all the way down to USD is off limits for open carry due to schools. So I can't OC and jump on my bike even in my condo complex...I think. Definitely can't leave the property OCing. So I have to drop the locked gun bag into the back pack to get it to where I can OC.
 
B

bld0121

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Sorry to hear that . . . but keep exercising your right! For the bicycle, may I suggest getting a "handlebar bag" that some "touring" cyclists use to store food/gear. I havn't researched them much, but one with a zipper and a quick release mechanism from the handlebars is what I'd look for. (maybe the Sacramento heat's causing my disdain for backpacks while cycling). Good Luck!!
 
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