imported post
NightOwl wrote:
In regards to vehicle carry, holstered and unloaded, with mags on the belt, is acceptable? Is there any case law to back that up? How solid is that, like would I still end up having tobail myself out pending a trial if I hada pistolon a 3 o'clock belt holster?
No case law needed. That which is not prohibited is legal. There's no case law because there's no statute to charge somebody with.
The main drawback to car carry is 626.9 (The "California Gun Free School Zone Act"). If you're driving in any populated area, you're likely to come within 1,000 feet of a school. All the cops/DA have to do is convince a jury that you "reasonably should have known" the school is there.
For this reason, I strongly recommend carrying in a locked container to exempt yourself from 626.9 - unless you know the area very well and are confident there will be no school zones on your route. (And even then, keep the container handy in case you have to take a detour through unknown territory.)
ETA: I've been stopped twice while carrying in my car.
The first time was very early on in the OC movement here in CA, and the cops thought I was violating 12025 (carrying a concealed weapon); I was taken down at gun point, cuffed, and stuffed in a patrol car for about 45 minutes. In the end I was un-arrested, had my firearm returned, and sent on my merry way (after 15 minutes of scolding and lightly veiled threats to my physical and financial safety).
The second time, the officer didn't even ask to check if my firearm was loaded.