how to open car carry?

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J.A.G. wrote:

So essentially, this gun case is really the best way to carry in the car. If you are carrying in a holster, there is a good chance a LEO can claim the firearm as being concealed (because of seat belt, center consoles, arm rests, etc...), but if you have this case, and you get pulled over, you can just as easily close it up, and lock it... then you have a firearm in a locked container... and its extremely portable, light-weight, and complies with the law. genius.

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You can also get a backpack with a pouch about that size that can be locked. My set up is visually unique enough that I won't post pictures of it online, but unless I pointed it out to you, you wouldn't notice the padlock or have reason to believe that it contained a firearm. I do recall reading that there is case law that says that 12031e applies to containers designed to hold guns. In other words, if it is reasonably suspected that your locked container has a gun in it, you can't refuse a search of it under 12031e. A locked backpack pouch however could contain anything of value and probably wouldn't even be noticed. I had my bag on the passenger seat the last time I was pulled over and the officer didn't give it a second thought. Get pulled over with a COM safe or a GunVault next to you and you may find it will become the center of attention. Even if you refuse to answer questions, fishing expeditions SUCK.

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Decoligny wrote:

warmvalley wrote:

Lomic wrote:

As long as a loaded magazine isn't in the gun, you should be okay, but remember the magazines must remain plainly visible as well. Is there a reason you want an unloaded magazine in the gun? To give the impression to a BG that it is loaded? I know some people OC with an empty magazine in but it just seems like it would increase your load time, especially in a stressful situation.

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what is the norm here? to keep an emtpy mag inside the mag-well or no mag

i just thought it might be slightly safer in the eyes of an officer, since popping out the empty mag is one extra step id have to take before id be able to discharge the gun. also i tend keep both loaded magazines and my gun locked in the same case or bag, and i thought keeping an empty mag in the gun might make it harder for a cop that dosent know the law to say that the gun is loaded because of the extra loaded mags being so close to the firearm.. also maybe it could even prevent any nearby loaded magazine from somehow finding its way into the mag well, or keeping anything out of your magwell for that matter.

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If you want the best of both worlds, then get one of these:

CENTER OF MASS GUN SAFE

Just have the combinationone number away from being open. It is just as fast to remove the gun from this and load it as it would be to drop an empty mag a load the firearm. And it avoids the pesky school zone issue. You could essentially leave your gun laying in the safe with the lid open (open carry in the car) and if approaching a school zone, or being pulled over, just close the lid and spin the combo. 12026.1 compliance is achieved.

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Doesn't the ammo have to be seperate from the gun when locked in a container?Like for instance, gun in the locked container, ammo in the back seat?

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Streetbikerr6 wrote:

Decoligny wrote:

warmvalley wrote:

Lomic wrote:

As long as a loaded magazine isn't in the gun, you should be okay, but remember the magazines must remain plainly visible as well. Is there a reason you want an unloaded magazine in the gun? To give the impression to a BG that it is loaded? I know some people OC with an empty magazine in but it just seems like it would increase your load time, especially in a stressful situation.

Click to expand...

what is the norm here? to keep an emtpy mag inside the mag-well or no mag

i just thought it might be slightly safer in the eyes of an officer, since popping out the empty mag is one extra step id have to take before id be able to discharge the gun. also i tend keep both loaded magazines and my gun locked in the same case or bag, and i thought keeping an empty mag in the gun might make it harder for a cop that dosent know the law to say that the gun is loaded because of the extra loaded mags being so close to the firearm.. also maybe it could even prevent any nearby loaded magazine from somehow finding its way into the mag well, or keeping anything out of your magwell for that matter.

Click to expand...

If you want the best of both worlds, then get one of these:

CENTER OF MASS GUN SAFE

Just have the combinationone number away from being open. It is just as fast to remove the gun from this and load it as it would be to drop an empty mag a load the firearm. And it avoids the pesky school zone issue. You could essentially leave your gun laying in the safe with the lid open (open carry in the car) and if approaching a school zone, or being pulled over, just close the lid and spin the combo. 12026.1 compliance is achieved.

Click to expand...

Doesn't the ammo have to be seperate from the gun when locked in a container?Like for instance, gun in the locked container, ammo in the back seat?

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Outside of the gun only.

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thanks, say i have a lot of ammo, I don't need all of the ammo to be locked up too do I? only the gun, correct?



Oh by the way if anybody likes call of duty modern warfare, I am already playing the second one. :lol:

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Streetbikerr6 wrote:

Doesn't the ammo have to be seperate from the gun when locked in a container?Like for instance, gun in the locked container, ammo in the back seat?

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Nope... Presuming you are not carrying them both with the intent to commit a felony and you are not in the prohibited areas of Sacramento.

...and I have it on good authority that it makes both the gun and the ammo happier when they travel together thus resulting in less felt recoil and tighter groups!

On a more serious note; This is a common misunderstanding of'loaded' due to the following CA Penal Code:

12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.
(g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.

This sort of makes it sounds like a magazine with rounds in it is a loaded firearm. Unfortunately the subordinate clause gets forgotten in reference to the magazine which is that it must be 'attached to the firearm'

People vs Clark clarified this a bit further and held that that ammo can even be attached to the firearm provided that it is 'not in a position to be fired' Think of a sidesaddle on a shotgun...

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Streetbikerr6 wrote:

Doesn't the ammo have to be seperate from the gun when locked in a container?Like for instance, gun in the locked container, ammo in the back seat?

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No. There is nothing in the penal code that says ammo must be in a separate container. This is probably the most oft-repeated FUD out there that even a lot of cops think it's true. It's not. The only law is that the ammo must not be in a position from which it can be fired. I suggest transporting with an empty magazine in the mag well so that one of the loaded magazines do not find their way into the weapon.

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do rifles have to be in a locked case while in a car?

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Sionadi wrote:

do rifles have to be in a locked case while in a car?

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There is no requirement that any firearm be in a locked case while in a car. The only requirement is that pistols must be clearly visible or openly carried in a belt holster. The locked case is for transporting pistols through a school zone. It is also the only authorized method of concealment for people without CCW permits. Most people transport their pistols locked up because it is nearly impossible to travel anywhere without passing through a school zone. The school zone law does not apply to long guns, and neither does the concealment law. You can stash your long guns anywhere you like. But all firearms must be unloaded.

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ok, and i can have the ammo in the same area with it? cause i have always thought the gun had to be in the one compartment of the vehicle, and the ammo in another.

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Sionadi wrote:

ok, and i can have the ammo in the same area with it? cause i have always thought the gun had to be in the one compartment of the vehicle, and the ammo in another.

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Please see my previous post.

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wewd wrote:

Sionadi wrote:

do rifles have to be in a locked case while in a car?

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There is no requirement that any firearm be in a locked case while in a car. The only requirement is that pistols must be clearly visible or openly carried in a belt holster. The locked case is for transporting pistols through a school zone. It is also the only authorized method of concealment for people without CCW permits. Most people transport their pistols locked up because it is nearly impossible to travel anywhere without passing through a school zone. The school zone law does not apply to long guns, and neither does the concealment law. You can stash your long guns anywhere you like. But all firearms must be unloaded.

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Assault Weapons, as defined by the state of California, must be transported in a locked case.

12285 (7) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this subdivision, or to any licensed
gun dealer, as defined in subdivision (c) of Section 12290, for
servicing or repair pursuant to subdivision (b) of Section 12290, if
the assault weapon is transported as required by Section 12026.1.


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.

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I had forgotten about the AW transport law, probably because I don't own one. I just remembered that guy who got popped near LAX for unlawful transportation. Thanks mjones.

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What is CA's definition of 'assault weapons'?

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Sionadi wrote:

What is CA's definition of 'assault weapons'?

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Any firearm.



I kid.

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Sionadi wrote:

What is CA's definition of 'assault weapons'?

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Google the following:

"CA AW ID Flow Chart"

Click the first link for a handy flowchart that helps explain what is prohibited.

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Decoligny wrote:

If you want the best of both worlds, then get one of these:

CENTER OF MASS GUN SAFE

Just have the combinationone number away from being open. It is just as fast to remove the gun from this and load it as it would be to drop an empty mag a load the firearm. And it avoids the pesky school zone issue. You could essentially leave your gun laying in the safe with the lid open (open carry in the car) and if approaching a school zone, or being pulled over, just close the lid and spin the combo. 12026.1 compliance is achieved.

Click to expand...

I have on of these but mine is the one with a key. I find it easier to turn the key the quarter of a turn it takes to open it rather than fidgeting with the number combo luck. I tired it in a "fast draw" and even though it is one number away from being open, there is the matter of accidentally sliding the other numbers up or down as I try to open the last number lock.

This is also cabled to the seat frame but actually sits on the passenger seat.

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CA_fr_KS wrote:

Decoligny wrote:

If you want the best of both worlds, then get one of these:

CENTER OF MASS GUN SAFE

Just have the combination one number away from being open.  It is just as fast to remove the gun from this and load it as it would be to drop an empty mag a load the firearm.  And it avoids the pesky school zone issue.    You could essentially leave your gun laying in the safe with the lid open (open carry in the car) and if approaching a school zone, or being pulled over, just close the lid and spin the combo.  12026.1 compliance is achieved.

 

Click to expand...

I have on of these but mine is the one with a key. I find it easier to turn the key the quarter of a turn it takes to open it rather than fidgeting with the number combo luck. I tired it in a "fast draw" and even though it is one number away from being open, there is the matter of accidentally sliding the other numbers up or down as I try to open the last number lock.

This is also cabled to the seat frame but actually sits on the passenger seat.
 

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I've thought about that, but I don't think a lock with a key in it would count as being locked under the relevant statutes. I find turning a dial one number easier than inserting a key.

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inbox485 wrote:

CA_fr_KS wrote:

Decoligny wrote:

If you want the best of both worlds, then get one of these:

CENTER OF MASS GUN SAFE

Just have the combination one number away from being open.  It is just as fast to remove the gun from this and load it as it would be to drop an empty mag a load the firearm.  And it avoids the pesky school zone issue.    You could essentially leave your gun laying in the safe with the lid open (open carry in the car) and if approaching a school zone, or being pulled over, just close the lid and spin the combo.  12026.1 compliance is achieved.

 

Click to expand...

I have on of these but mine is the one with a key. I find it easier to turn the key the quarter of a turn it takes to open it rather than fidgeting with the number combo luck. I tired it in a "fast draw" and even though it is one number away from being open, there is the matter of accidentally sliding the other numbers up or down as I try to open the last number lock.

This is also cabled to the seat frame but actually sits on the passenger seat.
 

Click to expand...

I've thought about that, but I don't think a lock with a key in it would count as being locked under the relevant statutes. I find turning a dial one number easier than inserting a key.

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I agree, plus multiple cars=multiple keys.

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SouthBayr wrote:

inbox485 wrote:

CA_fr_KS wrote:

Decoligny wrote:

If you want the best of both worlds, then get one of these:



CENTER OF MASS GUN SAFE

Just have the combinationone number away from being open. It is just as fast to remove the gun from this and load it as it would be to drop an empty mag a load the firearm. And it avoids the pesky school zone issue. You could essentially leave your gun laying in the safe with the lid open (open carry in the car) and if approaching a school zone, or being pulled over, just close the lid and spin the combo. 12026.1 compliance is achieved.

Click to expand...

I have on of these but mine is the one with a key. I find it easier to turn the key the quarter of a turn it takes to open it rather than fidgeting with the number combo luck. I tired it in a "fast draw" and even though it is one number away from being open, there is the matter of accidentally sliding the other numbers up or down as I try to open the last number lock.

This is also cabled to the seat frame but actually sits on the passenger seat.

Click to expand...

I've thought about that, but I don't think a lock with a key in it would count as being locked under the relevant statutes. I find turning a dial one number easier than inserting a key.

Click to expand...

I agree, plus multiple cars=multiple keys.

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You can buy them keyed identically.

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I just received mine yesterday. I got a combo one so that I wouldn't have any more keys to keep track of.

I'm not really concerned about the speed of opening as my safe will remain open while I'm driving unless I enter a school zone and or get pulled over.