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Thread: transporting in the car

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    Ok I've been reading the penal codes pertaining to transporting my gun in my car. and i've read pc 12025(a)(1) that the weapon cannot be Concealed in Vehicle looking at the topic of open carry in a car some of the locked ways some people used like the locked range bag or a small lock box in a book wouldn't these be considered concealed? and also that when transporting the the ammo and gun must be in separate containers. please cite if you can?
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    Regular Member Decoligny's Avatar
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    Read 12026.1 and 12016.2

    These PCs are execption to PC 12025.

    PC 12026.1 nutshell version = If while in a motor vehicle, the handgun is unloaded, and locked in a secure container, NOT the glovebox or utility compartment, it is not a violation of 12025.

    PC 12026.2 nutshell verstion = If you are transporting an unloaded handgun in a locked container to or from any of the specified locations, you are not in violation of 12025.

    PC 12026.1 is not overridden by PC 12026.2 so if in a motor vehicle you DO NOT have to be going to or coming from any specific place.

    As far as the ammo and the gun having to be stored in seperate places/containers, there is NO PENAL CODE REQUIREMENT to store them seperately.

    I carry my handgun (when not Open Carrying) in this. Full mags right next to the gun.



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    Decoligny wrote:
    Read 12026.1 and 12016.2

    These PCs are execption to PC 12025.

    PC 12026.1 nutshell version = If while in a motor vehicle, the handgun is unloaded, and locked in a secure container, NOT the glovebox or utility compartment, it is not a violation of 12025.

    PC 12026.2 nutshell verstion = If you are transporting an unloaded handgun in a locked container to or from any of the specified locations, you are not in violation of 12025.

    PC 12026.1 is not overridden by PC 12026.2 so if in a motor vehicle you DO NOT have to be going to or coming from any specific place.

    As far as the ammo and the gun having to be stored in seperate places/containers, there is NO PENAL CODE REQUIREMENT to store them seperately.

    I carry my handgun (when not Open Carrying) in this. Full mags right next to the gun.


    And as too it considered concealed? If it were to be searched if i got somethign like the book safe? Since it does not look like a safe
    "Sooner or later we all must die. Warriors choose to do so on their feet, standing between their enemies and those they hold dear. With a weapon in their hands. Cowards choose to do so on their bellies. Unarmed."
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    "The tragic history of civilian disarmament cries a warning against any systematic attempts to render innocent citizens ill-equipped to defend themselves from tyrant terrorists, despots or oppressive majorities,"
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    Chrisc411 wrote:
    Decoligny wrote:
    Read 12026.1 and 12016.2

    These PCs are execption to PC 12025.

    PC 12026.1 nutshell version = If while in a motor vehicle, the handgun is unloaded, and locked in a secure container, NOT the glovebox or utility compartment, it is not a violation of 12025.

    PC 12026.2 nutshell verstion = If you are transporting an unloaded handgun in a locked container to or from any of the specified locations, you are not in violation of 12025.

    PC 12026.1 is not overridden by PC 12026.2 so if in a motor vehicle you DO NOT have to be going to or coming from any specific place.

    As far as the ammo and the gun having to be stored in seperate places/containers, there is NO PENAL CODE REQUIREMENT to store them seperately.

    I carry my handgun (when not Open Carrying) in this. Full mags right next to the gun.


    And as too it considered concealed? If it were to be searched if i got somethign like the book safe? Since it does not look like a safe
    And as too it considered concealed?

    Not sure what the question means. Maybe typographical errors, or English is your second language?

    Book safe is OK, even though it IS CONCEALED, it DOES NOT violate PC 12025, therefore it is LEGALLY CONCEALED.

    You can lock it up in a book safe, you can lock it up in a briefcase, you can lock it up in ANYTHING that can be considered "a SECURE CONTAINER", and you will be legal.

    Like I said before READ Penal Code 12026.1 and 12026.2. Look them over and then read them again. Read them a third time, go back and reread 12025 each time and compare all three and then ask more questions.



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    Regular Member wewd's Avatar
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    Unloaded handgun in locked, secure container == legally concealed.

    As long as you cannot access the handgun inside the locked container, whether it be a hardened metal safe, plastic gun case, or a soft range bag, without unlocking or destroying the container, then it is secure.

    You may not transport or store your handgun in your vehicle's glove box or utility compartment, since those are specifically exempted. Your vehicle's locked trunk is considered a secure container and you may transport your handgun there without the need for any additional container or lock.

    Firearms must always be unloaded. This means no round(s) in the chamber(s), and no rounds in any magazine that is inserted into the firearm. There is no requirement that ammunition be stored in a separate container from any firearm.
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    Wait. I have been carrying mine unload gun in holster on dashboard
    mag in holster next to it and that is wrong?
    I thought as long as it was unloaded and in plain sight you are ok....
    Now I know about school zones and all that... not talking about that...

    Guit

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    This reply came from a Southern CA LEO.

    Hey Guit,

    Great question. Many young cops don't even know exactly what the law says. First of all it is legal to UOC in a vehicle. Just make sure that your route does not go within 1000 feet of a school zone. If you choose to conceal your gun you must lock it in a container that has a working lock. You don't have to drop the mag as long as the gun is locked in the container. Remember a' "jockey box" wont work. If you aren't going to UOC in a vehicle, put it in the trunk to be safe.

    Good luck

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    guitrman1001 wrote:
    You don't have to drop the mag as long as the gun is locked in the container.


    He's wrong about that if he means loaded mag. If it is concealed (and you don't have a 12031 PC and12027 PCexemption (like a 12050PC license to carry orpeace officer status) then it must be unloaded to claim the 12026.1a and .2aconcealed exemptions.

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    So in my truck can i drive with an unload gun on my hip? What about on my Harley? To make the matter more complicate i live right across the street from a college. Would I have to Lock up my gun to leave my house?

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    Regular Member Decoligny's Avatar
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    wakeguy35 wrote:
    So in my truck can i drive with an unload gun on my hip? What about on my Harley? To make the matter more complicate i live right across the street from a college. Would I have to Lock up my gun to leave my house?
    PLEASE - Read over the many posts that have already discussed these questions in depth.

    Spend a day or two looking over the information.

    Read the Pamphlets.

    Read the Penal Code.

    Take the time to do some studying, then ask some questions.



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    wakeguy35 wrote:
    So in my truck can i drive with an unload gun on my hip? What about on my Harley? To make the matter more complicate i live right across the street from a college. Would I have to Lock up my gun to leave my house?
    Truck ~ Harley ~ on foot... no difference in laws.

    The "gun free school zones" are only within 1,000 feet of any K-12 school, and on any campus. So, as long as you don't go on the college campus, and not otherwise near a K-12, then you're OK.

    (In fact, I carried for over a year where I spent most of my time about 20 feet from a college campus. One time I had a University PD officer park and watch me for 15 minutes, but he ultimately chose not to bother me.)
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    wewd wrote:
    ...

    You may not transport or store your handgun in your vehicle's glove box or utility compartment, since those are specifically exempted. Your vehicle's locked trunk is considered a secure container and you may transport your handgun there without the need for any additional container or lock.

    ...
    To clarify, there is no prohibition on transporting in your glove box or utility compartment. The statute simply states that these do not qualify as secure containers under the exemption. (E.g. a locking glove box does not qualify for exemption from 12025.)

    However, if you want to put your firearm in a qualified locking container, there is nothing preventing you from transporting this 12025-exempt container within your glove box or utility compartment... or duct-taped to the roof of your car, for that matter.
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    Yeah, I should have been more clear on that. Thanks, CA_Lib.
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    So as long as my gun is unloaded and in a locked container, there's no problem with storing it under my passenger seat correct? Can I still have loaded mags in the truck also as long as it's not in the case?

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    Poblacht32 wrote:
    So as long as my gun is unloaded and in a locked container, there's no problem with storing it under my passenger seat correct? Can I still have loaded mags in the truck also as long as it's not in the case?
    Once your firearm is in a proper locking container, 12025 does not apply at all. Feel free to put that container under your seat, in your trunk, on the dash board, in your glove/utility compartment, bolt it to the roof of your truck, or even tuck it under your coat.

    You can also put your mags anywhere you want, except if the mag is full, then don't put it in the mag well. Contrary to popular FUD, there is no law prohibiting the transport of gun/mag/ammo all in the same container. If you ever need your firearm to defend your life, it would be a bad idea to add extra delay to your response time. IMO just keep it all in one container.

    Also, don't conceal a mag. Exposed gun + concealed mag = 12025 violation. My advice is conceal all of them, or conceal none of them.
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    So if my mags are full, then I have to have them out in the open in plain view correct?

    I assume if they were unloaded, then I would be able to keep them in the gun case under my seat being that the gun is unloaded and locked.

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    Poblacht32 wrote:
    So if my mags are full, then I have to have them out in the open in plain view correct?

    I assume if they were unloaded, then I would be able to keep them in the gun case under my seat being that the gun is unloaded and locked.
    You're either exempt from 12025 or not. Locking your gun/mag in a proper container will exempt you from 12025.

    So... (assuming a full magazine)

    1. Gun and mag in locked container = OK
    2. Gun in holster, mag in holster = OK
    3. Gun in holster, mag locked in container = OK
    4. Gun in locked container, mag in holster = OK
    5. Gun in holster, mag concealed under seat/in pocket/etc (not in locked container) = 12025 violation

    Hope this more fully clarifies the issue for you.
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    Thanks for the clarification and not telling me to go read a pamphlet.

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    Now go read :P Welcome to OCDO! (the problem is they are not stickied so how do you know where to go?)

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    Yes it does. Thanks again for the info!

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    Ok, how about my shotgun? I can't put in in a holster or locked container.... Can I carry it on the passanger's seat unloaded? Back seat? I drive a Jeep and have no trunk.
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    Long guns are not relevant to 12025. That only applies to concealable firearms.

    12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
    (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
    (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
    (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
    So as long at the long gun is not loaded, you can walk down the street with it under your trench coat, put it under the seat of your car, whatever.

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    wakeguy35 wrote:
    So in my truck can i drive with an unload gun on my hip?
    Yes, except for obstacles like 1,000 ft. school zones (which do not include colleges); youc an also open carry a loaded handgun in vehicles in unincorporated areas where the County has not banned shooting; but even then, more obstacles loom: Where are you? Unincorporated or incorporated area? Has the County banned shooting in some part of that area and are you in it?

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    where can i find a safe like that with the three combos and turn knob? all the ones i can find have keys and thats the last thing i want to be caught doing is fumbling for a key when i'm in danger...


    never mind found them at Cabela's

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