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Is It Really Legal To OC While Driving??

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woody510

Regular Member
Joined
Nov 27, 2009
Messages
48
Location
East Bay, California, USA
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so i seen a couple of threads where guys have been talking about driving while OC'ing so i decided to give my local sheriff department a call since i live in a small unincorporated area of the county just to see how knowledgeable and what kind of info i could get i was told by dispatch that an LT. or a SGT. would be calling me back about half an hour later i got a call so i asked the Lt.

ME = "what is the state law for transporting a fire arm"

Lt. = "the gun must be unloaded in a locked container in the trunck of the vehicle and the ammunition must be in the glove box"

ME = "well i own a truck" ;) so what then"

Lt. Still in a locked container unloaded behind the seat out of your reach and ammo in the glove box

ME = well i have a extended cab so there is no behind the seat.

Lt. must be on the other side of the vehicle out of arms reach unloaded in a locked container ammo in the glove.

then i started asking about OC and he was beating around the bush but he ended up telling me that it is legal for me to OC but i would probably get some negative attention from LEO and it wouldn't be a good idea but it is my right i could tell he wanted to get off the phone like he didnt have anymore time to talk to me so i just said thank you and hung up but what is the Penal Code refering to OC'ing while driving cant really seem to find it?

I did find this:California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.
 
P

Poblacht32

Regular Member
Joined
Nov 19, 2009
Messages
78
Location
San Francisco Bay Area, ,
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I doopen carrysometimes while driving but not out in public. Just don't feel comfortable open carrying in public where I live knowing how the police here can be somtimes.

I too all these years thought that my handgun had to be unloaded and locked up and separate from the ammo. That's how I've been transporting it all these years until I found this forum and got a little more educated on the subject.
 
ConditionThree

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
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woody510 wrote:
so i seen a couple of threads where guys have been talking about driving while OC'ing so i decided to give my local sheriff department a call since i live in a small unincorporated area of the county just to see how knowledgeable and what kind of info i could get i was told by dispatch that an LT. or a SGT. would be calling me back about half an hour later i got a call so i asked the Lt.

ME = "what is the state law for transporting a fire arm"

Lt. = "the gun must be unloaded in a locked container in the trunck of the vehicle and the ammunition must be in the glove box"

ME = "well i own a truck" ;) so what then"

Lt. Still in a locked container unloaded behind the seat out of your reach and ammo in the glove box

ME = well i have a extended cab so there is no behind the seat.

Lt. must be on the other side of the vehicle out of arms reach unloaded in a locked container ammo in the glove.

then i started asking about OC and he was beating around the bush but he ended up telling me that it is legal for me to OC but i would probably get some negative attention from LEO and it wouldn't be a good idea but it is my right i could tell he wanted to get off the phone like he didnt have anymore time to talk to me so i just said thank you and hung up but what is the Penal Code refering to OC'ing while driving cant really seem to find it?

I did find this:California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.
Click to expand...

This is why it is not recommended to seek legal advice from law enforcement and internet strangers.

You will note that the Lt kept changing the standards of lawful transportation as you changed the circumstances. The law doesnt do this and the absense of a citation of law tells us that this is the Lt's perception of what they think the law says or an editoralized version of what he wants us to know.

12025 (f) defines what is considered 'not concealed'. Therefore the exemptions for 12025 found elsewhere, such as the one for a secure locked case, are not applicable.
 
wewd

wewd

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Joined
May 5, 2009
Messages
664
Location
Oregon
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12025 criminalizes the concealment of a firearm on one's person or in one's vehicle. The open view rule applies the same to vehicles as to one's person. If it can be plainly seen, then it's not concealed, therefore the law is not violated. The locked container is a form of lawful concealment and except for transporting through a school zone or when transporting registered assault weapons, is not required when transporting or carrying firearms in a vehicle. A firearm does not automatically become concealed simply by entering a vehicle.

There's also section (f), which states: Firearms carried openly in belt holsters are not concealed within the meaning of this section. The law is quite clear on open carry in a belt holster, and does not make exceptions for carry in a vehicle. It is legal to carry on your belt in a car. But you still must lock up the firearm when passing through a school zone.

There is no law requiring ammunition to be in a separate container or away from a firearm, it simply may not be loaded into the firearm's chamber or in any magazine integral to or inserted into the firearm. Carrying your firearm with an empty magazine inserted will insure there is no mistake by the police on which magazine was inserted where.
 
coolusername2007

coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,659
Location
Temecula, California, USA
imported post

woody510 wrote:
Lt. = "the gun must be unloaded in a locked container in the trunck of the vehicle and the ammunition must be in the glove box"

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.
Click to expand...
What the Lt. stated would actually be double locked as the container and the trunk are both "locked containters". This is not required, this is just another LEO trying to create laws that do not exist.
 
MudCamper

MudCamper

Founder's Club Member
Joined
Sep 17, 2007
Messages
709
Location
Sebastopol, California, USA
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As others have already stated, it is perfectly legal to carry or transport a handgun in your vehicle openly, not in a locked case. PC 12025 prohibits concealing. And the 12026 locked case exemptions merely create ways to legally conceal. And there is no code that prohibits where you keep your ammunition.

However, the caveat to this is the dreaded "school zone". If you pass through any "school zones" (within 1000 feet of school property) then it needs to be in a locked case to avoid violating PC 626.9.
 
C

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
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As others have already said, the requirement to lock up your gun during transport is only to exempt you from 626.9 and/or 12025. If you're not in a school zone, and if your firearm is not concealed, then it doesn't need to be locked up.

I will add that there is absolutely no statutory requirement to keep ammo seperate, nor is there one to keep the firearm out of reach, or at the furthest point of reach. Your locked container - containing both unloaded firearm and full mags - can be under the driver seat, in your lap, or duct-taped to the roof of your car. There's simply nothing on the books. That which is not prohibited is lawful de facto.

If anybody ever claims otherwise, kindly request that they direct you to the statute so you can read it for yourself.
 
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