imported post
Chewy 352, You have stated "Now some say that it has to be in a "belt holster" but that is not the case."
Please Cite and post the verbiage of the specific CA law that describeshow one can legally transport a handgunto a vehiclefor transport that isnotin a locked container. I would really like to see that lawin writing, as I would like to have the option ofnot transporting my hangun(s) in locked containers in my vehicle. From what I read below in Penal Code 12026I do not interpret it as stating that I can legallytransport a pistol, revolver, or other firearm capable of being concealed upon the person open in ones vehicle that is notin a locked container or the vehicles trunk. Also from what I read per Penal Code 12026.1. In order to transport a handgun, then someonehas totransport the handgun to theirvehicle in alocked container (it states states that the firearm must be contained in a locked container while being physically carried).
Chewy 352,You have also stated "To make this short and sweet 12025 clearly states that, "a firearm carried openly in a belt holster is not concealed." and you also say I cut past several PC's to make my point... Read below....
Section 12025 does not apply to or affect any of the following:
[align=left]• Any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not prohibited from owning or possessing firearms pursuant to Penal Code sections 12021 or 12021.1 or section 8100 or 8101 of the Welfare andInstitutions Code, may carry, either openly or concealed, anywhere within his or her place of business, or on private property owned or lawfully possessed by him or her any pistol, revolver,or other firearm capable of being concealed upon the person. A permit or license to purchase, own, possess, keep, or carry is not required under these circumstances. (Penal Code § 12026.)[/align]
[align=left]• The transportation or carrying of any pistol, revolver, or other firearm capable of being concealed upon the person by any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and is not within the excepted classes prescribed by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code sections[/align]
[align=left]8100 or 8103, provided that the following applies:[/align]
[align=left]- 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, and; - when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the firearm must be contained in a locked container while being physically carried. (Penal Code §12026.1.)[/align]
[align=left]Penal Code Section 12025 does not apply to or affect the lawful transportation or possession of a firearm under specific circumstances, including, but not limited to, the following:[/align]
[align=left]• The transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and if that firearm is being transported to a law enforcement agency, the person gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency. (Penal Code § 12026.2(a)(17).)[/align]
[align=left]• The transportation of a firearm by a person who finds the firearm, and is transporting it to a law enforcement agency for disposition according to law, if he or she gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition according to law. Firearms must be transported unloaded and in a locked container and the course of travel shall include only those deviations between authorized locations, as necessary. (Penal Code §§ 12026.2(a)(17), (18) and (b).)[/align]
[align=left]• The carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is authorized to carry that weapon in a concealed manner pursuant to Article 3 (commencing with section 12050) of the Penal Code.[/align]
[align=left]• Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using concealable firearms upon the target ranges.[/align]
[align=left]• Authorized peace officers, retired peace officers, and retired federal officers or agents, as defined in Penal Code sections 830.1, 830.2, 830.5, 12027(a) and 12031(b).[/align]
[align=left]• Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from such hunting or fishing expeditions.[/align]
[align=left]• The possession or transportation of unloaded pistols, revolvers, or other firearms capable of being concealed upon the person as merchandise by a person who is licensed in the business of manufacturing, repairing, or dealing in firearms.[/align]
[align=left]• The carrying of unloaded pistols, revolvers, or other firearms capable of being concealed upon the person by duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their respective organizations.[/align]
[align=left]• Guards or messengers of common carriers, banks, and other financial institutions while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state.[/align]
[align=left]• Transportation of unloaded firearms by a person operating a licensed common carrier or an authorized agent or employee thereof when transported in conformance with applicable federal law.[/align]
[align=left]Also be aware:[/align]
[align=left]Forfeiture for Violation of the Penal Code[/align]
[align=left]Penal Code section 12028 requires forfeiture of (a) any weapon illegally carried upon the person or within any vehicle and (b) any firearm illegally owned, possessed, or used in the commission orattempted commission of any felony or specified misdemeanor. Penal Code section 12029 requiresforfeiture of any short-barreled shotgun, short-barreled rifle, cane gun, wallet gun, plastic firearm, firearm not immediately recognizable as a firearm, zip gun or unconventional pistol as specified inPenal Code section 12020. Penal Code section 12251 requires forfeiture of any machinegun possessed in violation of the permit and/or license provisions of Penal Code sections 12230 through 12250.[/align]
Possible forfeiture isalso myreasoning whyI cover my tail and travel with handgunsin locked containers, so as not to leave it up the the discretion of any LEO to confiscate my gun(s)..possible court appearances, trials, etc. Also, I never said it was the law to transport ammo separate from unloaded firearms in my vehicle. That is my personal choice oftransport.