unloaded gun in locked container

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i've spent the past hour or so trying to find the answer to my question, but i'm still not really sure.

I live in michigan and OC almost everywhere, i am also a concealed pistol license holder and have reciprocity with most states (not cali)

my question however, isn't entirely related to open carry.

I will be driving to california this summer. I just want to make sure that is it legal for out of state residents while visiting your state to keep a pistol unloaded and locked in a pistol case in the trunk of their car. Pistol will be a 5 shot revolver (my normal carry piece is 15+1, but apparently not legal in cali)

Thanks

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lapeer20m wrote:

i've spent the past hour or so trying to find the answer to my question, but i'm still not really sure.

I live in michigan and OC almost everywhere, i am also a concealed pistol license holder and have reciprocity with most states (not cali)

my question however, isn't entirely related to open carry.

I will be driving to california this summer. I just want to make sure that is it legal for out of state residents while visiting your state to keep a pistol unloaded and locked in a pistol case in the trunk of their car. Pistol will be a 5 shot revolver (my normal carry piece is 15+1, but apparently not legal in cali)

Thanks

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Your pistol is likely legal in CA (i.e. no threaded barrel, mag well isn't outside the pistol grip) its the >10 round mags that are the problem. Get some 10 round mags and you're fine.

Generally speaking you are safe anywhere in CA if you are traveling with a handgun unloaded and locked in a 'secure' container.

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thank you

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mjones wrote:

lapeer20m wrote:

i've spent the past hour or so trying to find the answer to my question, but i'm still not really sure.

I live in michigan and OC almost everywhere, i am also a concealed pistol license holder and have reciprocity with most states (not cali)

my question however, isn't entirely related to open carry.

I will be driving to california this summer. I just want to make sure that is it legal for out of state residents while visiting your state to keep a pistol unloaded and locked in a pistol case in the trunk of their car. Pistol will be a 5 shot revolver (my normal carry piece is 15+1, but apparently not legal in cali)

Thanks

Click to expand...

Your pistol is likely legal in CA (i.e. no threaded barrel, mag well isn't outside the pistol grip) its the >10 round mags that are the problem. Get some 10 round mags and you're fine.

Generally speaking you are safe anywhere in CA if you are traveling with a handgun unloaded and locked in a 'secure' container.

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I asked CHP officers the same question. If stopped do I have to inform them of the gun in the container. They both said "NO". not needed.

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dirtykoala wrote:

i also know now too... but i wont tell.

dangers of talking to a cop harshly.... http://www.youtube.com/watch?v=ZOU8GIRUd_g

Click to expand...

Ooooh!!!! Rick rolled. You jerk! LOL

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lapeer20m wrote:

i've spent the past hour or so trying to find the answer to my question, but i'm still not really sure.

I live in michigan and OC almost everywhere, i am also a concealed pistol license holder and have reciprocity with most states (not cali)

my question however, isn't entirely related to open carry.

I will be driving to california this summer. I just want to make sure that is it legal for out of state residents while visiting your state to keep a pistol unloaded and locked in a pistol case in the trunk of their car. Pistol will be a 5 shot revolver (my normal carry piece is 15+1, but apparently not legal in cali)

Thanks

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It is legal

U.S. Code Title 18, Part 1, Chap 44 refers to interstate transportation of firearms.

PC 12026.1 also deals with this.

PC 12020 refers to Large Capacity Magazines.

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dirtykoala wrote:

wewd wrote:

If they ask what's in the case, tell them it's private property. If they insist, tell them it's none and their damn business and if they want to see what's inside, demand they get a search warrant. Okay, maybe not in such harsh terms (unless they deserve it), but you get the idea.

Unless it's obviously a gun case (GLOCK stamped on the side) they should have no valid reason to suspect it may contain a firearm, and therefore no reason to perform an (e) check. I transport in a non-black Pelican case, which could contain anything of value worth protecting, but only I know what's really inside.

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i also know now too... but i wont tell.

dangers of talking to a cop harshly.... http://www.youtube.com/watch?v=ZOU8GIRUd_g

Click to expand...

Rick Astley... ROFLMAO. has the voice of a black singer and the face of HOWDY DOODY!!!

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SomeGuyInCali wrote:

dirtykoala wrote:

i also know now too... but i wont tell.

dangers of talking to a cop harshly.... http://www.youtube.com/watch?v=ZOU8GIRUd_g

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Ooooh!!!! Rick rolled. You jerk! LOL

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I wonder what the riskswould beof open carrying in your car here in CA.? I would think it would be legal as long as your firearm is unloaded and your loaded magazines are out in the open or is that illegal to have a loaded magazine while driving?

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School zones are a problem while driving, unless you plan on meticulously mapping out your route and sticking to it, avoiding any detours or extra stops that might take you into a school zone.

It's not about the legality of UOC while driving, it's the school zones that'll wreck your day.

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Edward Peruta wrote:

Sound familar?

Man Charged With Posting Threat On Newspaper Website
The Hartford Courant

12:46 PM EST, February 9, 2010

TORRINGTON —

A 26-year-old man is accused of posting an anonymous threatening comment about a Torrington police officer on The Register-Citizen newspaper's website last month.

Brian E. Couse, of Stanfordville, N.Y., turned himself in to police, who charged him with second-degree breach peace on Tuesday. Couse was released on $2,500 bail and is due in Bantam Superior Court on Feb. 22.

An employee at the Register-Citizen called officers on Jan. 20 after noticing the threat in the comment section beneath an online article. The article was police-related, Lt. Michael Emanuel said, but he declined to comment on what the story was about.

Police launched an investigation and later executed a search warrant, which revealed the Internet protocol address and identity of the anonymous blogger.

Couse sent the message from a work computer in New York, Emanuel said. He declined to say where Couse worked but said that he has been fired from the job.

The comment was "a threat of physical violence against an active police officer," Emanuel said.

"Simply because a person posts comments in an anonymous fashion does not give them the right to threaten or cause fear in people or their families," he said in a statement.

Calls to the Register-Citizen were not immediately returned.

— Jenna Carlesso

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Whatever happened to Rod Tuason's facebook threat? :banghead:

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CA_fr_KS wrote:

Edward Peruta wrote:

Sound familar?

Man Charged With Posting Threat On Newspaper Website
The Hartford Courant

12:46 PM EST, February 9, 2010

TORRINGTON —

A 26-year-old man is accused of posting an anonymous threatening comment about a Torrington police officer on The Register-Citizen newspaper's website last month.

Brian E. Couse, of Stanfordville, N.Y., turned himself in to police, who charged him with second-degree breach peace on Tuesday. Couse was released on $2,500 bail and is due in Bantam Superior Court on Feb. 22.

An employee at the Register-Citizen called officers on Jan. 20 after noticing the threat in the comment section beneath an online article. The article was police-related, Lt. Michael Emanuel said, but he declined to comment on what the story was about.

Police launched an investigation and later executed a search warrant, which revealed the Internet protocol address and identity of the anonymous blogger.

Couse sent the message from a work computer in New York, Emanuel said. He declined to say where Couse worked but said that he has been fired from the job.

The comment was "a threat of physical violence against an active police officer," Emanuel said.

"Simply because a person posts comments in an anonymous fashion does not give them the right to threaten or cause fear in people or their families," he said in a statement.

Calls to the Register-Citizen were not immediately returned.

— Jenna Carlesso

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Whatever happened to Rod Tuason's facebook threat? :banghead:

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HMMMMM They don't seem concerned about his 1st amemdment right, unlike the concern for Rod. I guess some of us are above the law.

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if i read both the federal and cali gfsz legislation correctly, the 1,000 foot rule does not apply to transport of an unloaded pistol in a locked case in the trunk.....

is that a correct analysis?

Just one more question...

does the fact that my pistol is not registered in cali matter at all? (i assume cali has handgun registration?)

and as far as us code title 18 xxx i don't think that really helps me out in cali, since i can't really claim i am just passing through on my way to another state.

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

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Just trying to get all my ducks in a row.

All of the other states i'm driving through have reciprocity with michigan cpl. I hate sleeping in a roadside motel without a pistol.

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I don't THINK it has to be in the trunk to avoid GFSZ problems. My understanding is unloaded, locked in a container (full mag can be right next to it), and it can be sitting on your dash if you wanted to (or seat, under seat, wherever you want it).

BUT....BIG BUT.... I am also new to Cali UOC and the rules.

I was also wondering about the "not registered in Cali" thing as while I originally purchased the pistol in Cali it was a LONG time ago. The dealers kept the paper records and I think that was it (dealer since out of business).

Since mine is a pre ban weapon with a "high cap" mag, I figure it could present problems on the street level but that I would be clear if it ever went to court.

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lapeer20m wrote:

if i read both the federal and cali gfsz legislation correctly, the 1,000 foot rule does not apply to transport of an unloaded pistol in a locked case in the trunk.....

is that a correct analysis?

Just one more question...

does the fact that my pistol is not registered in cali matter at all? (i assume cali has handgun registration?)

and as far as us code title 18 xxx i don't think that really helps me out in cali, since i can't really claim i am just passing through on my way to another state.

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Click to expand...

Just trying to get all my ducks in a row.

All of the other states i'm driving through have reciprocity with michigan cpl. I hate sleeping in a roadside motel without a pistol.

Click to expand...

re: in your motel room....as you have rented it, it is your domicile and you can load up.

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http://caopencarry.blogspot.com/2009/12/open-carry-faq.html

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Can this FAQ PLEASE get a sticky? That would solve SOOOOO many posts!

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Okay I just read the WIKI and either I am completely wrong on an issue or it is wrong.

SPECIFICALLY:

On private property (yours, family, friend, etc.) the WIKI indicates that if you don't have a fence around the property that it is considered "public".

HOWEVER:

CA Penal Code 626.9 (school zones):

626.9 (c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:


626.9 (c) (1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.

No mention of PUBLIC PLACE, merely a requirement that you are on PRIVATE PROPERTY to be exempted from 626.9 for loaded or unloaded carry.


THEN in CA Penal Code 12031

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.


12031 (e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.


12031 (h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that property.


12031 (l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.


So if I am on my own or my mothers property (no fence) but within a "school zone", I see nothing in 626.9 or 12031 that prevents me from carrying a loaded firearm openly or concealed.

WHAT AM I MISSING?

626.9 (c) (1) says it doesn't apply on PRIVATE PROPERTY

12031 (h) says it doesn't apply on PRIVATEPROPERTY (not PUBLIC PLACE)

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We-the-People wrote:

Okay I just read the WIKI and either I am completely wrong on an issue or it is wrong.

SPECIFICALLY:

On private property (yours, family, friend, etc.) the WIKI indicates that if you don't have a fence around the property that it is considered "public".

HOWEVER:

CA Penal Code 626.9 (school zones):

626.9 (c) (1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.

No mention of PUBLIC PLACE, merely a requirement that you are on PRIVATE PROPERTY to be exempted from 626.9 for loaded or unloaded carry.


THEN in CA Penal Code 12031

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.


12031 (e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.


12031 (h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that property.


12031 (l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.


So if I am on my own or my mothers property (no fence) but within a "school zone", I see nothing in 626.9 or 12031 that prevents me from carrying a loaded firearm openly or concealed.

WHAT AM I MISSING? They say private PROPERTY not PUBLIC PLACE.

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Wiki is right.

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Gundude wrote:

Wiki is right.


Based upon what section and subsection of the LAW? The case law of the dope dealer that had the fence doesn't seem to apply and both 626.9 and 12031 are black letter in support of being able to carry on private property, particularly MY private property.

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We-the-People wrote:

Gundude wrote:

Wiki is right.


Based upon what section and subsection of the LAW? The case law of the dope dealer that had the fence doesn't seem to apply and both 626.9 and 12031 are black letter in support of being able to carry on private property, particularly MY private property.

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Howdy, may I have those WIKI link and page link you are read about it please.

But you are in State of Oregon unless you are now in California?

Last time I read it about the 'front' property rules from two cases for both home and business.

Thanks