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Flying into San Francisco with my handgun?

tricityguy

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Hey folks,

I'm buying a car in California and am flying into San Francisco. I'd like to have a gun with me for my drive back to Washington State.

I'm familiar with airport rules for checking firearms, however, I am NOT familiar with California and San Francisco law. I don't want to be arrested upon landing when I go to retrieve my firearm.

What do you think? I've got a variety of guns I can bring. I know my 17 round XD-9 mags aren't going to be legal; what about a Tomcat 3032 with a 6 round mag? Or should I just forget this idea altogether?
 

mjones

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tricityguy wrote:
Hey folks,

I'm buying a car in California and am flying into San Francisco. I'd like to have a gun with me for my drive back to Washington State.

I'm familiar with airport rules for checking firearms, however, I am NOT familiar with California and San Francisco law. I don't want to be arrested upon landing when I go to retrieve my firearm.

What do you think? I've got a variety of guns I can bring. I know my 17 round XD-9 mags aren't going to be legal; what about a Tomcat 3032 with a 6 round mag? Or should I just forget this idea altogether?


The easiest and simplest answer...

Keep it unloaded and locked in a 'secure' container. There is no defintion of secure, but if you use the same case that you use to fly you will be fine.

Magazines may be 'loaded' and stored in the same locked container, but a loaded magazine may not be inserted into the pistol.

Do not unlock the container unless you feel your are in danger of death or great bodily harm.

If by some bizzare stroke of bad luck you get busted for doing nothing wrong, contact the CalGuns Foundation ASAP (http://www.calgunsfoundation.org/)

-----

You may not import a large capacity magazine (11+ rounds) into the state of CA unless you posessed the magazine within CA before 1/1/2000.

You may not bring in any assault weapons. i.e. no threaded barrels - if its a 'conventional' pistol that's likely the only assault weapon attribute you will likely need to be aware of.


-----

Have a safe trip!
 

markm

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Hello tricityguy,

I would bring your 6 shot gun. Make sure you have a lockable container and don't open carry as School zones are everywhere. Beware that SF and other jurisdictions are anti-gun and anti-gun owner.

I have driven across country andflown on commercial planes with handguns. I have driven through states where handgun possesion by a non-citizen is not legal. I took my chances, and when necessary, I have dismantled and locked-up the parts. The benefit from having a weapon on a lonely road while car trouble has jinxed you is worth the risk.

My folks and I have used weapons to descalate scary situations. That distinctive sound emitted by a semi-auto when a round is jacked into firing position can be a real attitude adjustment for some. For myself and my mom, we know for a fact!

I am not giving you legal advice here as I am not a lawyer. For me, the risks are outweighed by the benefits.

Stay clean and don't give LEOs RAS or PC. People have no idea how many guns are being carried by people who are otherwise, law abiding citizens.

markm
 

Iopencarry

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not giving legal advice, just how I see the law,

must be 1000' away from a 'gun free school zone' any k-12 puplic or private

gun must be unloaded, and if carried, carried exposed. Mags must be exposed.

can carry while driving, but watch for GFSZ's,

rec: that you keep it locked until clear of San Fransico. schools are everywhere

would asume you will be on 101 going north, until transfer to 5, should be good most of the way to UOC . (my .opinion)

on a side note:

this must be some car... to come all the way down here, buy a CA smog car, and drive it home. you just have to show pics. lol
 

tricityguy

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Thanks folks. I'm not worried once I'm in the vehicle, was just concerned with retrieving the firearm at the airport. I've heard stories about folks who flew into gun-unfriendly cities and were arrested trying to retrieve their piece. I'll stick with the small mag Tomcat.

I understand my rights with regards to traffic stops and won't be doing anything that will get me pulled over, let alone my vehicle searched, etc. I won't be open carrying. Just wanted something for emergency self defense if necessary.

On the car: This will be the fourth vehicle I've brought out of California. I love California cars, as the environment preserves them very well. This one is a '91 MR-2 with 45k original miles from the original owner. Cleanest MR-2 I've ever seen. I've previously purchased a DeLorean and a supercharged Pontiac Fiero out of Sacramento, and a Honda Insight out of San Diego. All were exceptionally clean.
 

ianto94

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Do not bring in any magazines with capacity in excess of 10 rounds.
 

mjones

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ianto94 wrote:
Do not bring in any magazines with capacity in excess of 10 rounds.
You may not import a large capacity magazine (11+ rounds) into the state of CA unless you posessed the magazine within CA before 1/1/2000.
 

Iopencarry

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yea, we dont have much salt damage done to them down here. Hope you enjoy the trip.

If you keep the gun locked up in the travel case,(per the air port fly rules) you will have NO trouble inside CA.
 

demnogis

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Someone posted earlier that "secure container" is not defined.

It is. See 12026.1 (c)

Any locking container secured by padlock, key lock, combination lock or biometric lock which cannot allow you to manipulate the firearm (can't pull the trigger, pull the hammer, etc). It could be a burlap sack locked by a padlock, it could be a iron box with a combination.

Please cite PC for reference!
 

mjones

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demnogis wrote:
Someone posted earlier that "secure container" is not defined.

It is. See 12026.1 (c)

Any locking container secured by padlock, key lock, combination lock or biometric lock which cannot allow you to manipulate the firearm (can't pull the trigger, pull the hammer, etc). It could be a burlap sack locked by a padlock, it could be a iron box with a combination.

Please cite PC for reference!

Just a minor nit, but I specifically said "secure" isn't defined. The PC link you provide doesn't define it either...

:cool:
 

Decoligny

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demnogis wrote:
Someone posted earlier that "secure container" is not defined.

It is. See 12026.1 (c)

Any locking container secured by padlock, key lock, combination lock or biometric lock which cannot allow you to manipulate the firearm (can't pull the trigger, pull the hammer, etc). It could be a burlap sack locked by a padlock, it could be a iron box with a combination.

Please cite PC for reference!
The key word are "As used in this section". That means that the definition of secure container shown in 12026.1 only applies to 12026.1.
 

demnogis

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Which is part of 12026, which refers directly to 12025. And here is the complete wording for 12026.1:

Code:
(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.
 

markm

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demnogis wrote:
Someone posted earlier that "secure container" is not defined.

It is. See 12026.1 (c)

Any locking container secured by padlock, key lock, combination lock or biometric lock which cannot allow you to manipulate the firearm (can't pull the trigger, pull the hammer, etc). It could be a burlap sack locked by a padlock, it could be a iron box with a combination.

Please cite PC for reference!

Hey demnogis,

I will rely on your legal opinion for "lockingcontainer" when you get your PC language chaptered, or you create case law that defines "locking container." Until then, the PC language is vague. How anyone can define a pad lock securing two zipper pulls as a "locking container", is beyond me; however, it is the current standard.

markm
 
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