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Thread: Coming to OC in CA (Walnut Creek)

  1. #1
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    Coming today from NV, any info on what to do and not to do when OCing and traveling with firearm in car would be great.

    Thanks!

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    DO NOT carry the gun loaded.

    DO NOT conceal the gun or any part of it (i.e. the mag) loaded or not.

    DONOT carry it outside a locked container, loaded or not,within 1000 feet of a school.

    Legally, the safest way is to carry it is in a locked container. "One that does not allow access to the firearm without first opening the lock,or, destroying the lock, the locking mechanism,or the container."

    The container statute, nor the case law interpreting it, does not specify any material from which the container must be made. It says "secure container". As you can see...

    Calif. Penal Code ยง 12026.1.Firearm in trunk of motor vehicle or in locked container(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.

  3. #3
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    DO NOT carry the gun loaded. -- So I OC not loaded or UOC as you say.

    DO NOT conceal the gun or any part of it (i.e. the mag) loaded or not.-- When UOC, can the mag be in the gun without rounds? Scenario; if I UOC with mag in the gun and I carry a second mag, the second mag which actually has rounds in it has to be visible, like on hip?

    DONOT carry it outside a locked container, loaded or not,within 1000 feet of a school. -- OK

    When driving, the gun can be in the trunk locked. Can the loaded mags be with the gun say locked in a gun case that is locked in the trunk?

  4. #4
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    dchoepp wrote:
    DO NOT conceal the gun or any part of it (i.e. the mag) loaded or not.-- When UOC, can the mag be in the gun without rounds? Scenario; if I UOC with mag in the gun and I carry a second mag, the second mag which actually has rounds in it has to be visible, like on hip?

    You can have an unloaded magazine in the firearm. In fact, that's how most of us carry for a variety of reasons.

    When driving, the gun can be in the trunk locked. Can the loaded mags be with the gun say locked in a gun case that is locked in the trunk?

    You can carry loaded magazines in the same container as the firearm. Just make sure the mag can't slide into the mag well and you're fine.

  5. #5
    Regular Member mjones's Avatar
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    dchoepp wrote:
    When driving, the gun can be in the trunk locked. Can the loaded mags be with the gun say locked in a gun case that is locked in the trunk?
    If the gun (and/or mags) are in a 'secure locked container' there is no need for the container to be in the trunk.

    However,I would recommend that you use the trunk if your secure container looks anything remotely like it might contain a firearm. In other words, avoid 5th ammendmant search/siezure issues incase you get pulled over for speeding or something.

    Here in CA Penal Code 12031(e) gives LEOs the authority to inspect a firearm to see if it is loaded and you are in an incorporated area or in an unincorporated area where discharge of a firearm is prohibited. It is unclear at this time if 'the likelyhood' of a gun being present would qualify, but admitting to the presence of a firearm certainly would.

    Have a safe trip!

  6. #6
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    My gun is illegal (says not legal in CA on the case) in CA anyways, forgot. I have an XDm, mags are 19 capacity. Now I know why I moved from there, no offense.

    That's just great, when seconds count, the police are only minutes away. So hows this, that's just one more gun I'm going to own because I am going to buy one just for CA.

    Thanks to all for input.

  7. #7
    Regular Member mjones's Avatar
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    dchoepp wrote:
    My gun is illegal (says not legal in CA on the case) in CA anyways, forgot. I have an XDm, mags are 19 capacity. Now I know why I moved from there, no offense.

    That's just great, when seconds count, the police are only minutes away. So hows this, that's just one more gun I'm going to own because I am going to buy one just for CA.

    Thanks to all for input.
    The pistol is perfectly legal in CA. What you are inadvertantly referring to is the California 'not unsafe' handgun roster. That list of handguns is the list of what is legal to sell by a licensed firearms dealer in CA.

    That list has ZERO bearing on posession, importation, intra-familial transfer or pricvate party transfers.

    'large capacity magazines' (greater then 10 rounds) are illegal to bring into the state of CA unless you posessed them within the state prior to 1/1/2000. Strictly speaking, posession of them is not a crime, but considering XDm mags didn't exist before 2000 it gets icky. It is perfectly legal to have disassembled parts kits for large-cap mags.

    You also have the option of permanently converting a large cap mag to only hold 10 rounds.

  8. #8
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    I'm also coming to California.

    I'm planning a trip this summer to visit my sister in Modoc county. I called the local sheriff's office. They told me I must transport any gun, the magazines (max 10), and all ammunition, each in its own separate locked container.

    This strikes me as fanciful to require three separate locked cases, but I've been away from CA for a long time.

    Also, is it really illegal for me to bring my AR?

    A 94 year old GEW-98?

    ps. Is open carrying in a car still considered OC? Or does it need to be locked? Three boxes?

  9. #9
    State Pioneer ConditionThree's Avatar
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    Fenris wrote:
    I'm also coming to California.

    I'm planning a trip this summer to visit my sister in Modoc county. I called the local sheriff's office. They told me I must transport any gun, the magazines (max 10), and all ammunition, each in its own separate locked container.

    This strikes me as fanciful to require three separate locked cases, but I've been away from CA for a long time.

    Also, is it really illegal for me to bring my AR?

    A 94 year old GEW-98?

    ps. Is open carrying in a car still considered OC? Or does it need to be locked? Three boxes?
    Law enforcement has a miserable record for accuracy in deseminating complete information on carry and transportation. They should not be the sole source for your legal information. The Modoc County Sheriff's Department is wrong.

    The secure locked case is an exemption for 12025 (concealed weapon) and 626.9 (gun free school zone). There is no statutory requirement to keep ammunition and the firearm seperate, much less to keep them eachlocked in their own case.

    Unloaded open carry is no different in your car than it is if you are walking. 12025 (f) states that a firearm carried openly in a belt holster is not concealed. Special attentionto school zones should be considered however, as it is very easy to pass within 1000 feet of a school.

    Your AR may very well be illegal either by series or by definition if it is capable of accepting detachable magazines. Please see the Calguns assault weapon flowchart here.

    I am not an attorney and none of this information is intended as legal advice.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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