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Thread: Cannot Drive through Sacramento with handgun?

  1. #1
    Activist Member
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    Nov 2007
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    Reno, Nevada, USA
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    Cannot Drive through Sacramento with handgun?

    http://www.qcode.us/codes/sacramento...ll=1&frames=on

    The term “dangerous or deadly weapon” includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length; any snap-blade, spring-blade or push-button knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm and any firearm other than one carried pursuant to a valid permit, issued by a duly authorized governmental authority, or any ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport. (Prior code § 48.01.001)
    9.32.050
    It is unlawful for any person to have in his or her possession, in any automobile, any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate sport or recreation. (Prior code § 48.01.005)
    It appears that Sacramento is saying that one cannot be in a vehicle with a handgun that is not transported as provided by Title 18 USC 926A. But it appears that one could transport a rifle or shotgun normally as long as one said they were for lawful sport?

  2. #2
    State Pioneer ConditionThree's Avatar
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    May 2006
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    Shasta County, California, USA
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    Sacramento City Code-

    9.32.010 “Dangerous or deadly weapon” defined. The term “dangerous or deadly weapon” includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length; any snap-blade, spring-blade or push-button knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm and any firearm other than one carried pursuant to a valid permit, issued by a duly authorized governmental authority, or any ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport. (Prior code § 48.01.001)
    Is pre-empted specifically by the following California Penal Code section...

    12026.1 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.
    And both are superceded by the supremacy of the following amendment..

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
    I am not an attorney and this is not legal advice....

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