Travelling to California tonight from Washington.

Just Us · Jul 30, 2010

I'll be in a semi truck and I looked at some of the codes and so far I see I can transport in a vehicle but need more clarification.

Can I keep it in my backpack in between the seats? Loaded or unloaded? Being that I going to Sacramento and then onto west LA area. The back to Sacramento and home. (I do believe it needs to be unloaded) Looks like there are different codes for non-residents just passing through.

Just need a clean cut to the point answer so I can stay legal.

Thanks

SargentMac · Jul 30, 2010

Unloaded in a locked container, glove box doesn't count. When I travel to Cali, I keep an unloaded magazine with the gun in the locked container, and a loaded magazine stashed elsewhere, readily accessible.

Sons of Liberty · Jul 30, 2010

If you're just concerned about getting from point A to point B, just transport it unloaded in a locked container.

Or you can UOC, so long as you stay 1000 feet away from any K-12 school.

Just Us · Jul 30, 2010

I'm a fill-in for a team run and have no lock box handy.

my understanding is no cartridge and magazine in the firearm.

So might not be a good idea to keep it in the backpack with magazine out of it.

I'll be in LA about 2-3 in the morning sunday.

1245A Defender · Jul 30, 2010

unloaded in a back pack between the seats is NOT good enough, you will be violating 626.9 GFSZ are every where!
If you have any access to it in the cab, in must be in lock box!
harbour freight sells combo lock box, looks like a book for only 10$!
with out a lock box, you need a trunk, or locked storage area.

Just Us · Jul 30, 2010

626.9 really sucks. I've read some instances. Well dang.

thanks guys.

Felid`Maximus · Jul 30, 2010

Passing through Sacramento you might want to have the gun packed in compliance with 18 USC 926A.

http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000926---A000-.html

Sacramento municipal code appears to ban handguns in vehicles. Is the Sacramento code preempted? I don't know.

http://forum.opencarry.org/forums/showthread.php?78222-Cannot-Drive-through-Sacramento-with-handgun

If you bring a long gun instead of a handgun, you won't need to lock it up.

wewd · Jul 31, 2010

1245A Defender has been giving out bad advice everywhere lately.

Put the unloaded gun in a compartment of the backpack with a lockable zipper. Put some loaded mags in there with it. Maybe keep an empty mag in the gun to be safe. Throw a lock on the zipper and put the backpack between the seats. This is basically how I transport my pistol every day.

CA_Libertarian · Jul 31, 2010

SargentMac said:
Unloaded in a locked container, glove box doesn't count. When I travel to Cali, I keep an unloaded magazine with the gun in the locked container, and a loaded magazine stashed elsewhere, readily accessible.

Two quick notes:

The statutory term "loaded" does not apply to mags. We'll call mags "full" or "empty" to avoid confusion.

Full mags that are concealed in your possession are a likely a violation of 12025. See People v Hale. (Even though that case involved a readily accessible firearm in addition to the full mag, the wording could be construed in such a way that a concealed full mag is always a violation of 12025 - even with a locked up firearm.)

1245A Defender · Jul 31, 2010

wewd said:
1245A Defender has been giving out bad advice everywhere lately.

Put the unloaded gun in a compartment of the backpack with a lockable zipper. Put some loaded mags in there with it. Maybe keep an empty mag in the gun to be safe. Throw a lock on the zipper and put the backpack between the seats. This is basically how I transport my pistol every day.

sorry, but my advice was Not bad.. maybe incomplete, maybe overly cautious.
you are right about the back pack, If you can lock it.
just us, hadnt said lockable back pack.

are sargentmac and sons of liberty giving out bad advice too? i think not.
i know im posting in calif, but just us is from my state, im looking out for him.

Poblacht32 · Jul 31, 2010

CA_Libertarian said:
Two quick notes:

The statutory term "loaded" does not apply to mags. We'll call mags "full" or "empty" to avoid confusion.

Full mags that are concealed in your possession are a likely a violation of 12025. See People v Hale. (Even though that case involved a readily accessible firearm in addition to the full mag, the wording could be construed in such a way that a concealed full mag is always a violation of 12025 - even with a locked up firearm.)

I always travel with my handgun unloaded in a locked case but I always have a couple loaded magazines under the seat. I always thought that was LEGAL as long as your gun is unloaded and locked up.

wewd · Jul 31, 2010

Poblacht32 said:
I always travel with my handgun unloaded in a locked case but I always have a couple loaded magazines under the seat. I always thought that was LEGAL as long as your gun is unloaded and locked up.

Why not just keep the magazines in the same case with the gun? It's perfectly legal, and the preferred method. "Loaded" magazines concealed in a vehicle are PC for search/arrest for 12025 according to Hale.

1245A Defender said:
unloaded in a back pack between the seats is NOT good enough, you will be violating 626.9 GFSZ are every where!
If you have any access to it in the cab, in must be in lock box!

This is the bad advice I was talking about. If he puts a lock on the backpack, he will not be violating 626.9 or 12025. Furthermore your assertion that having access to the firearm in the vehicle requires it to be locked up has no basis in fact. That is pure FUD. He can open carry in a holster on his hip in the car, or sit the gun unloaded on his dash board, or on the seat next to him, and he's not breaking any law, except for the aforementioned 626.9 if he happens to be in a school zone. Otherwise, there is no issue.

wrightme · Jul 31, 2010

wewd said:
Why not just keep the magazines in the same case with the gun? It's perfectly legal, and the preferred method. "Loaded" magazines concealed in a vehicle are PC for search/arrest for 12025 according to Hale.

This is the bad advice I was talking about. If he puts a lock on the backpack, he will not be violating 626.9 or 12025. Furthermore your assertion that having access to the firearm in the vehicle requires it to be locked up has no basis in fact. That is pure FUD. He can open carry in a holster on his hip in the car, or sit the gun unloaded on his dash board, or on the seat next to him, and he's not breaking any law, except for the aforementioned 626.9 if he happens to be in a school zone. Otherwise, there is no issue.

Pedantry. That is what he said. Lock it up or chance a GFSZ violation. He worded it differently than you did. I think you were a bit overbearing with him.

He gave "good advice." He just didn't add the "you can open carry" to the advice. His statement appears to be quite valid. The guy is driving a truck, and is not likely to be able to take the time to determine a "GFSZ-free" route, nor will desire to stop, lock, drive, stop, unlock, OC, drive over and over to transit safely. Locked in a case is very good advice for his specific.

wewd · Jul 31, 2010

He stated that if you had access to the gun in the cab, it must be locked up, and by implication a gun in a backpack between the seats falls into the same category. Both statements are patently untrue. It's FUD and bad advice. I'm not here to beat up anyone for giving bad advice, I merely want to correct and educate. It benefits everyone.

wrightme · Jul 31, 2010

wewd said:
He stated that if you had access to the gun in the cab, it must be locked up, and by implication a gun in a backpack between the seats falls into the same category. Both statements are patently untrue. It's FUD and bad advice. I'm not here to beat up anyone for giving bad advice, I merely want to correct and educate. It benefits everyone.

If he had made that statement only, correct. But that statement by him was made in context of his post about GFSZ, so it WAS "good advice."

Had you desired only to "correct and educate" as opposed to "beat up anyone for giving bad advice," you could have approached it in a "correct and educate" manner instead of the "beat up" manner you chose. Fair?

wewd said:
1245A Defender has been giving out bad advice everywhere lately.

Put the unloaded gun in a compartment of the backpack with a lockable zipper. Put some loaded mags in there with it. Maybe keep an empty mag in the gun to be safe. Throw a lock on the zipper and put the backpack between the seats. This is basically how I transport my pistol every day.

That is "beating up for giving bad advice."

And, he did NOT give "bad advice." The advice he gave will work for the specifics stated. That is not "bad." Had he said something like "just hide it under the seat and don't tell anyone," you can claim it would be "bad advice." It does not have to match the law exactly to be good, it just needs to fit within the law to be good. Your view of "good" must be only "exactly as allowed and no more stringent."

His only true fault was his own admitted inaccuracy about what CAN be legal in addition to "locked," and the misconception that he presents that it must be "locked" if it is within reach. And it is only a misconception if it is parsed away from his GFSZ statement. With the GFSZ statement, his advice was actually VERY good advice.

Decoligny · Jul 31, 2010

Just Us said:
I'm a fill-in for a team run and have no lock box handy.

my understanding is no cartridge and magazine in the firearm.

So might not be a good idea to keep it in the backpack with magazine out of it.

I'll be in LA about 2-3 in the morning sunday.

If you have it in your backpack and the backpack isn't locked, then it is a violation of PC 12025 as it is a concealed firearm. Seeing as you are not a California resident, if you have a firearm that isn't registered with the CA DOJ, and it is concealed, you could face felony charges instead of just misdemeanor charges.

CA_Libertarian · Aug 1, 2010

Poblacht32 said:
I always travel with my handgun unloaded in a locked case but I always have a couple loaded magazines under the seat. I always thought that was LEGAL as long as your gun is unloaded and locked up.

It is technically legal. In People v Hale the handgun was NOT locked up, it was exposed (not a 12025 violation).

I'm simply warning that I believe it is likely to be misapplied by trial courts to mean "any concealed mag = 12025 violation."

On appeal, if you can afford one (don't count on getting a free appeal from the justice system), you would probably prevail.

My advice is simply, don't do it if you aren't ready to drop non-refundable money into an appeal.

DCKilla · Aug 1, 2010

After reading this thread, I am so glad that I don't live in Kalifornia. The state makes the law so technical that no one can absolutely follow it 100% of the time. Sounds like they make it that way to rack up anti-gun satistics and impose a "legal" gun ban.
When I bought my first pistol a few months ago I didn't hesitate. I stuffed it in my car door cubby hole with no fear of being caught with it concealed or open. It didn't matter if I was parked right next to a school or the capital building. I don't live there, but feel your fustrations.

Note: I did this according to Mississippi state law, not California. I was comparing and contrasting the two different states. Do not try and do what I do in Mississippi in California. Them LEOs be crazy in that neck of the woods.

rushcreek2 · Aug 1, 2010

Just seems to me that given the axle and gross weight restrictions on tractor-trailers that leaving the handgun behind in Washington would allow for maybe an extra 1/2 gallon of fuel unless the OP is planning on staying in CA.

Iopencarry · Aug 1, 2010

rushcreek2, and any others that reply in kind,

please be advised that when questions are asked HOW to LEGALLY carry in CA, we in CA are trying to give legal ways that people can carry, where they can carry and when they can carry. etc.
To give known illegal advice would not help anyone, and would not help us in CA in the fight we have ahead of us.

If you or others do not listen to that advice, and choose to carry in an illegal way that is NOT ADVISED in CA, or by anyone from CA it will be at your own liability.

Many people, here,and in other gun support groups in CA are fighting on a daily basis to keep gun control laws off the books, and to regain some of the RIGHTS we have lost over the yrs.

Please DO NOT give known illegal advice.

Travelling to California tonight from Washington.

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