Results 1 to 7 of 7

Thread: Rifles Transport and Carry

  1. #1
    Regular Member
    Join Date
    Aug 2009
    Location
    Redding, California, USA
    Posts
    64

    Rifles Transport and Carry

    My step father is looking into getting a rifle but has a couple questions I can't answer. I've looked all over but can't find anything.

    1) "Can I carry my gun to the car or does it have to be in a lock box?"

    2) "Where in the car can I put it? Can I toss it on the seat or behind the seat?" (he has a truck with a bench cab)

    3) "Does it have to be in a lockbox in the car?"

    4) "Where can I keep the bullets when the gun is in the car?"

    I've looked all over and nothing says yes or no to either of these. Are there specific laws about rifles?

  2. #2
    Regular Member wewd's Avatar
    Join Date
    May 2009
    Location
    Oregon
    Posts
    664
    Quote Originally Posted by wolfetundra View Post
    My step father is looking into getting a rifle but has a couple questions I can't answer. I've looked all over but can't find anything.

    1) "Can I carry my gun to the car or does it have to be in a lock box?"
    You can carry it unlocked. * - See addendum below

    2) "Where in the car can I put it? Can I toss it on the seat or behind the seat?" (he has a truck with a bench cab)
    Anywhere you like. Long guns are not subject to the concealed weapon law, so you can hide it if you like.

    3) "Does it have to be in a lockbox in the car?"
    Nope. * - See addendum below

    4) "Where can I keep the bullets when the gun is in the car?"
    Anywhere except in the gun itself. Nothing chambered, nothing in the magazine. Loaded magazines may not be inserted into the magazine well.

    I've looked all over and nothing says yes or no to either of these. Are there specific laws about rifles?
    My answers above in red.

    Most of California's laws regarding the transport of firearms deal with handguns and other firearms that the state deems "concealable". Rifles and shotguns do not fall into these categories. So you won't find much in the penal code about rifles and shotguns, because either the state doesn't care about them, or they just haven't gotten to them yet. The only rifles and shotguns that are subject to specific transport laws are those deemed to be Assault Weapons or .50 BMG rifles. I doubt if your father will be dealing with those.

    * - While the state of California's Gun Free School Zone law does not generally apply to long guns, especially those being "transported", there is still a Federal Gun Free School Zone law that does apply to them. That law states that a locked container, a locked trunk, or a locked gun rack are adequate methods of securing long guns in school zones (within 1000 feet of any K-12 school). It is probably quite remote that one would be charged with that federal law by a state law enforcement agency, and even then, the prosecutor has to prove that the gun is somehow affecting interstate commerce. With the recent rulings in the Heller and McDonald cases, it is very likely that any challenge to the federal school zone law would succeed in striking it down forever. It has already been struck down once, but now there is the Second Amendment argument to use against it. If you father decides as I have that the federal law is of no consequence, then he may transport his rifles however he wishes. But he should know that the law exists and there is a chance he could be found in violation of it. If he has any doubts, it is best to stay away from any schools, or if that is not possible, to lock the guns in cases while transporting them.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

  3. #3
    Regular Member
    Join Date
    Aug 2009
    Location
    Redding, California, USA
    Posts
    64
    I was almost certain that was the case (less the federal law). Thank you for your help. He doesn't want to get a gun rack (to lock it up) because he feels that will draw attention to him. I agree. Though a LEO legally can't stop him for having a gun in a gun rack. We all know they will find a reason to though.

    Curious enough, if the rifle is in a locked gun rack, can the LEO demand him unlock it to do a serial check? Can my step-father refuse without consequence - that will stick?

  4. #4
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231
    Quote Originally Posted by wolfetundra View Post
    I was almost certain that was the case (less the federal law). Thank you for your help. He doesn't want to get a gun rack (to lock it up) because he feels that will draw attention to him. I agree. Though a LEO legally can't stop him for having a gun in a gun rack. We all know they will find a reason to though.

    Curious enough, if the rifle is in a locked gun rack, can the LEO demand him unlock it to do a serial check? Can my step-father refuse without consequence - that will stick?
    Scenario: Step father has a long arm locked in an exposed gun rack. LEO sees the gun in the rack and conducts a traffic stop. 12031 authorizes the officer to inspect the firearm to see if it is unloaded. If the only way it may be inspected is to unlock it, the officer will demand access and require the gun unlocked. The serial number comes into view while conducting the loaded check. If your step-father refuses the (e) check, he would be arrested under suspicion that the weapon is loaded according to 12031. Whether that results in charges that stick is debatable- but it's not worth the risk at present.
    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


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  5. #5
    Regular Member
    Join Date
    Aug 2009
    Location
    Redding, California, USA
    Posts
    64
    That's what I was a little uncertain about. Plain-of-View law right? If it's behind the seat, the officer wouldn't know it was there. But could a rookie cop or anal retentive LEO try to hit him with concealed weapon if it's behind the seat? I know a rifle doesn't constitute "concealable", but is that a concern that he should worry about?

    He's looking at getting a 10-round clipped rifle. Not sure which one, he's not sure yet. He didn't want to get it until he understands more about it. Told him to google it (rifle laws) and he kinda gave the whole "huh? what's google" look lol. That's why I'm on here. I repeated what wewd said about .50 rifles. Asked him; "you don't plan on shooting .50 do you?" His eyes kinda went big with a grin from ear to ear.

    Thanks again, both of you.
    Last edited by wolfetundra; 08-09-2010 at 01:32 AM. Reason: I can't type.

  6. #6
    Regular Member wewd's Avatar
    Join Date
    May 2009
    Location
    Oregon
    Posts
    664
    Out of sight is out of mind. If he wants to keep a truck gun, best to keep it to himself. You always have the right to refuse a search. I did see an example once where a guy took one of those locking vertical gun racks that are used in police cruisers and adapted it to be used horizontally behind his bench seat. Worked rather well, and was compliant with the federal law.

    The Calguns Foundation will defend anyone who is arrested or otherwise harassed for "concealment" of a long gun, and they have done so in the not-so-distant past. Usually all it took was a letter from one of their attorneys to the arresting agency/DA to get the charges dropped. Isn't it amazing how many "law enforcement" officials don't actually know the law they are charged with enforcing? Gives me that warm and fuzzy feeling all over.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

  7. #7
    Regular Member
    Join Date
    Aug 2009
    Location
    Redding, California, USA
    Posts
    64
    Thanks wewd. He doesn't want to fork over the cash for something like that. I suggested something similar to him. Either way, I'll probably end up finding a solid solution for him. What is the fed. requirement for the lock of a long rifle? That way I can look into anything else that might comply that he would be willing to consider. I'd feel like crap if I didn't offer him alternatives and he got stopped.

    Thanks for mentioning Calguns' stand on this issue and their offer of feasible assistance.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •