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Thread: 2 Questions: Legally transporting my firearm

  1. #1
    Regular Member Tekniqe's Avatar
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    2 Questions: Legally transporting my firearm

    The law states that it must be unloaded, in a locked container. My first question is:

    When it says unloaded, does that mean an unloaded magazine in the firearm, or all the magazines included in the case which it is being transported in?

    If so, in what manner can I legally transport my firearm and keep one or more (not the one in the gun, if any) loaded? My concern is that if something happens, I will be unable to load a magazine rapidly enough.

    Secondly, I am picking up a firearm at a gun show (much closer than the shop where I bought it that they will be attending). Could I bring a padlock (to lock the case with), and store it in my backpack (I will be walking around for awhile, and want to have my hands free)? The law mentioned it must be physically carried, does that mean in-hand?

    Thanks very much in advance,
    Dylan

  2. #2
    Regular Member PincheOgro1's Avatar
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    Quote Originally Posted by Tekniqe View Post
    The law states that it must be unloaded, in a locked container. My first question is:

    When it says unloaded, does that mean an unloaded magazine in the firearm, or all the magazines included in the case which it is being transported in?

    If so, in what manner can I legally transport my firearm and keep one or more (not the one in the gun, if any) loaded? My concern is that if something happens, I will be unable to load a magazine rapidly enough.

    Secondly, I am picking up a firearm at a gun show (much closer than the shop where I bought it that they will be attending). Could I bring a padlock (to lock the case with), and store it in my backpack (I will be walking around for awhile, and want to have my hands free)? The law mentioned it must be physically carried, does that mean in-hand?

    Thanks very much in advance,
    Dylan

    I am a "newbie" more or less, but let me take a shot at answering your questions. It's all a learning process here, so IF I am wrong, and my answers are invalidated by someone else. WE BOTH will learn something.

    (1) from what I understand. You can have magazine(s) and pistol contained in the same locked case, BUT a loaded magazine cannot be inserted into the well. That is deemed a "LOADED" weapon and is illegal. Reference: PC 12026.1 and PC 12031

    (2) you can have your pistol in a locked case and the case in your back pack. HOWEVER, it is a mistomeaner to be carrying ammunition for the same gun WHEN you are at a gun show. PC 12071.4(g)

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    PincheOgro1: I think you have it correct. One Newbie to another!

    Quote Originally Posted by PincheOgro1 View Post
    I am a "newbie" more or less, but let me take a shot at answering your questions. It's all a learning process here, so IF I am wrong, and my answers are invalidated by someone else. WE BOTH will learn something.

    (1) from what I understand. You can have magazine(s) and pistol contained in the same locked case, BUT a loaded magazine cannot be inserted into the well. That is deemed a "LOADED" weapon and is illegal. Reference: PC 12026.1 and PC 12031

    (2) you can have your pistol in a locked case and the case in your back pack. HOWEVER, it is a mistomeaner to be carrying ammunition for the same gun WHEN you are at a gun show. PC 12071.4(g)
    Hey PincheOgro,

    I think you have it correct. The ammunition with the gun issue (off gun show property) is an enhancement for perps who are committing felonies; not for law-abiding citizens. Law abiding citizens may store ammo with their gun in the locked container.

    You don't want any ammo for YOUR WEAPON on your person when you are at a gun show. Many have opined that if you have a friend with you at the gunshow, that your friend could carry a loaded clip for your weapon (say 40 S&W) while you carry .45 ACP ammo for him. It is illegal to carry ammo that fits your weapon in a gun show.

    If PincheOgro1 is incorrect, we will both be re-educated on this issue.

    markm

  4. #4
    Regular Member mjones's Avatar
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    So far all answers look good to me.

    The only clarification that I would offer the OP is that to avoid confusion over loaded/unloaded with regard to magazines, I would recommend you refer to them as full or empty as appropriate.

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    Regular Member Tekniqe's Avatar
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    Quote Originally Posted by mjones View Post
    The only clarification that I would offer the OP is that to avoid confusion over loaded/unloaded with regard to magazines, I would recommend you refer to them as full or empty as appropriate.
    Understood and appreciated. =)

    Keeping the ammo seperate at the gun show wont be a problem. My concern in the second question was limited to transporting my gun from place to place in cases where there is a school within 1,000 feet.

    Thanks for the help PincheOgro1, MarkBofRAdvocate, and mjones!

  6. #6
    Regular Member PincheOgro1's Avatar
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    Quote Originally Posted by Tekniqe View Post
    Understood and appreciated. =)

    Keeping the ammo seperate at the gun show wont be a problem. My concern in the second question was limited to transporting my gun from place to place in cases where there is a school within 1,000 feet.

    Thanks for the help PincheOgro1, MarkBofRAdvocate, and mjones!
    PC 12026.1 and 12026.2 cover that. As long as the gun is in a locked case you can transport it past/ through a school zone. Also there's a Federal Statute that says pretty much the same thing, but it is in regards to INTERSTATE transportation of weapons.

    U.S. CODE Title 18, Part 1, Chap 44 926A. Interstate transportation of firearms.
    Last edited by PincheOgro1; 08-27-2010 at 02:03 PM.

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