I'm going throught California to Arizona

Terry NLV said:

This week I'm going throught California staying the night in Palm Springs before going on to Yuma.

I'm looking for some advice on how to carry or store my hand guns while in California.

Thanks

Click to expand...

You can drive from NLV to Yuma without going into California. Look at a map. I've done it before.

Go through Laughlin into Bullhead City. You will avoid California altogether. Bear in mind, that the road turns LEFT after bullhead city(look on a map) because if you keep going straight you will end up in Needles, California. Basically, stay on Arizona 95 instead of U.S. 95.

Arizona 95 will eventually turn back into U.S. 95 near I-10.

Even if you go through California, you can still bring high cap mags. Don't listen to people on the forum, it says they can't be assembled. So just take the spring out of them. Travel with a 10 round or less mag, keep the pistolunloaded and in plain view, you can still have a loaded mag on you. U.S. 95 should not go through any school zones, even if it did. I know that U.S. 95 to I-40 east into Kingman, Arizona does not pass any school zones.

JoeSparky said:

Was someone accusing me of being a lawyer.... I promise, I AM NOT!

Click to expand...

Read my next post below the one you are referring to.

Terry NLV said:

I'm working in Victorville for the day, then spending the night in Palm Springs and going to Arizona the next day.

Click to expand...

Uh . . .your most direct way from Victorville to Arizona is out I-40 through Needles.

Whatever the reason that you'll be in the People's Republic, then:

1) Lock the gun in a case

2) Keep the ammo separate

3) Lock them all in the trunk

4) If you get stopped, KEEP YOUR MOUTH SHUT. If they want to search, tell them "Only if you have a warrant" (you can't get in any worse trouble by demanding a warrant than just letting the cop poke around for his curiosity).

DVC said:

2) Keep the ammo separate

3) Lock them all in the trunk

Click to expand...

To reiterate, these are not required by law. I personally do not do these in California.

A common mistake is confusing or combining 12026.1 and 12026.2. 12026.1 simply states that 12025 does not apply when transporting a handgun in a motor vehicle’s trunk, or in a locked container in or to/from a motor vehicle. There are no location or deviation restrictions in 12026.1. 12026.2 is another (separate) list of exemptions to 12025, all but one of which (motion picture) are transporting exemptions. Unlike 12026.1, 12026.2 is not specific to motor vehicles. It can therefore be applied to all other forms of transportation, e.g., walking, bicycling, public transportation. Unlike 12026.1, 12026.2 does limit the transport exemptions from any unnecessary deviations.

ANOTHER COMMON MISCONCEPTION IS THE BELIEVE THAT AMMUNITION CANNOT BE STORED IN THE SAME CASE AS A FIREARM, OR THAT IT MUST BE LOCKED UP SEPRATELY SOMEHOW. THIS IS NOT TRUE NO CODE TO SUPPORT THIS MYTH.

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 … 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.

marshaul said:

To reiterate, these are not required by law.

Click to expand...

No, but it is really really really good to be able to tell the judge that you did. It is solid proof that you were merely transporting the gun through the state, not intending to whip it out in a road rage conflict.

DVC said:

No, but it is really really really good to be able to tell the judge that you did. It is solid proof that you were merely transporting the gun through the state, not intending to whip it out in a road rage conflict.

Click to expand...

Better proof would to leave the gun in a locked house surrounded by an electrified 8 foot tall fence, unloaded, and dismantled, with a trigger lock, in a lock box, inside a gun safe with the ammo buried in a concrete vault in a fenced in area with a large guard dog in the back yard. Defiantly stops the worry of being taken in for having a firearm.

Better route to Yuma from Las Vegas

Nevada carrier said:

You do make valid points as I am familiar with prosecution tactics. When I travel through California It is along US95 between Las Vegas and Yuma. Anyone familiar with that region knows it is very rural, and predominately desert. that portion of California is not spelled with a 'K'.

Click to expand...

When I travel that route, I simply avoid California altogether. I go through Laughlin and Bullhead City. That way I never have to enter California. It may be a couple of miles longer and take a couple of minutes longer, but to me it is worth it not to have to bother unloading and worrying about the occasional police officer who had a fight with his wife and his boss that day.

28kfps said:

Better proof would to leave the gun in a locked house surrounded by an electrified 8 foot tall fence, unloaded, and dismantled, with a trigger lock, in a lock box, inside a gun safe with the ammo buried in a concrete vault in a fenced in area with a large guard dog in the back yard. Defiantly stops the worry of being taken in for having a firearm.

Click to expand...

:lol:

You pretty much summed up, in a nicely sarcastic manner, what I was thinking.

28kfps said:

Better proof would to leave the gun in a locked house surrounded by an electrified 8 foot tall fence, unloaded, and dismantled, with a trigger lock, in a lock box, inside a gun safe with the ammo buried in a concrete vault in a fenced in area with a large guard dog in the back yard. Defiantly stops the worry of being taken in for having a firearm.

Click to expand...

However, he's not going to do that, he's going to take a pistol into the People's Republic of California. You never know what's going to happen there.

If a case got as far as the court, a judge would find it harder to find against someone who had gone beyond the minimum requirements of the law.

My practice is simple: I will carry it loaded if possible, or I separate gun and ammunition.

DVC said:

However, he's not going to do that, he's going to take a pistol into the People's Republic of California. You never know what's going to happen there.

If a case got as far as the court, a judge would find it harder to find against someone who had gone beyond the minimum requirements of the law.

My practice is simple: I will carry it loaded if possible, or I separate gun and ammunition.

Click to expand...

Very smooth way of deflecting my sarcastic posting.

28kfps said:

Very smooth way of deflecting my sarcastic posting.

Click to expand...

Well, think about it.

Unless you are actually carrying, you don't want it loaded. If it's not loaded, there is no point in having the ammo in the same case. Not having the ammo in the same case lets you tell the judge "I even separated the gun and ammunition, for even more safety!"

That makes it hard for the cop or prosecutor to paint you as a threat, a road-rager looking for the chance to open fire.

In court, law is only half of it -- the other half is how the judge perceives you. If you are what is sometimes called an "EGG" (Enthusiastically Good Guy, who knows the letter of the law and keeps some distance from it) you are less likely to be convicted -- and if convicted by the letter of a law that you didn't understand, you are more likely to be given probation, suspended sentence, or the absolute minimum that the judge can get away with.

Be careful also that in California a magazine is considered an integral part of a firearm and concealing a loaded magazine is equivalent to concealing a firearm. Therefore, to be safe, if I was in a school zone I would make sure that the loaded magazines are in a locked case also.

Felid`Maximus said:

Be careful also that in California a magazine is considered an integral part of a firearm and concealing a loaded magazine is equivalent to concealing a firearm. Therefore, to be safe, if I was in a school zone I would make sure that the loaded magazines are in a locked case also.

Click to expand...

Lol unless it is a revolver! Speed loaders can be concealed from what I remember.

DVC said:

Well, think about it.

Unless you are actually carrying, you don't want it loaded. If it's not loaded, there is no point in having the ammo in the same case. Not having the ammo in the same case lets you tell the judge "I even separated the gun and ammunition, for even more safety!"

That makes it hard for the cop or prosecutor to paint you as a threat, a road-rager looking for the chance to open fire.

In court, law is only half of it -- the other half is how the judge perceives you. If you are what is sometimes called an "EGG" (Enthusiastically Good Guy, who knows the letter of the law and keeps some distance from it) you are less likely to be convicted -- and if convicted by the letter of a law that you didn't understand, you are more likely to be given probation, suspended sentence, or the absolute minimum that the judge can get away with.

Click to expand...

No need for me to think about it. I have my firearm for protection and carry it in a manner that is accepted by local law allowing minimum effort to ready it. Exercising our gun rights as we all know is on the top of the list of controversy, under constant threat of an unknown or reinterpreted law. Your point can be argued to death and has. Here in Nevada there is no law saying one can open carry. There is law enforcement, and many others who believe we should not, and willing to dig up any law loophole to stop it. So why not keep some distance from possibly getting caught up in such issue and open carry a empty gun, the ammo in the front pocket and the magazine in the back pocket just in case, to show the same Enthusiastically Good Guy method. Let’s show the anti gun groups and lawmakers not only are we willing to follow their unconstitutional laws we will also comply to additional unconstitutional laws even they do not require. Enthusiastic good guy and unnecessary compliance is what helped the republic of California to be one of the most restrictive gun states in the nation. I believe odds are the need to quickly to get to my functional self-defense firearm far outweighs the odds of a rambunctious law enforcement officer trying to dig up a variation of an otherwise accepted law. Who knows what scenario would benefit from having a firearm and ammo in the vehicle in a lock box over a gun in a lock box and ammo in the trunk until one finds himself in that situation. Hopefully your willingness to unnecessarily and over comply does not someday get in the way of the need to defend your life.

Have someone time you on a drill where you stop your car, get out your firearm and return effective fire. Then do it where you also have to grab ammo. It really isn't that much more time or effort, when you look at the entire chain of events.

I also don't consider a handgun a suitable weapon for this event in the first place. If you have time to dig a pistol out of the trunk, you have time to get a rifle.

Make your own decision. If the objective is to stay out of prison, the extra 10 seconds that might involved in opening a second case to get your ammo is cheap insurance.

I guess it depends on what you think is more likely, having to defend yourself on the street or having to defend yourself in court. If you figure the street is the greatest threat, why would you unload the gun in the first place?

DVC said:

Have someone time you on a drill where you stop your car, get out your firearm and return effective fire. Then do it where you also have to grab ammo. It really isn't that much more time or effort, when you look at the entire chain of events.

I also don't consider a handgun a suitable weapon for this event in the first place. If you have time to dig a pistol out of the trunk, you have time to get a rifle.

Make your own decision. If the objective is to stay out of prison, the extra 10 seconds that might involved in opening a second case to get your ammo is cheap insurance.

I guess it depends on what you think is more likely, having to defend yourself on the street or having to defend yourself in court. If you figure the street is the greatest threat, why would you unload the gun in the first place?

Click to expand...

It is your dream. Script it to fit your needs.

DVC said:

I guess it depends on what you think is more likely, having to defend yourself on the street or having to defend yourself in court. If you figure the street is the greatest threat, why would you unload the gun in the first place?

Click to expand...

What you're suggesting is to go beyond the requirements of the law. Try to keep that in mind.

It's about threat mitigation, not about "one threat is worse than the other omg!"

In my mind, LUCC (loaded mags right next to the firearm in a locked case) is a better compromise when considering both real, valid threats, than is what you suggest.

marshaul said:

What you're suggesting is to go beyond the requirements of the law. Try to keep that in mind.

Click to expand...

We're talking about California. Try to keep THAT in mind. Put yourself in the minds of cop, prosecutor, jury and judge. If you can say "Sure, the law says I have to do this, but I did even more" that's a lot better than "The law says that I only have to do what I did."

You're assuming that what they would prosecute is possession of the firearm. I'm not willing to limit their reach to that, after some of the news stories which have come out of the People's Republic over the years.

For instance, let's say that you have a 12 shotgun in a foam-lined case your car, and there is a round stuck in there from the .22 that you carried last week that is IN CONTACT WITH the shotgun when the cop sees it. The shotgun has become a LOADED FIREARM, under California Penal Code 12031:

"(g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or ATTACHED IN ANY MANNER TO, the firearm, including, but
NOT LIMITED TO, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder." (emphasis mine)

Read that closely. It doesn't specify that the round fit in the firearm, just that it is unexpended, and that it is "attached in any manner." California courts have found "attached" to include being held in contact in such ways as two items in a bag -- how is that different from a locked case?

It's not enough to know what the law says -- you have to also see what the case law has found.

After all, WE know what "shall not be infringed" means, but the government doesn't.

DVC said:

California courts have found "attached" to include being held in contact in such ways as two items in a bag -- how is that different from a locked case?

.

Click to expand...

Cite please.