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Thread: Question on LUCC

  1. #1
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    Question on LUCC

    Background:

    A friend has the following issues:
    1. not yet ready to OC
    2. most places he visits regularly is located within 1000 ft of school
    3. no weapon policy at work

    Question:

    Can one drive around with a gun and ammo (unloaded, of course) in a locked box? Drive around means not just to and from the gun range but to the mall, theater, to pick up kid from school, gas station, etc.

    The locked box stays in the car when he goes out of the car (I know, I know) due to reasons above.

  2. #2
    Regular Member Decoligny's Avatar
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    Yes he can.

    PC 12026.1 and PC 12026.2 are the two Penal codes that deal with transporting handguns.

    PC 12026.2 has a list of places that only apply to PC 12026.2.

    PC 12026.1 applies to transporting a handgun while IN A VEHICLE.

    Some people try to apply the place limitations from PC 12026.2 to PC 12026.1.

    This is wrong, they are seperate individual sections that are to be taken as stand alone sections of the Penal Code.

    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.
    Last edited by Decoligny; 01-18-2011 at 01:22 PM.

  3. #3
    Regular Member mjones's Avatar
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    Quote Originally Posted by Decoligny View Post
    Yes he can.

    PC 12026.1 applies to transporting a handgun while IN A VEHICLE.
    I'd recommend broadening that a bit Deco...maybe instead of "IN A VEHICLE" to 'involving a motor vehicle' or 'to/from/in a motor vehicle'

  4. #4
    Regular Member CenTex's Avatar
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    Quote Originally Posted by Decoligny View Post
    Yes he can.

    PC 12026.1 and PC 12026.2 are the two Penal codes that deal with transporting handguns.

    PC 12026.2 has a list of places that only apply to PC 12026.2.

    PC 12026.1 applies to transporting a handgun while IN A VEHICLE.

    Some people try to apply the place limitations from PC 12026.2 to PC 12026.1.

    This is wrong, they are seperate individual sections that are to be taken as stand alone sections of the Penal Code.

    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.
    Re: carrying any pistol or while carrying the firearm - Does this mean that you can carry a firearm around with you on a "regular" or "continual" basis if it is properly locked in a container (unloaded) or the trunk of your vehicle (unloaded)? Or, is it strictly limited to the time it takes to carry a firearm from one location to another or to a shooting range? I am not speaking about when you OC or CC, but stowing away the firearm.
    Last edited by CenTex; 01-18-2011 at 02:59 PM.
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  5. #5
    Regular Member mjones's Avatar
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    Quote Originally Posted by CenTex View Post
    Re: carrying any pistol or while carrying the firearm - Does this mean that you can carry a firearm around with you on a "regular" or "continual" basis if it is properly locked in a container (unloaded) or the trunk of your vehicle (unloaded)? Or, is it strictly limited to the time it takes to carry a firearm from one location to another or to a shooting range? I am not speaking about when you OC or CC, but stowing away the firearm.
    Yes - the CA coined term for this is LUCC aka Locked Unloaded Concealed Carry...provided you carefully follow the terms of 12026.1 and .2 as Deco posted.

    Please keep in mind that 12026.1 requires citizenship...

  6. #6
    Regular Member Firemark's Avatar
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    Quote Originally Posted by Decoligny View Post
    Yes he can.

    PC 12026.1 and PC 12026.2 are the two Penal codes that deal with transporting handguns.

    PC 12026.2 has a list of places that only apply to PC 12026.2.

    PC 12026.1 applies to transporting a handgun while IN A VEHICLE.

    Some people try to apply the place limitations from PC 12026.2 to PC 12026.1.

    This is wrong, they are seperate individual sections that are to be taken as stand alone sections of the Penal Code.

    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.
    It may be easier to read when all the extras are removed, try it with just the red words
    New to OPEN CARRY? Click here first

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  7. #7
    Regular Member wildhawker's Avatar
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    The citizenship requirement, while it has not been challenged directly, clearly fails both CA and US constitutional law precedent.

    Quote Originally Posted by mjones View Post
    Yes - the CA coined term for this is LUCC aka Locked Unloaded Concealed Carry...provided you carefully follow the terms of 12026.1 and .2 as Deco posted.

    Please keep in mind that 12026.1 requires citizenship...
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  8. #8
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    Guys,

    Thanks for all the posts.

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