So let's just think a little here......the below law gives me an interesting idea. Doesn't do anything to help with the SD function of carrying but definitely would push some buttons.....
Lets say I build a holster of material similar to a Serpa...some sort of composite or injection molded material. It's a hard shell, shaped just like a firearm (though over sized) and the firearm is contained within that holster. It is equipped with a locking mechanism that incorporates either:
1) a "handprint" with push buttons at the fingertips as seen in some home gunsafes
2) an electronic lock and key set with the "key" being in the form of a ring on the finger
3) Some other electronic locking device.
When the lock is latched the weapon is completely unseen and LOCKED in the case.
Actuating the lock with the key (whichever method is chosen for the mechanism) the top of the holster pops open under spring tension and the weapon is raised to "grip position" so that you can then insert your loaded magazine (or the side falls away to allow the same action).
The weapon is IN A LOCKED CONTAINER and it is UNLOADED so it is neither openly carried nor does it meet the definition of a concealed weapon (because it is locked in a case and unloaded).
HOWEVER....LEO will be abolutely sure that there is a weapon in that case (if the law doesn't prevent it in some other section the outer facing shell could even be made transparent). BUT...since it's in a locked case, it's not open carried, and wouldn't that preclude 12031 (e) as well as require a search warrant to unlock the case?
Also, does the unloaded requiremnt (while in the locked case) only apply within the GFSZ?
12026.1 a) (2) has no unloaded requirement, only locked case.
526.9 (c) (2) has the unloaded requirement even though in a locked case.
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.
626.9 (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.