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Thread: Handgun Transporting in a Vehicle.

  1. #1
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    Handgun Transporting in a Vehicle.

    Greetings from NV,

    Hoping someone can shed some light on this issue for me. I travel quite a bit from northern Nevada to various places in northern California. (San Fancisco, Walnut Creek, Auburn, Roseville, Sacramento, and Paradise).

    1.) What is the protocol for properly transporting a handgun and ammunition in a vehicle in CA and from another state?

    2.) Is the trunk or glove box considered a locked box? What is defined as a locked box?

    3.) Does ammo have to be separtated from the firearm?

    I'm sure i'll have a few more questions as I get replies, but thank you in advance to those of you who help to answer these.

    Thanks.

  2. #2
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    gun must be unloaded
    ammo can be in a 10 round mag--- no standard cap mags.
    can not be in glove box
    full mags may be carried with the gun in a locked container.

  3. #3
    Regular Member mjones's Avatar
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    I'm presuming you don't have some exemption of illegal concealed carry in CA.

    Quote Originally Posted by dchoepp View Post
    Greetings from NV,

    Hoping someone can shed some light on this issue for me. I travel quite a bit from northern Nevada to various places in northern California. (San Fancisco, Walnut Creek, Auburn, Roseville, Sacramento, and Paradise).

    1.) What is the protocol for properly transporting a handgun and ammunition in a vehicle in CA and from another state?
    Unloaded and within a 'secure locked container.' Ammunition may be within the same container, but it isn't require. Ammunition may be contained within magazines, but no magazines within the firearm.

    16850. As used in Sections 17740, 23925, 25105, 25205, and 25610,
    in Article 3 (commencing with Section 25505) of Chapter 2 of Division
    5 of Title 4, and in Chapter 6 (commencing with Section 26350) of
    Division 5 of Title 4, "locked container" means a secure container
    that is fully enclosed and locked by a padlock, keylock, combination
    lock, or similar locking device. The term "locked container" does not
    include the utility or glove compartment of a motor vehicle.

    2.) Is the trunk or glove box considered a locked box? What is defined as a locked box?
    Trunk - yes, but only while its locked. i.e. open it to get your luggage out or get your spare tire and technically you are in violation of the law.
    Glove boxes and Utility Compartments are specifically not useable, see 16850 above.

    3.) Does ammo have to be separtated from the firearm?

    Only in the sense that it cannot be 'in a position to be fired' (People v Clark)

    So, magazines containing ammunition is fine, but the magazines may not be in the firearm.

    16840.(b)(1) A firearm shall be deemed to be "loaded" 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.

    I'm sure i'll have a few more questions as I get replies, but thank you in advance to those of you who help to answer these.

    Thanks.
    Additionally, "large capacity magazines" are illegal to import into CA unless you have an exemption. A common exemption is if you possessed the magazine within CA prior to 1/1/2000.

    16740. As used in this part, "large-capacity magazine" means any
    ammunition feeding device with the capacity to accept more than 10
    rounds, but shall not be construed to include any of the following:
    (a) A feeding device that has been permanently altered so that it
    cannot accommodate more than 10 rounds.
    (b) A .22 caliber tube ammunition feeding device.
    (c) A tubular magazine that is contained in a lever-action
    firearm.

    32310. Except as provided in Article 2 (commencing with Section
    32400) of this chapter and in Chapter 1 (commencing with Section
    17700) of Division 2 of Title 2, commencing January 1, 2000, any
    person in this state who manufactures or causes to be manufactured,
    imports into the state, keeps for sale, or offers or exposes for
    sale, or who gives, or lends, any large-capacity magazine is
    punishable by imprisonment in a county jail not exceeding one year or
    in the state prison.

    32420. Section 32310 does not apply to the importation of a
    large-capacity magazine by a person who lawfully possessed the
    large-capacity magazine in the state prior to January 1, 2000,
    lawfully took it out of the state, and is returning to the state with
    the same large-capacity magazine.


    California also has defined what is deemed as an 'Assault Pistol.' If your handgun has a threaded barrel, 2nd handgrip, barrel shroud or a magazine outside the grip you can't bring it into CA.

    30515. (a) Notwithstanding Section 30510, "assault weapon" also
    means any of the following:
    (4) A semiautomatic pistol that has the capacity to accept a
    detachable magazine and any one of the following:
    (A) A threaded barrel, capable of accepting a flash suppressor,
    forward handgrip, or silencer.
    (B) A second handgrip.
    (C) A shroud that is attached to, or partially or completely
    encircles, the barrel that allows the bearer to fire the weapon
    without burning the bearer's hand, except a slide that encloses the
    barrel.
    (D) The capacity to accept a detachable magazine at some location
    outside of the pistol grip.
    (5) A semiautomatic pistol with a fixed magazine that has the
    capacity to accept more than 10 rounds.

  4. #4
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    Quote Originally Posted by mjones View Post
    I'm presuming you don't have some exemption of illegal concealed carry in CA.



    Unloaded and within a 'secure locked container.' Ammunition may be within the same container, but it isn't require. Ammunition may be contained within magazines, but no magazines within the firearm.

    16850. As used in Sections 17740, 23925, 25105, 25205, and 25610,
    in Article 3 (commencing with Section 25505) of Chapter 2 of Division
    5 of Title 4, and in Chapter 6 (commencing with Section 26350) of
    Division 5 of Title 4, "locked container" means a secure container
    that is fully enclosed and locked by a padlock, keylock, combination
    lock, or similar locking device. The term "locked container" does not
    include the utility or glove compartment of a motor vehicle.



    Trunk - yes, but only while its locked. i.e. open it to get your luggage out or get your spare tire and technically you are in violation of the law.
    Glove boxes and Utility Compartments are specifically not useable, see 16850 above.




    Only in the sense that it cannot be 'in a position to be fired' (People v Clark)

    So, magazines containing ammunition is fine, but the magazines may not be in the firearm.

    16840.(b)(1) A firearm shall be deemed to be "loaded" 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.



    Additionally, "large capacity magazines" are illegal to import into CA unless you have an exemption. A common exemption is if you possessed the magazine within CA prior to 1/1/2000.

    16740. As used in this part, "large-capacity magazine" means any
    ammunition feeding device with the capacity to accept more than 10
    rounds, but shall not be construed to include any of the following:
    (a) A feeding device that has been permanently altered so that it
    cannot accommodate more than 10 rounds.
    (b) A .22 caliber tube ammunition feeding device.
    (c) A tubular magazine that is contained in a lever-action
    firearm.

    32310. Except as provided in Article 2 (commencing with Section
    32400) of this chapter and in Chapter 1 (commencing with Section
    17700) of Division 2 of Title 2, commencing January 1, 2000, any
    person in this state who manufactures or causes to be manufactured,
    imports into the state, keeps for sale, or offers or exposes for
    sale, or who gives, or lends, any large-capacity magazine is
    punishable by imprisonment in a county jail not exceeding one year or
    in the state prison.

    32420. Section 32310 does not apply to the importation of a
    large-capacity magazine by a person who lawfully possessed the
    large-capacity magazine in the state prior to January 1, 2000,
    lawfully took it out of the state, and is returning to the state with
    the same large-capacity magazine.


    California also has defined what is deemed as an 'Assault Pistol.' If your handgun has a threaded barrel, 2nd handgrip, barrel shroud or a magazine outside the grip you can't bring it into CA.

    30515. (a) Notwithstanding Section 30510, "assault weapon" also
    means any of the following:
    (4) A semiautomatic pistol that has the capacity to accept a
    detachable magazine and any one of the following:
    (A) A threaded barrel, capable of accepting a flash suppressor,
    forward handgrip, or silencer.
    (B) A second handgrip.
    (C) A shroud that is attached to, or partially or completely
    encircles, the barrel that allows the bearer to fire the weapon
    without burning the bearer's hand, except a slide that encloses the
    barrel.
    (D) The capacity to accept a detachable magazine at some location
    outside of the pistol grip.
    (5) A semiautomatic pistol with a fixed magazine that has the
    capacity to accept more than 10 rounds.


    I have a question for you Mjones, No one has ever answered this question for me yet.
    If I have a pistol or rifle in a unlocked covered box in the back of my truck, which has a
    camper shell on it and it has a locked door on the back, of the camper shell.
    ( Not loaded guns of course) but are out of sight to. Would that be legal ?

    Robin47

  5. #5
    Regular Member Decoligny's Avatar
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    Quote Originally Posted by Robin47 View Post
    I have a question for you Mjones, No one has ever answered this question for me yet.
    If I have a pistol or rifle in a unlocked covered box in the back of my truck, which has a
    camper shell on it and it has a locked door on the back, of the camper shell.
    ( Not loaded guns of course) but are out of sight to. Would that be legal ?

    Robin47
    As long as the door on the back is locked, and you don't have a window where you can access the camper shell area from the cab of the truck, the camper area becomes a locked secure container. This should be 100% legal.

  6. #6
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    Quote Originally Posted by Decoligny View Post
    As long as the door on the back is locked, and you don't have a window where you can access the camper shell area from the cab of the truck, the camper area becomes a locked secure container. This should be 100% legal.
    The above is true for handguns,

    long guns do not need to be locked at this time.

  7. #7
    Regular Member mjones's Avatar
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    Quote Originally Posted by Robin47 View Post
    I have a question for you Mjones, No one has ever answered this question for me yet.
    If I have a pistol or rifle in a unlocked covered box in the back of my truck, which has a
    camper shell on it and it has a locked door on the back, of the camper shell.
    ( Not loaded guns of course) but are out of sight to. Would that be legal ?
    So long as it's as Deco described, I agree with him completely.

    However, there can be 'issues' of legality if for some reason you need to unlock your 'container' in a place where it could be construed to be illegal. Places like your driveway or the grocery store could but you in a position of having an illegally concealed firearm when you unlock the 'container' For this reason I still use locked containers containing handguns even when I'm locking them in a trunk (or similar 'container')

    Currently Long Guns don't need to be locked up unless they are "Registered Assault Weapons" which have transport provisions similar to handguns.

    However - this may change on appx 1/1/13 if LongGun UOC gets banned.

    There is also a federal requirement that longguns also be 'locked' whenever you are within 1000' of a school. 'Most people' seem to not worry about it as it tends to only be used as a 'tack on' charge - and its extremely rare that a local LEO would try to enforce a federal law.

  8. #8
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    Quote Originally Posted by mjones View Post
    So long as it's as Deco described, I agree with him completely.

    However, there can be 'issues' of legality if for some reason you need to unlock your 'container' in a place where it could be construed to be illegal. Places like your driveway or the grocery store could but you in a position of having an illegally concealed firearm when you unlock the 'container' For this reason I still use locked containers containing handguns even when I'm locking them in a trunk (or similar 'container')

    Currently Long Guns don't need to be locked up unless they are "Registered Assault Weapons" which have transport provisions similar to handguns.

    However - this may change on appx 1/1/13 if LongGun UOC gets banned.

    There is also a federal requirement that longguns also be 'locked' whenever you are within 1000' of a school. 'Most people' seem to not worry about it as it tends to only be used as a 'tack on' charge - and its extremely rare that a local LEO would try to enforce a federal law.
    Thanks guys ! Got my Answer

    yeah that's a good Idea to put your pistol in a locked container, if you have to open your trunk, shopping ECT.
    That way there's no issues.
    By the way I found out there IS a migration headed out of California Hummm !

    Robin47
    Last edited by Robin47; 01-26-2012 at 11:07 PM.

  9. #9
    Regular Member 911Grunt's Avatar
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    thanks to all for the information, would it be possable to make this information a sticky for others? It looks like I maybe traveling thru the state from WA to AZ later this year while on vacation.

  10. #10
    Campaign Veteran MAC702's Avatar
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    It's much easier to just go through Bend, OR, then Winnemucca and Las Vegas, NV, on your way to AZ...

    I make this drive occasionally and will again later this month.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  11. #11
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    Quote Originally Posted by Iopencarry View Post
    gun must be unloaded
    ammo can be in a 10 round mag--- no standard cap mags.
    can not be in glove box
    full mags may be carried with the gun in a locked container.
    Unless of course you are in an unincorporated territory where the County has not banned all shooting - in which cae you may open carry loaded or unloaded in vehicles and on foot.

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