marshaul
Campaign Veteran
Egads! I thought the same thing, but it took reading your post to bring it fully to my consciousness.
This makes two strikes against taking the gun off and putting it in the car, methinks.
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LEO Encounter in La Mesa - First time UOC by myself
- Thread starter Ruiner.NIN
- Start date
Egads! I thought the same thing, but it took reading your post to bring it fully to my consciousness.
This makes two strikes against taking the gun off and putting it in the car, methinks.
Born2Lose
Regular Member
Ruiner- you bought an XD. I carry and XD9SC. I use the nice plastic case it came with and bought a 3 dollar TSA wordlock at Walmart (for a bit of irony be sure to UOC while buying it).
I got one of these on clearance at walmart or target a year or so ago.
http://www.tamperseal.com/wordlock-tsa-luggage-lock-p-199.html
I just keep it one letter off so it's easy to get into.
I got one of these on clearance at walmart or target a year or so ago.
http://www.tamperseal.com/wordlock-tsa-luggage-lock-p-199.html
I just keep it one letter off so it's easy to get into.
cato
Newbie
I can still get into my XD case even with a padlock on. Same with many manufacturer's cases. Make sure it is secure.
Born2Lose
Regular Member
From this calguns law wiki
http://wiki.calgunsfoundation.org/index.php/FAQ#Is_a_.22secure_locked_container.22_defined_anywhere.3F
pullnshoot25
Regular Member
Here is my take on it.
1) It is not a crime to lie to a police officer, only a Federal officer. That said, misleading an officer in the course of an investigation is a crime. However, to have an investigation a crime has to have been committed. Keep that in mind.
2) Record BEFORE you remove your gun from its storage place. There is no arguing that point, it is a necessity. With all the time that has been expended on all the material that has been posted on this and many other matters, there is no excuse for newbie mistakes like this.
3) Most factory cases are not really "secure" and are pretty much only a viable means of conveyance to and from a shop. Can you lift up a corner and touch your gun with a finger? If so, then it is not secure. Trigger safety devices to not count and are even more of a hindrance, so leave them at home. A soft bag with a small padlock and a key tied to the bag is a great way to go, just make sure the zippers can be locked really close to one another to prevent any meddling or gun touching.
4) Admitting to a cop where your gun was located might have initiated a car search, possibly with handcuffs. DO NOT OFFER INFORMATION TO COPS! Just be quiet.
That's all I have for now.
1) It is not a crime to lie to a police officer, only a Federal officer. That said, misleading an officer in the course of an investigation is a crime. However, to have an investigation a crime has to have been committed. Keep that in mind.
2) Record BEFORE you remove your gun from its storage place. There is no arguing that point, it is a necessity. With all the time that has been expended on all the material that has been posted on this and many other matters, there is no excuse for newbie mistakes like this.
3) Most factory cases are not really "secure" and are pretty much only a viable means of conveyance to and from a shop. Can you lift up a corner and touch your gun with a finger? If so, then it is not secure. Trigger safety devices to not count and are even more of a hindrance, so leave them at home. A soft bag with a small padlock and a key tied to the bag is a great way to go, just make sure the zippers can be locked really close to one another to prevent any meddling or gun touching.
4) Admitting to a cop where your gun was located might have initiated a car search, possibly with handcuffs. DO NOT OFFER INFORMATION TO COPS! Just be quiet.
That's all I have for now.
I would add, just dont lie, answer truthfully or say nothing, getting caught in a lie or a misrepresentation really sets LE off that they are dealing with a potential criminal, not a LAC. Just from my experience when you dig in your heels dealing with LEO's your making it more likely they will not deal positively with you.
PM me I have some pointers that might help.
So, I will be moving to Cali in the next four months. been reading up on Cali gun law. isn't it illegal to "store" a gun in your trunk. Let me explain, the way I have been reading the law, you can transport a gun lawfully only if you are going to a place where it can be used lawfully. So, techincally, isn't the OP breaking the law by putting his gun in the tunk of the car to "store" it there?
There are instances where transporting is mentioned, but this statute doesn't explicitly say you have to be transporting it somewhere:
When in doubt, don't talk to police. I'm always in doubt.
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MountainMike
Regular Member
http://www.shouselaw.com/12025.html
The same rules apply to open carrying in a vehicle as they do in public. The firearm must be unloaded and you must be careful not to drive within 1000' of a K-12 school.
You can however lock the unloaded firearm in an approved case and; please forgive the expression, drive by a school.
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Wait, are you saying that you can drive around in your car with your handgun on your side in an exposed holster? The two above posts seem to somewhat contradict each other. So, I can store my handgun in a small gun safe in the trunk of my car?
Sorry guys, I'm getting a little confused
Sorry guys, I'm getting a little confused
paul@paul-fisher.com
Regular Member
I'm a little confused here as well. At least in WI, the GFSZ only applies to public property so as long as the government doesn't own the restaurant you are OK.
DooFster
Regular Member
Yes, as long as you aren't in a GFSZ (knowingly - keep that in mind), and you have a lock-box ready to go in case you KNOW you're going to be in a GFSZ. I'm holstered up while driving NUMEROUS times... Also too, you CAN have your handgun locked up in the trunk (or out of reach if you have a truck with no back seat) in a DOJ-Approved case...
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To add to what I posted previously about the cable locks, I can't count how many times I have seen people at the range pull pistol cases from the passenger compartments of their cars (or their locked trunks with an unlockable backseat pass-through), with no external locks on the case, and open them up only to find a trigger lock or cable lock on the gun. Because of California's idiotic baby lock law, people are under the false assumption that this constitutes a "secured" firearm, when it could not be further from the truth. That plus the fact that many of the cheap plastic cases that pistols come in do not have adequate locking points to secure the firearm, or in the case of Glock none at all, a lot of people could end up in serious legal trouble when transporting their firearms.
All handguns should be transported at all times in a fully enclosed, secure container, with a padlock or some kind of integral combo/key lock that does not allow any access to or manipulation of the firearm without destroying the locks or the case itself. To that end I recommend throwing away the POS case that your handgun came in, and buy something that is specifically designed to secure a firearm. A Gunvault or Pelican case work great. Soft cases can be used, but only if the zipper cannot be forced open when shackled. Plastic is better than nylon, and steel is better than plastic.
All handguns should be transported at all times in a fully enclosed, secure container, with a padlock or some kind of integral combo/key lock that does not allow any access to or manipulation of the firearm without destroying the locks or the case itself. To that end I recommend throwing away the POS case that your handgun came in, and buy something that is specifically designed to secure a firearm. A Gunvault or Pelican case work great. Soft cases can be used, but only if the zipper cannot be forced open when shackled. Plastic is better than nylon, and steel is better than plastic.
There is no such "within reach" law anywhere in the California Penal Code; nor is there any such case law affecting the state of California. I drive with my LUCC case either on the seat next to me, or between my body and the center console if I have a passenger. It is very much within reach.
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Ok, so this tangent gave me cause to reread the law and I did find something I hadn't noticed before...
California Penal Code Section 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.
12026.1 is a bit ambiguous. So yet, it uses the word "carry", not just transportation... making it sound like you can have a car gun that is propperly stowed in the trunk of your car, as in how someone might open carry or conceal carry their weapon. But, the portion in blue seems to say that BOTH (1) and (2) need to be accomplished... this makes me think that a "car gun" would vioate (2) and thereby violate this portion of the law. So, I take this to mean then that someone who is traveling to go camping, can stop and run some errands, therebye carrying the gun and not tranporting it and still be lawful as because the end goal is a place of lawful transportation. Of course, keeping a open carry type holster on your person could then make many places lawful to Vehicle Carry your gun because it creates a lawful purpose at your stop provided it is not in a GFZ. Hmmm... this is confusing indeed!
California Penal Code Section 12026.2 actually lists lawful transportation situations, but doesn't say that such a list is exclusive to only those transportation situations which woul dnullify other interpretations of 12026 tranportation lawfulness such as transporting to a site where one plans to open carry. Well, I know I am good between home and work... which was the largest part of my concern moving into Cali as I may be working later evenings. It appears a hotel room would be a lawful destination since it is private propperty that is lawfully possessed, and it appears campsites without further restrictions would allow for lawful transportation... ugh... seriously this is confusing. You almost have to have a lawyer in your coat pocket just to defend yourself. This seriously cannot be what the founding fathers had in mind!
California Penal Code Section 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.
12026.1 is a bit ambiguous. So yet, it uses the word "carry", not just transportation... making it sound like you can have a car gun that is propperly stowed in the trunk of your car, as in how someone might open carry or conceal carry their weapon. But, the portion in blue seems to say that BOTH (1) and (2) need to be accomplished... this makes me think that a "car gun" would vioate (2) and thereby violate this portion of the law. So, I take this to mean then that someone who is traveling to go camping, can stop and run some errands, therebye carrying the gun and not tranporting it and still be lawful as because the end goal is a place of lawful transportation. Of course, keeping a open carry type holster on your person could then make many places lawful to Vehicle Carry your gun because it creates a lawful purpose at your stop provided it is not in a GFZ. Hmmm... this is confusing indeed!
California Penal Code Section 12026.2 actually lists lawful transportation situations, but doesn't say that such a list is exclusive to only those transportation situations which woul dnullify other interpretations of 12026 tranportation lawfulness such as transporting to a site where one plans to open carry. Well, I know I am good between home and work... which was the largest part of my concern moving into Cali as I may be working later evenings. It appears a hotel room would be a lawful destination since it is private propperty that is lawfully possessed, and it appears campsites without further restrictions would allow for lawful transportation... ugh... seriously this is confusing. You almost have to have a lawyer in your coat pocket just to defend yourself. This seriously cannot be what the founding fathers had in mind!
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Oh, one more question... for those of you that do not drive holstered...
How do you lawfully move your gun from being propperly stowed in your car to be ing lawfully stowed on your belt holster? That very act of movement seems to actually break California code.
For those of you that do drive holstered, how difficult is it to choose a route that does not put you through a school zone?
How do you lawfully move your gun from being propperly stowed in your car to be ing lawfully stowed on your belt holster? That very act of movement seems to actually break California code.
For those of you that do drive holstered, how difficult is it to choose a route that does not put you through a school zone?
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Iopencarry
Regular Member
I keep a gun vault within reach 24/7 while driving.
I carry, in belt holster. mags on off side belt. When driving, if I can not help but pass through a GFSZ, then I will place into the gun vault.
Once out of the 'zone', they go back on my belt. I do not need to stop driving for this to happen.
however, in my county, 'zones' are easy to navigate.
I carry, in belt holster. mags on off side belt. When driving, if I can not help but pass through a GFSZ, then I will place into the gun vault.
Once out of the 'zone', they go back on my belt. I do not need to stop driving for this to happen.
however, in my county, 'zones' are easy to navigate.
Thats the great question. Technically the moment you unlock the case till the moment the weapon is out in the open, it is concealed. And the reverse is true as well. The Brandishing definition requires you hold it in a threatening menacing manner. So the scenario I always imagine is some sheeple or overzealous LE sees my unlock my container, pull out my weapon and go to place it on my hip. But just the mere sight of it will set those mentioned off and will try and make me out to be a violent criminal.
So I would recommend to all, find a restroom or a private place away from the publics eyes and change from LUCC to UOC there. Or sometimes Ill change switch in my car before getting out.
As for driving, I just stay LUCC until I know for certain im not in a 1000' zone, and holster up before getting out.
Also my recommendation find a specific locking double zipper backpack from a travel luggage store, get a TSA tumble lock. Its inconspicuous, easy to get into, can carry holster and mag/holsters very easily.
pullnshoot25
Regular Member
A lot of these posts would go very well with the advanced FAQ.