Decoligny
Regular Member
imported post
Here is an e-mail question that I sent to DOJ Firearms division along with their response
From: ME
It is my understanding that currently there is nothing in the Penal Code that prohibits a law abiding citizen from carrying an unloaded firearm in a belt holster and carrying a full magazine in a belt holder, while traveling in a motor vehicle (except within 1000 feet of a school zone), as long as the ammunition is in no way attached to the firearm.
It has been brought to my attention that Kern County Sheriff's Deputies are being trained that anyone, including law abiding citizens who are carrying both an unloaded firearm and ammunition for that firearm are to be considered as carrying a loaded firearm.
Which is the correct definition? If I were to drive with a firearm and ammunition outside of any prohibited areas (schools or state capital area), would I be violating the law?
FUD RESPONSE FROM DOJ:
Mr. XXXXX,
This is in response to your recent correspondence to the Bureau of Firearms, regarding driving in a motor vehicle with an exposed firearm and ammunition on your person. Many jurisdictions in California are beginning to interpret the term "loaded firearm" to include a loaded magazine, or a person with ammunition on his or her person, in the same vehicle as an otherwise legally transported firearm for which that ammunition is designed. This is a matter of interpretation of state law by local jurisdictions, and as such a matter most appropriately addressed with the local district attorney's office.
That said, you may want to refer to Section 12026.1 of the California Penal Code, regarding the transportation of a concealable firearm in a motor vehicle:
" 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 within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, 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."
I hope this information is helpful to you. If you have any further questions or need further assistance, please contact the Bureau of Firearms at (916) 263 - 4887, or via e-mail.
Sincerely,
Brent George
Staff Services Analyst
California Department of Justice
Bureau of Firearms
Training, Information, and Compliance Section
(916) 263 - 4868
Here is an e-mail question that I sent to DOJ Firearms division along with their response
From: ME
It is my understanding that currently there is nothing in the Penal Code that prohibits a law abiding citizen from carrying an unloaded firearm in a belt holster and carrying a full magazine in a belt holder, while traveling in a motor vehicle (except within 1000 feet of a school zone), as long as the ammunition is in no way attached to the firearm.
It has been brought to my attention that Kern County Sheriff's Deputies are being trained that anyone, including law abiding citizens who are carrying both an unloaded firearm and ammunition for that firearm are to be considered as carrying a loaded firearm.
Which is the correct definition? If I were to drive with a firearm and ammunition outside of any prohibited areas (schools or state capital area), would I be violating the law?
FUD RESPONSE FROM DOJ:
Mr. XXXXX,
This is in response to your recent correspondence to the Bureau of Firearms, regarding driving in a motor vehicle with an exposed firearm and ammunition on your person. Many jurisdictions in California are beginning to interpret the term "loaded firearm" to include a loaded magazine, or a person with ammunition on his or her person, in the same vehicle as an otherwise legally transported firearm for which that ammunition is designed. This is a matter of interpretation of state law by local jurisdictions, and as such a matter most appropriately addressed with the local district attorney's office.
That said, you may want to refer to Section 12026.1 of the California Penal Code, regarding the transportation of a concealable firearm in a motor vehicle:
" 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 within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, 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."
I hope this information is helpful to you. If you have any further questions or need further assistance, please contact the Bureau of Firearms at (916) 263 - 4887, or via e-mail.
Sincerely,
Brent George
Staff Services Analyst
California Department of Justice
Bureau of Firearms
Training, Information, and Compliance Section
(916) 263 - 4868