Uncased Long Guns in Vehicles.

[Felid`Maximus]

I was discussing the law with an NRA certified shotgun instructor, and he said that long guns have to be locked and encased in a vehicle in California.

My understanding is, that in a vehicle in California, short of some local ordinance or passing through a state park, a long gun only needs to be unloaded.

He said I was wrong. I said I was pretty confident that I was right, but he replied saying not that long ago he got a ticket from a State Trooper for having an unloaded shotgun in a gun sock in his vehicle. I asked if it was for a local ordinance or if he was driving through a state park and he said no. He claims he was cited with violating the California Penal Code. I asked him if he tried to fight in in court and he said he did go to court and that was the law.

He didn't remember what law it was and I didn't get any information about the court case. But I'm guessing he must have either been cited for something different, cited incorrectly and plead guilty, or had a really terrible attorney.

Or am I totally wrong, and something in the California Penal Code would penalize having an unloaded shotgun in a gun sock in the passenger area of your vehicle?

 

[Save Our State]

Unless you're in a school zone, a long gun of any kind only has to be unloaded while in a vehicle. Even in a school zone, it only needs to be unloaded and locked, not necessarily cased.
It's a confusing law, so it's not to be held against someone for misinterpreting it. Unless an arrest or siezure in involved, then someone should have known better

 

[ConditionThree]

I was discussing the law with an NRA certified shotgun instructor, and he said that long guns have to be locked and encased in a vehicle in California.

My understanding is, that in a vehicle in California, short of some local ordinance or passing through a state park, a long gun only needs to be unloaded.

He said I was wrong. I said I was pretty confident that I was right, but he replied saying not that long ago he got a ticket from a State Trooper for having an unloaded shotgun in a gun sock in his vehicle. I asked if it was for a local ordinance or if he was driving through a state park and he said no. He claims he was cited with violating the California Penal Code. I asked him if he tried to fight in in court and he said he did go to court and that was the law.

He didn't remember what law it was and I didn't get any information about the court case. But I'm guessing he must have either been cited for something different, cited incorrectly and plead guilty, or had a really terrible attorney.

Or am I totally wrong, and something in the California Penal Code would penalize having an unloaded shotgun in a gun sock in the passenger area of your vehicle?

California does not have 'State Troopers'. Or a law prohibiting an unloaded shotgun or long gun in the passenger compartment of a motor vehicle, cased or otherwise. So much for NRA certified.

 

[Felid`Maximus]

Thanks for the replies.

Unless you're in a school zone, a long gun of any kind only has to be unloaded while in a vehicle. Even in a school zone, it only needs to be unloaded and locked, not necessarily cased.
It's a confusing law, so it's not to be held against someone for misinterpreting it. Unless an arrest or siezure in involved, then someone should have known better

I didn't think that a long gun needed to be locked in a school zone. I thought 626.9 exempted long guns, at least during "transport." (It seems to me that if one is found not to be, "transporting" that even a locked case or trunk may not help since that exception only mentions that it is for "firearms capable of being concealed."

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:
(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
(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.
This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.

 

[mjones]

Thanks for the replies.



I didn't think that a long gun needed to be locked in a school zone. I thought 626.9 exempted long guns, at least during "transport." (It seems to me that if one is found not to be, "transporting" that even a locked case or trunk may not help since that exception only mentions that it is for "firearms capable of being concealed."

That's the CA GFSZ that you posted - which does not require long guns to be locked. The Federal GFSZ does require them to be locked.



The Gun Free School Zones Act of 1990 (18 U.S.C. § 922(q)) states:

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

Pursuant to 18 U.S.C. § 921(a)(25) the term "school zone" means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
Pursuant to 18 U.S.C. § 921(a)(26) the term "school" means a school which provides elementary or secondary education, as determined under State law.

 

[Felid`Maximus]

Ah okay.

But there is no CA law regarding this, only Fed law, right?

 

[mjones]

Ah okay.

But there is no CA law regarding this, only Fed law, right?

Within the context of "Uncased Long Guns in Vehicles" - yes. Outside a vehicle is a whole different set of penal codes with regard to 'unloaded non-handguns'