What's the law in California?

This is a discussion on What's the law in California? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Yesterday I traveled with my boss from Tucson to Indio, CA and back. I was carrying concealed. When we reached the state line, I withdrew ...

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Thread: What's the law in California?

  1. #1
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    What's the law in California?

    Yesterday I traveled with my boss from Tucson to Indio, CA and back. I was carrying concealed. When we reached the state line, I withdrew my weapon, emptied the cylinder, put ammo and gun in a secure box, locked it, and put it in the trunk. I did the opposite returning to AZ. Am I legal doing this? Thanks!

    ps. I thought I read that in Massachusetts you can't even bring a weapon across the line.

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    VIP Member Array wmhawth's Avatar
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    Quote Originally Posted by aznav View Post
    Yesterday I traveled with my boss from Tucson to Indio, CA and back. I was carrying concealed. When we reached the state line, I withdrew my weapon, emptied the cylinder, put ammo and gun in a secure box, locked it, and put it in the trunk. I did the opposite returning to AZ. Am I legal doing this? Thanks!
    I don't see what else you could have done. Seems right to me.

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    Member Array dang.45's Avatar
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    When I lived in CA, I was told that I could transport my gun under the following conditions:

    A. Unloaded, meaning no ammo could be touching any part of the gun. This meant that I could not have a loaded magazine, even if the magazine was separate from the gun.

    B. The gun had to be in a locked case (any lock in any case was fine), outside of the passenger compartment. I never asked what this meant if I were in a pickup (I didn't have one), but the "luggage" compartment of a van or SUV was fine. There was also no problem carrying my handgun (locked & unloaded of course) in my saddle bags for my motorcycle.

    In your description of what you did, you did not say whether or not you unloaded the magazine (assuming it was a semi-auto). Other than that, you should be golden.

    Standard Disclaimer - I am not a lawyer, nor do I play one on TV. I've written what I remember being told - no more, no less. I believe my statements to be accurate, but as with all things, use this info at your own risk...
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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    Member Array braindonor's Avatar
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    All you had to do was unload it and put it in the trunk.

    Ammo does not have to be separate, just not loaded.

    A lockable container is required if you don't have a trunk, and can be carried in the passenger compartment.

    You were good and then some.

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    Member Array Dan M.'s Avatar
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    Quote Originally Posted by dang.45 View Post
    In your description of what you did, you did not say whether or not you unloaded the magazine (assuming it was a semi-auto).
    He did say he emptied the cylinder.

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    From what I've read, you were okay.
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    VIP Member Array BigEFan's Avatar
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    You should be fine. I separate the ammo from the gun (separate containers) just to be on the safe side if I get pulled over..............wait a minute, I almost forgot.....I got my permit..........so this is what I used to do.

    Gee, I remember there was a time when I thought I would never get a permit.........God Bless Gun Supporting Sheriffs!
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    I think brain donor had it right

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    Senior Member Array Rossman's Avatar
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    # Weapons permits from other states are not valid in California.

    (PC Sections 12025-12031)

    In about 40 of the states, any law-abiding citizen may carry a concealed firearm. In two of these, a license is not required; in the others (“Shall Issue” states) the weapon license, or permit, MUST be granted. Two states (Wisconsin and Illinois) have no provision for concealed carry (Wisconsin may be about to change). The remaining few are known as “May Issue” states, and permits are frequently granted, or refused, at the discretion of Sheriffs, Police Chiefs or Judges (depending upon state law).

    California is a “May Issue” state; the decision to grant a CCW (Carry a Concealed Weapon) Permit being granted (or refused) at the discretion of the County Sheriff or Police Chief. Some sheriffs/chiefs issue on a reasonable basis, others can be next to impossible to persuade.

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    Member Array Dusty Miller's Avatar
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    It was my understanding that the ammo HAD to be in a separate part of the vehicle from the gun.

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    Member Array dang.45's Avatar
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    You guys got me curious, so I dug out my copy of "Know Your CA Gun Laws" that I got when I purchased my 1911 while living in CA. Now, this was published in 2002, so the laws may have changed, but here's what I've got:

    --------------------------

    Question: How can I legally transport a handgun in a motor vehicle if I don't have a permit to carry one concealed?

    Answer: With certain exceptions, a concealed handgun can legally be transported within a motor vehicle without a permit only by carrying it: 1) unloaded & 2) locked in the vehicle's trunk or in a separate locked container other than the utility or glove compartment. If the vehicle does not have a trunk, it must be carried in a locked container separate from the utility or glove compartment. Ammunition cannot be attached to the handgun in any manner.

    --------------------

    Question: What is a "locked container" for purposes of carrying a handgun in a vehicle?

    Answer: Penal Code Section 12026.1 defines a locked container as "a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device." The term "locked container" does not include the utility or glove compartment of a motor vehicle. As "utility" is not defined in the Penal Code, a handgun should not be transported in the center console (even if locked) nor in the storage area present behind the rear seat in most "hatchback" type automobiles...
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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    I've got a couple of small lock boxes in the trunk that I take with me when traveling that way. Gun goes in one, ammo in the other, then both are locked and placed in the trunk. Can't do any better than that, short of turning around and avoiding the state altogether. At least in Calif., that's enough to satisfy the laws.
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    Thanks, everyone, for the help!

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    Quote Originally Posted by aznav View Post
    .....!

    ps. I thought I read that in Massachusetts you can't even bring a weapon across the line.
    http://www.mass.gov/legis/laws/mgl/140-131g.htm
    Chapter 140: Section 131G. Carrying of firearms by non-residents; conditions

    Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this section.

    http://www.mass.gov/legis/laws/mgl/140-131f.htm
    Mass does issue non-resident permit $100/1 year

    if you don't have a nonresident permit, your handgun must be unloaded and locked in a trunk or safety container with a key

    Mass does NOT recognise other States permit to carry concealed

    State of Mass. Firearm License Home Page

    ...

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