Gun confiscated in CA

Originally Posted by learthworml

If the mag is 15 rounds, they still have to prove that it was purchased after the ban. Just tell them it is an old weapon and the magazine was purchased before 2000. In California when you transport a weapon you have to have it in a locked container. Your trunk counts as a locked container. I would not keep a handgun in the car, loaded or not. Keep it in the trunk. I think that is pretty common sense. Why risk getting in trouble?

Can you provide a citation for that? I believe you can openly transport a firearm in vehicle as long as it is unloaded. It doesn't have to be locked up.

Even if the mag was purchased pre-ban, I believe bringing it INTO CA would violate the law.

Originally Posted by JonJon

Can you provide a citation for that? I believe you can openly transport a firearm in vehicle as long as it is unloaded. It doesn't have to be locked up.

Even if the mag was purchased pre-ban, I believe bringing it INTO CA would violate the law.

http://ag.ca.gov/firearms/travel.php

Originally Posted by The_Don

In california I am pretty sure that if the handgun is in the cabin of the car it has to be locked in a case and the magazines have to be in the trunk. Otherwise, gun locked and unloaded with mags in the trunk is fine. California doesn't recognize concealed carry permits from other states - such as arizona, etc- and, military personel will get the same treatment as a civilian 9 out of 10 times.

I agree. Main point though.....if you plan on taking a weapon across state lines...you should check the state procedures. I have a CCW, but am aware of other state laws. Also, National Parks have different laws as well. And, you can't bring a personal weapon on a military base unless it is registered on base...and there are procedures for that as well. Last I checked......just by being in the military, you get no special rules for carry...unless you are under orders going to and from a deployment or carry in uniform in the line of duty.

Originally Posted by Fisch330ciTopasBlau

http://ag.ca.gov/firearms/travel.php

That's the thing about law enforcement agencies.... they tell you only what they want you to hear... Read the actual law/statute yourself

http://law.onecle.com/california/penal/12025.html

(F) nullifies the statute violation of being "concealed". Section F is an EXEMPTION
If the firearm is not concealed (open in the vehicle), 12025 does not apply. (IANAL)

(a) A person is guilty of carrying a concealed firearm when
he or she does any of the following:

(1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.

(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.

the crime is not having it in a car... it is concealing it

Just stay away from school zones....

I read this statement

California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

as the main issue when transporting the gun in CA according to the CA Attorney General's link I posted. It doesn't matter if it's carried openly or not. ANY firearm that can easily be concealed must be locked up when transporting unless you're licensed to carry...which eliminates the great majority of gun owners in CA.

Originally Posted by Fisch330ciTopasBlau

I read the "Being able to be concealed" part as the main issue when transporting the gun in CA according to the CA Attorney General's link I posted. It doesn't matter if it's carried openly or not. ANY handgun must be locked when transporting unless you're licensed to carry...which eliminates the great majority of gun owners in CA.

I politely disagree. You're reading a INTERPRETATION of the statute by some LEO, political office or maybe a webmaster. Although correct, it is not complete.... Read the actual statute


Laws tell you what you can't do not what you can do. So unless there is a law that specifically states that you can't open carry or (unconcealed) carry in a vehicle. It is legal.


http://www.californiaopencarry.org/C...aOpenCarry.pdf

Read that

http://www.calgunlaws.com/index.php/...ain-sight.html

You're right, but the way you can get away with this isn't very smart to do.

Originally Posted by Fisch330ciTopasBlau

http://www.calgunlaws.com/index.php/...ain-sight.html

You're right, but the way you can get away with this isn't very smart to do.

Why is it not smart? It's legal

If the officers are poorly trained that interact with law-abiding citizens, that's not our fault, it's theirs.

You aren't "getting away" with anything. It's legal. Frankly, I could not possibly care any less how officers "feel" about anything I do, when I'm engaged in legal behavior.

Originally Posted by JonJon

Why is it not smart? It's legal

If the officers are poorly trained that interact with law-abiding citizens, that's not our fault, it's theirs.

You aren't "getting away" with anything. It's legal. Frankly, I could not possibly care any less how officers "feel" about anything I do, when I'm engaged in legal behavior.

I get where you're coming from but what's the practical sense in having an unloaded gun sitting in plain view with no immediate access to your ammo in your car while transporting.

Originally Posted by Fisch330ciTopasBlau

I get where you're coming from but what's the practical sense in having an unloaded gun sitting in plain view with no immediate access to your ammo in your car while transporting.

Im not able to explain or describe why idiots in states like NY, NJ, MD and CA pass these laws.... But they do. People that have never held, fired or seen a real gun and believe guns actually kill people.

To answer your question. It is perfectly legal to have a loaded magazine with you, while open carry transporting your gun. If I need it, I can pop the mag in, rack it and be ready to fire in 2 seconds. If it's locked in my trunk... I'm dead.

I've lived in CA for years and still don't understand it either. There are people here fighting the good fight for our constitutional rights though.

Sucks for the OP...but it is what it is. Cali is not a gun friendly state. I grew up there and knew that first hand. Also, over 20 years in the military and have been to several different states, quite a few of them that have open carry laws like Colorado and Tucson AZ. In Colorado...you do not need a CCW permit to have a loaded handgun in the car, you can even keep it under the seat. Again....any smart gun owner should understand state statutes and how transport works. Not much more I can say than that. Again, I live in a state that allows silencers, extended magazines....and a ton of other fun stuff. Screw Cali...never going back. Gotta love extended mags and freedom out of Cali!!!! WOOT WOOT!!!