Driving to California with handgun...

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dwatts47

New member
Okay, some help out here from those that drive into anti gun states,

Not even sure this is the right forum, but search didn't give me anything i'd bet on...


Taking a drive into california this summer for a motorcycle race. My Concealed handgun license is valid in every state I'll be passing EXCEPT my final destination.


The carry gun in question will be a west german sig 225 (to avoid hi cap mag laws). I understand that I'll have all but zero rights to keep my gun at the ready while in CA but If anyone out there could shed some light on exctly what I can and can't expect I'd greatly appreaciate it.


thanks all....

OH and I do mean only advice that has me following the laws to a "T".

Dwatts
 
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Depends on if you get stopped,,,, who stops you...and why they stopped you...

if you get stopped you can expect to be in some hot water if you dont have the gun unloaded and cased.... as it is to be in states that dont acknowledge your current valid permit from state of residence.

I have the same problem every spring when I go to WI fishing.
 
You can expect that they will

Arrest the gun. Minimum. You post this without reading the laws of CA and want an answer?

Your gun will need to be secured based on the laws of CA. If you have it secured by the laws of CA, you might not get arrested.

Why is this a question? Are you looking for a loop hole online? Search the CA site and find out what they want.
 
You can't carry the gun in California. (State law technically says you can carry it exposed if it is unloaded, but (a) why would anyone do that, and (b) the less gun-tolerant counties and cities will bust you and let the judge sort it out, and you didn't state where you're going.)

You can't have the gun loaded in your vehicle. It has to be unloaded and in the trunk, or in a locked gun case.
 
QUOTE You can't carry the gun in California. (State law technically says you can carry it exposed if it is unloaded, but (a) why would anyone do that, and (b) the less gun-tolerant counties and cities will bust you and let the judge sort it out, and you didn't state where you're going.)

You can't have the gun loaded in your vehicle. It has to be unloaded and in the trunk, or in a locked gun case. QUOTE

That is only part of the picture, you are forgetting about the pesky school zones, so in reality, you will NOT be able to just have it exposed and unloaded when you are in 1000 feet of any school. It is truly a myth that you can open carry in CA since the number of schools is substantial in any urban area. This is the backhand response to those in CA who support open carry.

If you get pulled over in CA with an exposed gun, I hope you have a good lawyer to defend your constitutional rights, you will need one. It is also a fairly good way of getting shot by an LEO who sees your exposed weapon. Don't expect the LEO to be your second amendment friend at that point!!
 
You can have a loaded gun at a campsite if you are camping as that is your residence by definition. Don't know about "visiting" with the Hi Cap magazine. If you are camping, you might want to call the local Sheriff or police regarding your location. This is a good start http://www.handgunlaw.us/
 
I think I would change my trip and go to a different state... CA is potentially way more trouble than what it is worth to see with a gun.

More tolerant states like almost anywhere else would probably be a legally less challenging area. Sorry but it just kinda is what it is... :eek:
 
Are you driving a car or riding a bike to the bike race? Check CA law carefully, but as long as it is unloaded, it and the ammo in separate locked containers, and you never touch either of them while inside the border of CA, I think you would bee ok.

However, I don't live in CA and I haven't checked their law personally, lately, so my advice is worth what you paid for it. You need to check the section dealing with visitors and tourists, what the laws are for resident owners may not tell you everything you need to know to stay in full compliance with the law.

Also consider, how long, and where you will be staying. Staying X number of days might make you a different class (non resident owner?) than just going to the race, ovenight and then home. Check and see how the law looks at you carrying your cased gun into the motel room, vs. leaving it locked in the trunk. It is flat scary, but there seems to be about nothing that is not covered by some part of some law in CA (and a lot of other places too!)
 
Key word in the thread heder is "motorcycle".

Will you be riding a bike to CA? If so, you will have no real way to secure the firearm even if cased pursuant to fed stat 926a. That means you would have to openly carry it, unloaded and fully exposed, as long as you are on the bike.

You are caught between a rock and a hard place on this if you are on a bike. The laws for securing the firearm against the laws for possession and carry.

If you leave it on the bike and it gets stolen while you are in paying for gas, you are in trouble.

If you carry it on your person, unconcealed, you will be stopped, questioned, and possibly detained.

The first scenario will have no out. The second will have an affirmative defense but will cause you no shortage of grief.

Either leave the firearm home, or secure it at a police station or gun shop in the adjoining state while you are visiting. The police may or may not secure it for you but most gun shops will do so for a fee.

Good luck.
 
Thanks for all the posts...


I'm in no way lookin for a loophole...


I'm simply asking advice from other lawfull gun owners.


I am driving a car, weapon to be inside the car. I know that I can not carry concealed or other wise in CA (as I said in my original post).

I will use it to defend my hotel rooms while Im there (2 weeks) and I want to travel in accordance with the law, but I'm no lawyer and I'm just trying to do the right thing.
 
There is no way in the world I would travel in California with a handgun. If it cannot be near me and loaded, it is worthless and nothing more than the next thief's meal ticket.
 
Okay, that makes it clearer. I always travel with a handgun wherever I go and I make sure that it is in a condition which conforms to Fed Stat 926a. This is the law which is commonly known as a Gun Owner's Protection Act.

Watch out how you carry the ammo and the firearm. If the ammo and the firearm are within a certain distance of each other the firearm is considered loaded for the purposes of the law. If the firearm and the ammo are in the same container the firearm is considered loaded for the purposes of the law.

Carry the firearm in the trunk and the magazine/ammo in the passenger compartment. The ammo can be concealed and this would be a good idea. Ammo fairly screams "Firearm!"

Place the firearm in a locked metal container.

When you get to your hotel room, see if they have safes in the rooms. If not, make sure they have a secure vault at the front desk which is usually a safe deposit type box that you place your valuables in.

I have placed firearms in the safe deposit boxes at the front desk at several California hotels. They have no problem with your doing that. Simply make sure they know that you will be placing a firearm in the box before you pull it out to place it there. I usually show the clerk that it is empty and ask "Do you certify that this is unloaded?"

The reason that they have no problem with this is because of the domicile laws. You are allowed to keep and bear a firearm for lawful protection of your person and domicile in your domicile. The hotel room is your domicile for as long as you lawfully stay there.

Do as RWNielsen said and go to the CalGuns site and ask the pertinent questions including the domicile laws.

http://www.calguns.net/calgunforum/index.php
 
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I live in Calif so I am fairly familiar with Calif Gun Control

While Open-Cary is sorta legal in Calif you might get arrested or at least hassled so don't do it.

You must store the firearm in a locked container (preferably in the trunk if you have a trunk). If the magazine if loaded it must be stored in a separate locked container. However, if the magazine and the weapon are unloaded they can be stored with ammo in a locked container. Your glove box is not a locked container.

If a child accesses your firearm and causes fatal injury (any injury?) and the firearm was not properly stored (locked some how) you have committed a felony. If no kids can access your hotel room you can just leave it lying around loaded, but if a kid somehow got in you could be in trouble.

Your Hotel Room is a temporary residence and Calif's Castle Doctrine will apply BUT: you must believe that they forced entry, they must have forced entry, you must have feared your life, it must not be a member of you family or some-one who lives their or some-one with legit purpose (landlords for example). Castle Doctrine protects you from criminal violation but not civil.

BTW a campsite is not going to pass as a residence, its a public area just like my FRONT YARD IS. Inside the Tent would maybe be okay though. For hunting handgun carry its going to have to be a hunting caliber like a .357

You do not need any documentation for your weapon while in California, but if the stay is long (maybe over 30 days?) you are probably required to register your gun.

If you do encounter a LEO in a standard traffic stop I wouldn't mention that you have a firearms because the law doesn't require you to. Unless you are intoxicated they have NO EXCUSE to search any of your property. Just politely refuse any search requests (there request is almost always just them telling you they are going to search) without a warrant.

I wouldn't bother mentioning the firearm at a traffic stop unless you want to risk having your whole vehicle searched, be detained, and have your weapon cleared and slammed on the hood of your car by some bored-hot-shot-LEO in a most un-constitutional manner.

Overall, be safe and be smart. But you still have a right to defend yourself inside your home here in California so you might as well exercise your right! Just keep it locked up and you'll be 100% okay legally :)
 
All of the above is good advice except the part about leaving the firearm laying around in your room. The housekeepers come in to clean and you don't need to have the firearm disappear. They leave the door open while they are cleaning so it may not necessarily be them who takes it. Lock it in the hotel safe when you are not in the room.
 
Thank you so much for all the great responses thus far,

1 last question.... Must my Sig 220 (the gun I'll be taking as it shoots phenominally small groups, always works and has a california legal-below 10 round mag cap) must it be a "california compliant" model?

I don't know if such a thing exists, but I do know there are NY and MA compliant models.
 
Don't worry about whether or not your gun is on the roster, that only applies to new firearms sold by FFL's to non-LEO consumers.
 
Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.
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So just make sure that you will be taking it with you when you leave if it is not on the list.
 
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