How to carry a pistol in a car in California

R

Rogervzv

New member
I always carry my pistol or revolver in the trunk, unloaded i.e. no rounds in revolver or no clip inserted in the pistol, in a locked container. I have heard chatter that the trunk itself constitutes a locked container and that therefore the locked container is unnecessary. Can someone clarify this?

I carry the ammo and clips outside of the locked container but not in a separate locked container, in the trunk. Is that the right way to do it?

For a vehicle with no trunk, such as a Ford Explorer, I carry the weapons and ammo in the rear (i.e. not in the passenger seats) in a locked container.

If a pistol or revolver is in a locked container, is it legal to place the container on the seat of the vehicle, or must it be in the trunk?

Is the above correct? Back in the 90s when I was last an active shooter we did not have all these weird laws. But I want to ensure that I am complying with them.
 
I always carry my pistol or revolver in the trunk, unloaded i.e. no rounds in revolver or no clip inserted in the pistol, in a locked container. I have heard chatter that the trunk itself constitutes a locked container and that therefore the locked container is unnecessary. Can someone clarify this?
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Yes, your trunk is a locked container, if it's locked.

I carry the ammo and clips outside of the locked container but not in a separate locked container, in the trunk. Is that the right way to do it?
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No need to have the loaded MAGAZINES (they're not clips unless you have a Garand) in a separate container as long as they aren't in the gun.

For a vehicle with no trunk, such as a Ford Explorer, I carry the weapons and ammo in the rear (i.e. not in the passenger seats) in a locked container.
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Fine.

If a pistol or revolver is in a locked container, is it legal to place the container on the seat of the vehicle, or must it be in the trunk?
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Not necessary to be in the trunk if locked in a hard-sided container.

You may technically open carry, unloaded, with both the gun and the loaded magazine visible on your belt, NOT concealed by any item of clothing. There is a likelihood that, if stopped, the officer will not know this is legal, and you may be in for a delay. The officer is entitled to verify that the gun is unloaded, but that's it, unless you are prohibited for some other reason. This is true whther in a vehicle or on foot.
 
The law is a little vague. The way I do it: gun and magazines both unloaded along with the ammo inside a locked container inside the trunk.

The problem with simply having it in the trunk, and the trunk being the locked container, is that there may be an inside access from the back seats that does not lock. Also, without the locked container you've got to openly transport the firearm after you take it out of the trunk.

The reason for not having the magazines loaded is that in some California case law the magazine is part of the gun, and therefore a loaded magazine could = a loaded gun. There are many exceptions to this & I don't know what I am talking about so I play it safe.

While the officer is only entitled to verify that the gun is unloaded with open carry, they might simply arrest you, as has happened, because they don't know the law. Also, you cannot open carry within so many feet of a school (is it a 1000?) so basically its pointless.

As said you can keep it in the front seat if its in a locked container. However, a locked container sitting in plain-view inside an unattended car is obviously inviting to burgles.

http://wiki.calgunsfoundation.org/index.php/Transporting
 
The reason for not having the magazines loaded is that in some California case law the magazine is part of the gun, and therefore a loaded magazine could = a loaded gun. There are many exceptions to this & I don't know what I am talking about so I play it safe.
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If this were true, UOCrs (unloaded open carriers) could not have a loaded magazine in a pouch on their belt. They clearly can. There is no doubt that a loaded magazine, separated from the gun does NOT constructively mean "loaded gun" in CA.
 
you cannot open carry within so many feet of a school (is it a 1000?)
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It's federal law. Ignored and un-enforced in many states like AZ. CCW licensees are exempt from this requirement , which highlights IMO, that GFSZ's are NOT 'sensitive places' in the context of Heller vs DC. The person must reasonably have known he/she was in a GFSZ to be convicted.

Convictions are extremely rare but not non-existent. Usually it is a tag-on charge for some gang-banger who was up to no good anyway.

I predict that GFSZs will be found unconstitutional in due time.
 
Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (g) of California Penal Code 12031 defines what constitutes a loaded weapon).
In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, although not chambered or placed in a position where it was able to be fired, was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed
 
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