legalities of car carry in California

[Doggieman]

I've always heard one "should" carry ammo and handguns in separate containers. Ie no ammo in the gun case. However I don't see in any Calif law ( http://leginfo.ca.gov ) mandating this. I'm basically wondering whether it would be LEGAL (NOT whether it's a 'good idea') to carry on a regular basis an unloaded pistol in the car in a locked case next to some loaded mags that are in the same case (only interested in CA law not interstate travel).

There appear to be two related crimes of which one can be found guilty in CA:
1) carrying a concealed firearm
2) carrying a loaded firearm

Concealed:

------
Calif Penal Code 12025:
"(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."
-----

BUT

------
12026.1. "(a) Section 12025 shall not be construed to prohibit any
citizen... from transporting or carrying any pistol, revolver, or other firearm
capable of being concealed upon the person, provided that the
following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device."
-----

Two things:
-It appears you can leave a gun in your car all the time (eg for defense) as long as it's kept in a locked container. Does subsection (2) above indicate that you have to take the gun from the car whenever you exit the car? I don't think so -- I think it just means that if you do take the gun to/from the car it has to be for legal purposes and in a locked container.
-The statute says nothing about storing ammo in a separate case or part of the car. Ie, seems you can leave the mags sitting right next to the gun in the gun case. However, the gun CANNOT be loaded because of 12031 (a) and (g):

------
"12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.
[...]
(g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder."
-----

So subsection (g) appears to prohibit carrying a pistol with, say, the loaded magazine rubber-banded to the grip ("attached in any manner") but doesn't define a weapon as loaded when it is stored right next to ammo in the same case.

Anyone out there definitively know of any cases and/or other statutes that have interpreted or otherwise changed or clarified the above and related laws?

Thanks!

 

[Jericho9mm]

you need to keep the gun in a separate case and lockep up if you are in a car and as long as the gun is in its case without any ammo in the locked portion you are ok. for example you can have a range bag with ammo in it and put the locked gun case with unloaded gun into it and be ok, you just cant have ammo in the locked case or a gun in the range bag unlocked with ammo readily available. you can also only have a gun or ammo in the car only if you are going to or from a lawful purpose, i.e. the range or hunting.

 

[EOD Guy]

You can only have a handgun in your vehicle when traveling between specific places such as a gun store to your home or your home to a range and return. You cannot have the firearm in your vehicle all the time. The only times you can have the firearm are when going to or from the places listed in the California Penal Code, Section 12026.2.

 

[TimRB]

Things like this are a crapshoot in California. In Butte county probably no one cares how you carry your guns, while in Santa Cruz county I would expect to be arrested if I had a copy of "Guns and Ammo" unlocked on the front seat.

I strongly urge you not to play these games. Just unload the magazines. Remember, right or wrong, the purpose of this legislation was to prevent exactly what you are intending to do.

Tim

 

[CALNRA]

In Santa Cruz country there are hot spots(the city, Scotts Valley, Capitola). then there are the mountains where the sheriffs could care less. But with the influx of out-of-state smug liberals it's changing fast. Used to be outside the city limits the Sheriffs would have a chat with you about the gun you have in your car. Now, they are just a bunch of scared rabbits who just want a job.

Santa Cruz used to be a nice republican county, still is acutally, our state rep is a Republican. The problem is all the smug liberals and the adiministrators who call themself sheriffs or deputies. They'll be more at home in a first alarm uniform.

I remember back in 89 when the earthquake happened the power was out for over a week in my area of town. My dad and neighbors holstered their pistols or slung their mini-14s while cleaning out the neighborhood and no one, and I mean no one dared to come and cause trouble, We only saw one Sherif's patrol car and he was visibly humbled by the display of armed responsible citizens. But in the cess pool we call the city was the chaos. Good times...

I just wish UCSC was never built. they started the bad reputation for Santa Cruz county. God damn spoiled rich liberals.