Transporting Handgun in California

Alaska444

Moderator
I read in one thread on another site that you MUST have a legal purpose for carrying an unloaded and properly locked handgun in your car in California. They went on to state that the general purpose of self defense was not included in that. In other words, it is legal to transport to gun smith, gun shop, shooting range, etc. but not just to have the gun in the car for self defense.

I spent quite a bit of time looking for any confirmation of this, but couldn't find anything of that sort. Any comments?
 
You must have a Permit/License to carry a loaded handgun in any vehicle. CA does not issue non resident permit/licenses and does not honor any other states permit/licenses.

The transportation or carrying of any pistol, revolver, or other firearm capable of being concealed upon the person by any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and is not within the excepted classes prescribed by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code sections 8100 & 8103, provided that the following applies:
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. and when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the firearm must be contained in a locked container while being physically carried. (Penal Code § 12026.1.)

Also CA has magazine bans. Bringing them into CA could be a crime.

Large Capacity Magazines
With limited exceptions, California law prohibits any person from manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, or lending any large capacity magazine. Cal. Penal Code § 12020(a)(2), (b). A "large capacity magazine" is defined as any ammunition feeding device with the capacity to accept more than ten rounds, but does not include any .22 caliber tube ammunition feeding device, any feeding device that has been permanently altered so that it cannot accommodate more than ten rounds, or any tubular magazine that is contained in a lever-action firearm. Section 12020(c)(25). California does not ban the possession of large capacity magazines.
Upon a showing of good cause, the California Department of Justice may issue permits for the possession, transportation, or sale of large capacity ammunition magazines between a licensed California firearms dealer and an out-of-state customer. Section 12079(a). This requirement applies for only the out-of-state importation and exportation of large capacity ammunition magazines, including the transportation of such magazines as necessary to complete a transfer to or from an out of state source. See Cal. Code Regs. tit. 11, § 978.40.

Large capacity magazines may be manufactured for any federal, state, or local government or law enforcement agency, or for use by agency employees in the discharge of their official duties, whether on or off duty. Section 12020(b)(30). Large capacity magazines may also be purchased or loaned for the sole use as a motion picture, television or video prop. Section 12020(b)(31), (32)(A). Such magazines may also be resold to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. Section 12020(b)(32)(C).
For additional large capacity ammunition magazine regulations, see Cal. Code Regs. tit. 11, §§ 978.40-978.44.
 
You can open carry in your car or on your person but make sure you lock it up when you are within 1,000 feet of a school. So if you have a gun in your car/truck make sure it is in open sight and unloaded and you are not too close to a school. If you drive by a school, lock it up, and then take it out again. Here is fact sheet from california open carry . org
http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf
 
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Ca laws are so damn confusing. I was a believer of this so called myth.
Another common misconception is the belief that ammunition cannot be stored in the same case as a firearm, or that it must be locked up separately somehow. This is not true. There is no code to support this myth. See the second page of this flyer for more information about loaded firearms.


YEESH:eek: Whats the point of an Amendment if it isnt followed or ignored.
36 CFR 2.4 (a) Effective February 22, 2010, the Coburn Amendment (s512 of HR627) forces the National Parks to allow possession and carry of firearms in the Parks. However, in California, the Park Service believes that 36 CFR 2.4 (a) (iii) (prohibits the use of firearms) still applies, and that it triggers 12031(f) and therefore loading is not legal. While this appears to violate the intent of the Coburn Amendment, it would be wise to only carry unloaded at this time in the National Parks (accept in one’s campsite, where 12031 does not apply).

COnflicting much?

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.
 
California laws are confusing, but I can't find any confirmation of the one site where it states you must have a reason to have the gun in your car, locked or open. I would hate for that to be correct, but it seems pretty outlandish to me.
 
Hard to believe they try so hard to make sure only criminals can protect themselves!!!
I'm thankful I live where I do!
 
I think the only "reason" to have a locked gun in a vehicle is for legal transport as enumerated. Otherwise, I guess you must intend to open carry to just drive around with a gun because you feel like it. Makes no sense. I know if I just happen to have an unnloaded gun in my car, locked or not, it is because "I am exercising my right to open carry."
 
this is from http://www.handgunlaw.us or more specifically http://handgunlaw.us/states/california.pdf

Also, in California you are not required by law to inform an officer you have a firearm in your vehicle if you are pulled over for a traffic stop as an example(in some states you are required to inform the officer):


RV/Car Carry Without A Permit/License
You must have a Permit/License to carry a loaded handgun in any vehicle.
The transportation or carrying of any pistol, revolver, or other firearm capable of being concealed upon the person by any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and is not within the excepted classes prescribed by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code sections 8100 & 8103, provided that the following applies:
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. and when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the firearm must be contained in a locked container while being physically carried. (Penal Code § 12026.1.)
 
Hard to believe they try so hard to make sure only criminals can protect themselves!!!
I'm thankful I live where I do!

HIGHVEL,

It truely is amazing. I was lucky that we live+are raising our family in Virginia. I grew up in Mass, and I love the state and New England; I am just glad I wasn't into guns while being there. I don't think living in NJ or some other states would even be an option. I would literally have to give up the hobby. This might be too harsh and/or I might be mistaken to some degrees, but it just seems there are a lot of obstacles for law-abiding citizens in some of these states. I mean when you have to do research on how you can defend your family from a home invasion there is a serious issue.

It reminds me of NASA:

"Houston, we have a problem!"
 
Here's a follow up on the issue of open carry in CA. Yes, it is legal but NOT within 1000 feet of a school.

Take a look at a map of all of the schools in LA. Is open carry really viable? Not really if you look at all of the places within 1000 feet you have to lock it up!!

It IS legal??? what the hell?

Off the top of my head i count 5 highschools, 3 jr highs, and 8+ elementary schools within a 2-6 mintues drive time! oh and each HS roounds about 4K+
 
My front yard is considered "public" space since it is not fenced in which means I could not defend my wife gardening in our front yard since we are within 200 feet of a middle school. If you look at all of the dots on the LA map, each little dot represents a school most of which are forbidden open carry hand gun zones. Sorry, but open carry in CA is not viable at all. It is a legal right that we truly cannot exercise legally.

http://maps.google.com/maps?client=...ocal_group&ct=image&resnum=1&ved=0CDEQtgMwAA#
 
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