The SHEriff is issuing CCW's, with restrictions!

[spc]

[quote=sholling;100228]Now I am completely confused. I was under the impression that as long as the pistol was stored unloaded and in a locked container that is not permanently attached to the vehicle, that it does that matter where that container resides. The passenger seat should be fine. I seem to remember a similar discussion on Calguns that said the same thing - however I have less faith in them than most sites. Please correct me if I am misunderstanding the law. As for just driving around I think that any destination that you choose to be heading is where you're transporting your pistol. Who is to say that you aren't taking your shiny new BFG9000 to your Aunt Mary's house for safe keeping.



Tango-52 has an opinion from the DOJ on this.





From:
Alice Galindo <Alice.Galindo@doj.ca.gov>
ect:


Re: Web Mail to Bureau of Firearms

Date:


March 10, 2008 2:09:34 PM PDT
To:
Dear Mr. , this is in response to your e-mail regarding transporting firearms in a locked container
for an extended period of time.
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 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. Please refer to
California Penal Code Section 12026.1 for the definition of a locked container.
Registered assault weapons may be transported only between specified locations and must be
unloaded and in a locked container when transported.
Nonconcealable firearms (rifles and shotguns) are not required to be transported in a locked
container. However, as with any firearm, must be unloaded while they are being transported (Penal
Code section 12024.1).
California law does not address the length of time you may travel with an unloaded concealable firearm
stored in a locked container or a unloaded nonconcealable firearm.
I hope this information has been helpful to you. You can access our website:
Dangerous Weapons Control Laws - Bureau of Firearms - California Dept. of Justice - Office of the Attorney General


to view the above cited Penal Code sections. If you need additional
information, please contact our office at 916-263-4887 or via e-mail.
>>> " > 1/18/2008 12:11 AM >>>
Name:
Email:
Message: Hi, I was wondering if it is lawful for a California resident who lawfully owns a rifle or
handgun to transport them in a locked container for an extended period of time.
That is, leaving the gun unloaded in a locked container with a trigger lock in place for emergency
situations. The ammunition will be in a separate container.
This is also assuming that I will not approach restricted areas with the gun in my car.







spc

[sholling]

Originally Posted by spc

Tango-52 has an opinion from the DOJ on this. You may have to scroll to the 2nd post on this page. I happen to like the way it reads.


Trunk gun - Page 4 - CalCCW

spc

I don't have permissions to view that.

[spc]

Originally Posted by sholling

I don't have permissions to view that.

Could you please edit out the link.

spc

[Spicy McHaggis]

This PC has the answer I think anyone is looking for:

12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, 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.

You can leave it in your car for as long as you'd like as long as it is locked and unloaded.

[moondog]

According to Machtinger and the Penal Code, you can not carry an unloaded gun in a locked container without meeting an exception in 12026.2. DOJ's response that "Calif. law does not address the length of time you may travel...." misses the question of destination./purpose. You must have an actual destination or purpose as listed in 12026.2. Basically, you cannot transport the gun for the purpose of self protectiion (for any length of time). For example, if you are traveling to a friends house, you cannot take the gun with you unless his house is acutally listed in the exceptions, ie, gun repair shop, travel between personal residences, place of business, hunting or fishing expediton, etc. And, yes, DOJ is correct that there is no time limitation on reaching your destination, you do have to take a direct route. You can still carry a rifle or shotgun with out a specific destination. Again, the length of time is not addressed.

As Always,

Peace Out

[tango-52]

I didn't want to get into this on this thread. Serious threadjacking. But, 12026.2 lists exceptions to 12025. 12026.1 also lists exceptions to 12025, and specifically relates to concealable firearms:

12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, 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.

Nowhere in this section is there a limitation on destination or purpose of carrying, other than for any lawful purpose. Section 12026.2 does not modify this section, only 12025. In addition, I had sent a separate question to the DOJ/BOF in this regard. Here is their response and my question:

Mr. Tango-52,

This is in response to your recent correspondence to the Bureau of Firearms, regarding the legality of leaving an unloaded firearm in a locked case in a vehicle for an extended period of time. Any concealable firearm transported in a motor vehicle in California must be unloaded (including the clip / magazine) in a fully enclosed, secure locked container, such as a locking gun case. Regardless of the precautions taken, you are liable if a prohibited person or minor gains control, however unintentional, of the firearm and uses it. Beyond this, the California Penal Code does not directly address your question.

I hope this information is helpful to you. If you have any further questions or need further assistance, please contact the Bureau of Firearms at (916) 263 - 4887, or via e-mail.

Sincerely,

Brent George
Staff Services Analyst
California Department of Justice
Bureau of Firearms
Training, Information, and Compliance Section

(916) 263 - 4868


>>> " 4/4/2008 7:19 AM >>>
Name: Tango-52
Phone Number:
Email:

Message: Hi, I was wondering if it is lawful for a California resident who lawfully owns a rifle or handgun to transport them in a locked container for an extended period of time.

That is, leaving the gun unloaded in a locked container or with a trigger lock in place for emergency situations. The ammunition will be in a separate container.

This is also assuming that they will not approach restricted areas with the gun in their vehicle.

Tango-52
County of San Diego

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication


DOJ/BOF loves to be intentionally obscure in the responses they give. However, it is clear from the warning about being liable if someone gets ahold of the firearm that they are acknowleging that I was asking about leaving an unattended firearm locked in the vehicle on a long term basis. Now, this doesn't mean that I am going to run around with a shotgun, pistol or Evil Black Rifle locked in the trunk all the time. But it is nice to know that I can do other things if I have weapons properly stored in my vehicle.

[swdr]

In addition to Tango-52's nice email from DOJ, you might consider the following and carefully taking note that the wording does not specify "directly" to or from:

CAL PC

12027. Section 12025 does not apply to, or affect, any of the following:

(f) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using pistols, revolvers, or other firearms capable of being concealed upon the person upon the target ranges, or transporting these firearms unloaded when going to and from the ranges.

(g) Licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.

And, you might consider this as well which wording also does not specify "directly" to or from:

Federal Law -- Transporting a Firearm.

18 USC 926A

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.