Question from a friend

[Jonnyboy182]

Hello all, the other day I had a buddy go shooting with me. I met him at the range. After shooting we went outside to talk and I asked where his car was. He said he left it at home and rode his bike in. I asked him how he brought his gun and his response was
"I put a trigger lock on it, and put it in a hard shell locked case in my backpack."

It made sense at that moment why he asked me to bring the ammo.

I told him I was pretty sure it was illegal-and I would give him a ride home. After getting his bike in my truck we discussed the law as we drove home. I guess the question is really-was that illegal carry of a concealed weapon? He likened it to putting it in saddlebags on a motercycle-but I'm still iffy on this.

[THE Gimper]

Originally Posted by Jonnyboy182

Hello all, the other day I had a buddy go shooting with me. I met him at the range. After shooting we went outside to talk and I asked where his car was. He said he left it at home and rode his bike in. I asked him how he brought his gun and his response was
"I put a trigger lock on it, and put it in a hard shell locked case in my backpack."

It made sense at that moment why he asked me to bring the ammo.

I told him I was pretty sure it was illegal-and I would give him a ride home. After getting his bike in my truck we discussed the law as we drove home. I guess the question is really-was that illegal carry of a concealed weapon? He likened it to putting it in saddlebags on a motercycle-but I'm still iffy on this.

He was legal.

[4literranger485]

seperate locked container. good to go

[rudigan]

put it in a hard shell locked case in my backpack

As long as it was unloaded, and locked in the case, I think he is fine.

[Keith92555]

Your friend was GTG. He actually went two steps further and double locked that puppy and didn't have any ammo with him. I do something similar with my guns when I do some range time: cable locks through the mag well, locked range bag, locked under tonneau cover. Pays to travel safely.

[Scary]

I was raised in Santee CA. I used to ride my Honda Elisnore motorcycle to Hester's Granite Pit (now Project 2000) to shoot. I'd strap my 1911 on my waist, unloaded in a Bianchi Shadow pancake holster, ammo in my backback and go. Normally I'd get stopped at least once by the S.O. or ElCajon PD depending on my route, but when they saw it was unloaded and I was either going to or coming from Hester's, I was on my way. Come to think of it, nobody tailgated or cut me off on those days either.

How sad it is we have to treat our guns like they are radioactive waste. Next thing is DOT placarding warning that we have oxidizing, class B explosives, poison heavy metals (lead) and we'll all have to carry M.S.D.S. (material safety data sheet) California Sucks!

[kingsransomracing]

I talked to a sheriff friend of mine from LA county a while back about "loopholes" in the penal code we have fun doing this..and this had come up.

Summaries
PC12025 is all about what you can / can't do with concealed carry.

PC12026 is the additions to 12025.

12026.1 talks about the concealed carry in a motor vehicle. In summary, a gun has to be locked in a container with the ammunition "not attached" to the gun. i.e. A loaded magazine can be in the same case as the gun and locked as long as the magazine is not "in" the gun.

12026.2 are exemptions to 12025

Details
12026.2
(a) Section 12025 does not apply to, or affect, any of the
following:

9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.

Situations
So if you are in a motor vehicle (including motorcycles) you would be legal to carry concealed going directly to and directly from a target range, EXCEPT that 12026.1 makes it illegal to carry concealed in a motor vehicle.


If he rode a bicycle (pedal) to / from a range, 12026.1 does not apply (since he isn't in a motor vehicle) and therefore under 12026.2 (a)(9) he is exempt from PC12025 and can legally carry concealed without a lock at all on that specific gun.


Now...that being said. I am just showing what the penal code says. This would more than likely end up being a "case law" if pulled over by law enforcement. so I would keep it locked in a backpack with the ammunition in a separate pocket of the backpark.

[THE Gimper]

Originally Posted by kingsransomracing

I talked to a sheriff friend of mine from LA county a while back about "loopholes" in the penal code we have fun doing this..and this had come up.

Summaries
PC12025 is all about what you can / can't do with concealed carry.

PC12026 is the additions to 12025.

12026.1 talks about the concealed carry in a motor vehicle. In summary, a gun has to be locked in a container with the ammunition "not attached" to the gun. i.e. A loaded magazine can be in the same case as the gun and locked as long as the magazine is not "in" the gun.

12026.2 are exemptions to 12025

Details
12026.2
(a) Section 12025 does not apply to, or affect, any of the
following:

9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.

Situations
So if you are in a motor vehicle (including motorcycles) you would be legal to carry concealed going directly to and directly from a target range, EXCEPT that 12026.1 makes it illegal to carry concealed in a motor vehicle.


If he rode a bicycle (pedal) to / from a range, 12026.1 does not apply (since he isn't in a motor vehicle) and therefore under 12026.2 (a)(9) he is exempt from PC12025 and can legally carry concealed without a lock at all on that specific gun.

Now...that being said. I am just showing what the penal code says. This would more than likely end up being a "case law" if pulled over by law enforcement. so I would keep it locked in a backpack with the ammunition in a separate pocket of the backpark.

Wrong. If you're going to quote sections of the Penal Code, you'd better make sure to quote all relevant sections.

12026.2(b) states:

In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.

See, How to Own a Gun & Stay Out of Jail p. 53

[mark]

if the op's friend get his

ccw permit, then he really

is GTG encouragement

please

[Tom98915]

Originally Posted by mark

if the op's friend get his

ccw permit, then he really

is GTG encouragement

please

+1 steer him into the idea of applying for his permit

[kingsransomracing]

Originally Posted by THE Gimper

Wrong. If you're going to quote sections of the Penal Code, you'd better make sure to quote all relevant sections.

12026.2(b) states:

In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.

See, How to Own a Gun & Stay Out of Jail p. 53

Oops...I guess we both missed that one.

[Aurelius]

A friend of mine, an old good ole boy raised on a farm, has a bumper sticker on the back of his truck : "My guns are always loaded." Talk about spit in your eye! [As far as I know, he has had no run ins with the local LEOs.]