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Topic: Transporting Firearms Question  (Read 4976 times)

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ScottV

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There isn't a code in regards to it exactly. It only states that the ammo can not be in or attached to the firearm. Got plenty of friends that are officers that know the laws and they agree with me. Not many officers now the laws but my buddies that are officers are like me and learn as much as possible and try to stay on top of all current and new laws in regards to firearms.


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`·.¸¸.·´¯`·.. ><((((º>`·.¸¸.·´¯`·.¸><((((º>`·.¸¸.·´¯`·.. ><((((º>

---------------------------------------
Dark green OK Trident 13

2014 FreshKATS Clear Lake 6th place on the fly
2014 King of the Port 2nd place on the fly
2014 FAOTY Fly Angler of the Year
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G-Whiz

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Hard to belive that is Segal, he makes me look good!

Hahahaha... I didn't even recognize Segal in that picture.... that really looks like me now :smt010


Serious-side:

After doing more reading, based on the below, I can transport loaded magazines in the same locked container as the unloaded gun:



A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to,
the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to
the firearm. A muzzle-loading firearm is deemed loaded when it is capped or primed and has a
powder charge and ball or shot in the barrel or cylinder. (Penal Code § 12031(g).)

Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not carry or
transport a loaded firearm. The firearm should be unloaded and placed in the trunk of the vehicle,
or if the vehicle has no trunk, placed in a fully enclosed secure locked container other than the utility
or glove compartment of a motor vehicle (Penal Code §§ 12026.1, 12027.)

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Eric B

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Quote
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to,
the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to
the firearm.

So a loaded clip is not considered a loaded firearm, as I have been lead to believe?  I have been told a loaded clip is a no-no during transport.


Great Bass 2

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I hate to say it but desiring to be a law abiding citizen shouldn't be this hard. Sure, CCW policies vary between counties in NCAL but the the general regs with regard to transport shouldn't be controversial. From what I have read, transporting in a locked container un loaded is the law. Am I wrong?
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ScottV

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I hate to say it but desiring to be a law abiding citizen shouldn't be this hard. Sure, CCW policies vary between counties in NCAL but the the general regs with regard to transport shouldn't be controversial. From what I have read, transporting in a locked container un loaded is the law. Am I wrong?

Unloaded correct. But ammo can be sitting right next to it.


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---------------------------------------
Dark green OK Trident 13

2014 FreshKATS Clear Lake 6th place on the fly
2014 King of the Port 2nd place on the fly
2014 FAOTY Fly Angler of the Year
2015 FreshKATS Rollins Lake Round-Up 1st place on the fly!
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ScottV

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Quote
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to,
the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to
the firearm.

So a loaded clip is not considered a loaded firearm, as I have been lead to believe?  I have been told a loaded clip is a no-no during transport.

Please stop calling them clips. Clips are used in rifles like a M1 Garand. They hold the ammo by the end of the shell casing instead of being fully enclosed like a magazine which is what they want to ban. They don't even make high capacity clips that I know of.


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So long and thanks for all the fish!!!
`·.¸¸.·´¯`·.. ><((((º>`·.¸¸.·´¯`·.¸><((((º>`·.¸¸.·´¯`·.. ><((((º>

---------------------------------------
Dark green OK Trident 13

2014 FreshKATS Clear Lake 6th place on the fly
2014 King of the Port 2nd place on the fly
2014 FAOTY Fly Angler of the Year
2015 FreshKATS Rollins Lake Round-Up 1st place on the fly!
2015 FreshKATS Tournament of Champions 2nd place of the fly


alien

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I have to ask...am i braking the law if i have this gun case with a lock stored in my tool box in the back of my van?




ScottV

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As far as from what I have read, you firearm is in a locked container and their is no ammo in or attached to the firearm so technically you should be good to go.

Locked container and no ammo in or attached to the firearm is the main thing.  As long as you are doing that, you should be good to go. 

The main problem is most officers do not know the law exactly because they have to know so many laws.

Of course the firearm has to be a California legal firearm with a magazine that can hold no more than 10 rounds.  You can have a higher capacity magazine only if you owned that magazine prior to Jan. 1, 2000.

Here is the code for transporting:
(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 prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, 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.
So long and thanks for all the fish!!!
`·.¸¸.·´¯`·.. ><((((º>`·.¸¸.·´¯`·.¸><((((º>`·.¸¸.·´¯`·.. ><((((º>

---------------------------------------
Dark green OK Trident 13

2014 FreshKATS Clear Lake 6th place on the fly
2014 King of the Port 2nd place on the fly
2014 FAOTY Fly Angler of the Year
2015 FreshKATS Rollins Lake Round-Up 1st place on the fly!
2015 FreshKATS Tournament of Champions 2nd place of the fly


Eric B

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ScottV,

The reg specifically mentions the word "clip", and yes I'm curious if stripper clips, as well as magazines can be transported while loaded.  I have weapons that use both.


ScottV

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ScottV,

The reg specifically mentions the word "clip", and yes I'm curious if stripper clips, as well as magazines can be transported while loaded.  I have weapons that use both.

Yes they can be loaded, just not in the firearm or attached to the firearm in any way.  But they can be in the same locked container.

Do you have a Garand?  What do you have that uses clips.  A firearm that uses clips is about the only firearm I do not own.
So long and thanks for all the fish!!!
`·.¸¸.·´¯`·.. ><((((º>`·.¸¸.·´¯`·.¸><((((º>`·.¸¸.·´¯`·.. ><((((º>

---------------------------------------
Dark green OK Trident 13

2014 FreshKATS Clear Lake 6th place on the fly
2014 King of the Port 2nd place on the fly
2014 FAOTY Fly Angler of the Year
2015 FreshKATS Rollins Lake Round-Up 1st place on the fly!
2015 FreshKATS Tournament of Champions 2nd place of the fly


Eric B

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SKS's can be loaded using stripper clips, as well as Mosin Nagant 91/30's, I believe.


alien

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As far as from what I have read, you firearm is in a locked container and their is no ammo in or attached to the firearm so technically you should be good to go.

Locked container and no ammo in or attached to the firearm is the main thing.  As long as you are doing that, you should be good to go. 

The main problem is most officers do not know the law exactly because they have to know so many laws.

Of course the firearm has to be a California legal firearm with a magazine that can hold no more than 10 rounds.  You can have a higher capacity magazine only if you owned that magazine prior to Jan. 1, 2000.

Here is the code for transporting:
(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 prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, 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.
Thanks ScottV, It looks like I've been doing the right thing within the code specified.  :smt001


Baitman

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I hate to say it but desiring to be a law abiding citizen shouldn't be this hard. 

       Same goes for fishing regs.     :smt012     

  What good is a gun if you can't have it loaded.       The law abiding guys I'm not worried about,  it's those with criminal recotds that these rules should apply too.
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ScottV

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I hate to say it but desiring to be a law abiding citizen shouldn't be this hard. 

       Same goes for fishing regs.     :smt012     

  What good is a gun if you can't have it loaded.       The law abiding guys I'm not worried about,  it's those with criminal recotds that these rules should apply too.

Depending what county you are in, a concealed license is easy to get if you have a clean history.


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So long and thanks for all the fish!!!
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---------------------------------------
Dark green OK Trident 13

2014 FreshKATS Clear Lake 6th place on the fly
2014 King of the Port 2nd place on the fly
2014 FAOTY Fly Angler of the Year
2015 FreshKATS Rollins Lake Round-Up 1st place on the fly!
2015 FreshKATS Tournament of Champions 2nd place of the fly


Squidder K

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My SMLE, Enfield No 4 Mk1, Mosin Nagant, and SKS all use stripper clips.  They were very common for a lot of bolt action combat rifles back in the day.
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