Seizure of firearms during a declared statewide emergency

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[ARCHIVED THREAD] - Seizure of firearms during a declared statewide emergency

Posted: 3/16/2020 12:42:17 PM EDT

I had forgotten about this provision in the California Government Code in the chapter that deals with emergency powers of the governor. It was enacted during the stink that arose from arbitrary seizures of firearms and ammunition by the New Orleans PD after Hurricane Katrina. It's one of the few positive things that have happened to California gun owners in the last 20+ years. Read and remember:

8571.5.

Nothing in this article shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.

(Added by Stats. 2007, Ch. 715, Sec. 1. Effective January 1, 2008.)

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Posted: 3/16/2020 6:40:41 PM EDT

[#1]

Good post but let’s not forget that the people who make the laws don’t fallow the laws and citizens in ca are subject to their interpretation.

Posted: 3/16/2020 8:26:14 PM EDT

[#2]

Quoted:
I had forgotten about this provision in the California Government Code in the chapter that deals with emergency powers of the governor. It was enacted during the stink that arose from arbitrary seizures of firearms and ammunition by the New Orleans PD after Hurricane Katrina. It's one of the few positive things that have happened to California gun owners in the last 20+ years. Read and remember:

8571.5.

Nothing in this article shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.

(Added by Stats. 2007, Ch. 715, Sec. 1. Effective January 1, 2008.)

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Thank you.
I have been trying to find the verbiage of that for a while now.

Posted: 3/16/2020 10:19:37 PM EDT

[#3]

Excellent post, OP. Thanks for that.

Posted: 3/16/2020 10:33:40 PM EDT

[#4]

Guys whats the rule on handguns in Ca?
One of my boys is headed to LA to pick up his sister and bring her back to New Mexico. What is safe to carry?

Posted: 3/16/2020 11:56:07 PM EDT

[#5]

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Quoted:
Guys whats the rule on handguns in Ca?
One of my boys is headed to LA to pick up his sister and bring her back to New Mexico. What is safe to carry?

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Legally safe to actually carry? A percussion or other such firearm (like a flintlock) that is either primed but not loaded, or loaded but not primed. Loaded open carry of firearms is generally only permitted on certain private property and residences (including campsites and such) or unincorporated areas where discharge is not unlawful, unless you have a CA CCW or OCW permit, which you cannot get as a non-resident.

If you mean transport in a vehicle (in a locked container, unloaded), then pretty much any handgun that's not an assault weapon (threaded barrels, magazine wells outside of the grips, etc.). Don't bring in hi-cap mags.

Posted: 3/17/2020 7:15:45 AM EDT

[#6]

Quote History

Quoted:
Legally safe to actually carry? A percussion or other such firearm (like a flintlock) that is either primed but not loaded, or loaded but not primed. Loaded open carry of firearms is generally only permitted on certain private property and residences (including campsites and such) or unincorporated areas where discharge is not unlawful, unless you have a CA CCW or OCW permit, which you cannot get as a non-resident.

If you mean transport in a vehicle (in a locked container, unloaded), then pretty much any handgun that's not an assault weapon (threaded barrels, magazine wells outside of the grips, etc.). Don't bring in hi-cap mags.

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Quoted:

Quoted:
Guys whats the rule on handguns in Ca?
One of my boys is headed to LA to pick up his sister and bring her back to New Mexico. What is safe to carry?

Legally safe to actually carry? A percussion or other such firearm (like a flintlock) that is either primed but not loaded, or loaded but not primed. Loaded open carry of firearms is generally only permitted on certain private property and residences (including campsites and such) or unincorporated areas where discharge is not unlawful, unless you have a CA CCW or OCW permit, which you cannot get as a non-resident.

If you mean transport in a vehicle (in a locked container, unloaded), then pretty much any handgun that's not an assault weapon (threaded barrels, magazine wells outside of the grips, etc.). Don't bring in hi-cap mags.

So it has to be in a locked container unloaded and less than 10 round capacity when loaded?
Does it have to be in the trunk welded shut also?

Posted: 3/17/2020 10:03:33 AM EDT

[#7]

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Quoted:
Does it have to be in the trunk welded shut also?

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Yes, with the prescribed welding method to at least the minimum depth, done by a State-certified welder and only with a State Certificate of Inspection & Approval.

Posted: 3/17/2020 4:23:39 PM EDT

[#8]

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Quoted:

So it has to be in a locked container unloaded and less than 10 round capacity when loaded?
Does it have to be in the trunk welded shut also?

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Mags have to be 10 round. They don't care what amount you're actually putting in the mag. Loaded mags are fine. Locked container could be a cloth bag with a lock on the zipper and an unloaded gun right next to you and loaded mags on your person if you wanted to do it that way.

Posted: 3/18/2020 12:21:05 AM EDT

[#9]

Quote History

Quoted:

So it has to be in a locked container unloaded and less than 10 round capacity when loaded?
Does it have to be in the trunk welded shut also?

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I have these in my SUV’s for times I need to secure guns. They also double as lock boxes for flying with weapons in checked baggage. The cable gets locked around the metal luggage frame. Of course they can be defeated, but they do meet the requirements and will slow a thief down, if they find it.

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Posted: 3/18/2020 5:38:49 AM EDT

[#10]

Found out I have serious lack of disposable neutered guns.
Boy is 29 and asking me if he can take a colt....
Sad look on his face when I handed him a glock bayonet and said good luck.
I'm worried about road blocks and confiscations.

Wife not happy

Posted: 3/18/2020 4:06:13 PM EDT

[#11]

Quote History

Quoted:
Found out I have serious lack of disposable neutered guns.
Boy is 29 and asking me if he can take a colt....
Sad look on his face when I handed him a glock bayonet and said good luck.
I'm worried about road blocks and confiscations.

Wife not happy

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The only time my car was ever searched in CA was twice on border patrol checkpoints, and they didn't care about the gun cases. This was very near the border, at a high activity area for various border type stuff, so it is unlikely he would have to deal with this.

Posted: 3/18/2020 4:39:17 PM EDT

[#12]

Quote History

Quoted:

The only time my car was ever searched in CA was twice on border patrol checkpoints, and they didn't care about the gun cases. This was very near the border, at a high activity area for various border type stuff, so it is unlikely he would have to deal with this.

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Where national emergencies declared at the time?

Posted: 3/18/2020 4:52:44 PM EDT

[#13]

We aren't having any problems. We hope we don't. Nothing has changed yet. In any case, if he does get out here, he needs to behave. Keep it locked in accordance with what has been posted above. Stay out of the bad parts of town. The police are probably going to be more than happy to keep him moving if he somehow comes to their attention.

If he's here and things change, he'll find out at the same time as we do.