Posted: 12/29/2008 9:52:23 AM EDT
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I live in Utah, I will be driving down to San Diego California to visit some family.
I carry a M&P and im pretty sure i understand what i need to do before i travel across the CA state line. Basically unload and lock the gun in a case, then place the case in the trunk, right? The question I have is, will I get in trub if I get pulled over and even though im following the CA rules, I have a !!!!!! 17 round mag !!!!!!? I mean,, should i only use a 10 round mag if im going in? Any input would be great thanks. |
| What part of Utah? As a retired LEO from San Diego, I can tell you that you will be in violation of the law if you bring a magazine that holds more than 10 rounds into the State. It sucks, but no sense in ruining your vacation. Just bring twice as many 10 rounders. I'll be going down there in a couple of weeks to visit family. Take care, Dave |
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you have to unload it and keep it locked in a case, but it can be anywhere in the car, it doesn't have to be kept in the trunk. here's the CA DOJ link:
http://www.caag.state.ca.us/firearms/travel.php as my link says, for the purposes of the law, a locked trunk counts as a locked case, but a locked glove compartment does NOT. now, i'm not sure if things have changed, but it used to be that the gun was still considered "loaded" if the ammo was in the same locked container as the gun. of course the page i linked does not elaborate, but if i were you i'd be safe and make sure the ammo is not in the same container as the gun. |
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Regardless of what California thinks it can make laws about I believe that you would be covered under the FOPA federal law. from what I interpret from the law is that that would cover stupid mag cap bans also.
LAW: {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. I guess that depends on how long you want to stay in a communist state though. 
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Remember that if you should get pulled over for some reason, justified or not, the cop has much better things to do than search your vehicle. Just smile and take the ticket.
Officer: "Are you carrying any firearms?" You: "No." Without probable cause, all he can do is write you a ticket and tell you to move along. He doesn't care what you have in the trunk until you start acting funny. He's opened enough trunks and seen rotten ham sammiches and stanky underpants in them. He doesn't want to know what's in there unless you give him a reason. Add to this one of the primary cop concerns on the road: boredom. Once he figures out that you're not going to attack him, the incident is boring. As long as you're boring, he'll want to be done with you as fast as he can. |
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Do not bring 11+ round magazines with you when you come to CA.
To do so would be importing large capacity magazines, which is a felony. US Code Title 18 Part 1 Chapter 44 Section 926A does not apply. Because, he may be legal at the start of his travel, but he will not be legal at the end of his travel. If he was traveling through CA without any stops, then he would be legal. But, since his destination is CA, importing the large capacity magazines will not be legal. When traveling in CA... California Highway Patrol FAQ I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state? California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well. If you have additional questions, contact the California Department of Justice at 916-227-3703. |
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Quoted:
Remember that if you should get pulled over for some reason, justified or not, the cop has much better things to do than search your vehicle. Just smile and take the ticket. Officer: "Are you carrying any firearms?" You: "No." Without probable cause, all he can do is write you a ticket and tell you to move along. He doesn't care what you have in the trunk until you start acting funny. He's opened enough trunks and seen rotten ham sammiches and stanky underpants in them. He doesn't want to know what's in there unless you give him a reason. Add to this one of the primary cop concerns on the road: boredom. Once he figures out that you're not going to attack him, the incident is boring. As long as you're boring, he'll want to be done with you as fast as he can. In CA, you do not have to notify a LEO that you have a firearm. So, do not volunteer that information. CA law [PC 12031(e)] allows a LEO to search for a firearm to determine if it's loaded. Refusal to do so is cause for arrest. CA Penal Code 12031 (e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section. |
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Quoted:
Quoted:
Remember that if you should get pulled over for some reason, justified or not, the cop has much better things to do than search your vehicle. Just smile and take the ticket. Officer: "Are you carrying any firearms?" You: "No." Without probable cause, all he can do is write you a ticket and tell you to move along. He doesn't care what you have in the trunk until you start acting funny. He's opened enough trunks and seen rotten ham sammiches and stanky underpants in them. He doesn't want to know what's in there unless you give him a reason. Add to this one of the primary cop concerns on the road: boredom. Once he figures out that you're not going to attack him, the incident is boring. As long as you're boring, he'll want to be done with you as fast as he can. In CA, you do not have to notify a LEO that you have a firearm. So, do not volunteer that information. CA law [PC 12031(e)] allows a LEO to search for a firearm to determine if it's loaded. Refusal to do so is cause for arrest. CA Penal Code 12031 (e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section. You don't have to tell the officer that you have a gun secured in the trunk in most states, and you shouldn't tell him about it in all 50 of them. Police in some of the blue states have developed the habit of asking if there are any guns in the car. This is the one time I advocate lying to the cops. You're not robbing banks and you're not going to hurt the officer, so it's none of his business. |
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Also a mag full of ammo could constitute a loaded firearm, whether it's actually inserted into the pistol or not. I hate to tempt fate. Not in California. In order for a weapon to be considered loaded, ammunition had to be "attached" to the weapon in some fashion, (such as in the cylinder of a revolver or with a magazine in the mag well and/or a loaded chamber). An open cylinder with a full speedloader inserted is considered a loaded weapon even though the cylinder is not closed. A magazine partially inserted with no round in chamber is also considered loaded. Just don't have the ammunition touching the unloaded firearm in any manner and you will be OK. I would agree, that it is not a good idea to tempt fate. Better safe than sorry.. 
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