Posted: 9/13/2011 7:36:16 AM EDT
|
Good Morning Everyone,
I am possibly going to be purchasing a car from a resident of your state in the next week or so. So I am trying to find out your handgun laws. I am a MO resident with a MO ccw, but my understanding is your state is not recipricol to my permit. My plan is to fly from my state to an airport in yours, and then drive the car back to my state. It is a long drive with an overnight stay for me so I would like to be able to bring my handgun if possible (as all states on the way back will allow me to CCW, except california). So what are your handgun laws in reference to transporting, ammo constraints etc? I usually carry an XD45C with Speer Gold Dot HP, but didn't know if HP were allowed in the state. How does the gun have to be locked up (in the trunk? ammo seperate? ammo locked up seperate? slide locked back?, etc), any strange things I should know about picking my gun up when I get off the plane, etc? I know IL has had some dealings with finding out people are flying with a secured gun and then when they land arresting them for having a gun (police included). Thanks for any light you can provide. I guess if worst comes to worst I can leave my gun at home, just hate to do so for such a long trip out of town. |
|
1.) common handgun ammo generally not prohibited (as long as not AP or incendiary)
2.) handguns should be transported locked and unloaded. 3.) It is legal to have a handgun in a locked case with a loaded magazine next to it. (People v. Clark) Quite a few cops may not know this and this could lead to drama, however it's on the CHP info about gun transport etc. 4.) The trunk of a car can be considered a locked case - but watch out for flip-down 'easy access' rear seats in sedans like Taurus, Camrys, etc. Having a button on the dash that pops the lid may also be a bit nebulous, so even if in trunk the handgun should likely be in locked case. The locked case cannot be the 'utlility box' , 'glove box', etc. Truck 'saddle' cross-bed tool boxes are marked 'utility box' and there has been a CA NRA lawyer alert about not relying on such as locked containers either. 5.) There is nothing preventing an unloaded handgun in a locked case from being transported in the passenger compartment. If the case doesn't look like a handgun case, even better. Contrary to popular (mis)opinion, we are not as bad here on guns as IL or NY or MD. When you get off the plane and pick up your luggage, just make sure the gun case is locked. (You obviously should have a gun case besides your luggage.) Go about your day following the above rules and you'll be OK. Bill Wiese San Jose CA |
|
So you might ask, "How do I legally carry firearms in my car, truck or motor home?" First, under California law the firearm must be unloaded and the legal definition of a loaded firearm depends upon the circumstances. Under most circumstances, Penal Code §12025(g) applies and a firearm is considered loaded when there is a live round of ammunition " . . . in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm . . . " For example, a semi-automatic handgun with an empty firing chamber and a loaded magazine inserted in the magazine well is considered loaded.
Second, in addition to being unloaded, the Penal Code provides additional requirements for the legal transportation of handguns in motor vehicles. Handguns must either be kept in plain sight (1) locked in the vehicle's trunk, or in a locked container in the vehicle other than the utility or glove compartment. “Locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. Note: these additional requirements also apply to the transportation of registered "Assault Weapons". "Utility compartment" is not defined in the Penal Code; a handgun should not be transported in the center console (even if locked) or in the storage area present behind the rear seat in most "hatchback" type automobiles. Due to the uncertainty in current California law, I also advise people against the use of the various storage compartments found in today's popular sport utility vehicles. If you drive a pickup truck, should you put an unloaded handgun in a locked, cross-bed toolbox, bolted to the bed behind the cab? As you can see this is a "gray" area, so to be cautious, I advise against this. While most of us would consider a cross-bed toolbox to be the functional equivalent of a vehicle's trunk, remember the Penal Code does provide an exception for vehicle trunks, yet it specifically prohibits the use of, and does not define, a "utility" compartment. At this point many of you are probably thinking, "My vehicle doesn't have a trunk, so where do I put my unloaded handgun?" I advise that you use a locking hard case. Locking hard cases for handguns are available at reasonable cost and when used correctly, (i.e. when the handgun is unloaded and the case is locked) are the best method to ensure compliance with California law. Even if your vehicle does have a trunk, I still recommend the use of a locked hard case. When driving a motor home, it is treated as a motor vehicle and you must transport your firearms as I have outlined above. However, when you are camping in your motor home it may be treated as a residence. The Penal Code prohibition against carrying a loaded firearm provides an exception for a temporary residence or campsite. Unfortunately, the terms “temporary residence” or “campsite”, are not defined, so this is another "gray" area. If you have entered an established campground and hooked up, this should qualify as a temporary residence or campsite, however, if you have merely pulled into a highway rest stop to sleep for a few hours, this is not likely to qualify. If you are prosecuted for having a loaded firearm in your motor home, the issue of whether you were at a temporary residence or campsite would be a "question of fact" to be decided by a jury. One final word of caution regarding firearms in motor homes - public campgrounds may have additional legal restrictions applicable to firearms. The Penal Code does contain language providing exceptions to the prohibitions against the concealed carry of unloaded handguns for licensed hunters and fishermen, as well as certain target range shooters, while engaged in, or going to or from, such activities. However, I recommend that you not rely upon this language. The continued legal validity of these exceptions may be questionable, and even if ruled valid, it might be very difficult or impossible to prove in court, that you fell within the exception. The only departure I will make from this discussion of California law is to mention that if you meet certain requirements under Federal law, you may legally transport a firearm by motor vehicle during interstate travel despite state or local laws to the contrary (2). You may transport the firearm for any lawful purpose from a place where you may legally possess and carry it, to any other place where you may legally possess and carry it. In addition, the firearm must be unloaded and neither the firearm nor any ammunition can be readily or directly accessible from the passenger compartment. If the vehicle does not have a compartment separate from the passenger compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console. Most California arrests for carrying concealed handguns in motor vehicles have resulted only in the filing of misdemeanor charges. However, you can be charged with a felony if your vehicle contains an unlawfully concealed handgun that is not listed in your name in the AFS (the California Automated Firearms System database record created when you purchase a handgun and go through the 10 day waiting period) and there is ammunition for that handgun either in your "immediate possession" or "readily accessible" to you. |
|
Quoted:
1.) common handgun ammo generally not prohibited (as long as not AP or incendiary) 2.) handguns should be transported locked and unloaded. 3.) It is legal to have a handgun in a locked case with a loaded magazine next to it. (People v. Clark) Quite a few cops may not know this and this could lead to drama, however it's on the CHP info about gun transport etc. 4.) The trunk of a car can be considered a locked case - but watch out for flip-down 'easy access' rear seats in sedans like Taurus, Camrys, etc. Having a button on the dash that pops the lid may also be a bit nebulous, so even if in trunk the handgun should likely be in locked case. The locked case cannot be the 'utlility box' , 'glove box', etc. Truck 'saddle' cross-bed tool boxes are marked 'utility box' and there has been a CA NRA lawyer alert about not relying on such as locked containers either. 5.) There is nothing preventing an unloaded handgun in a locked case from being transported in the passenger compartment. If the case doesn't look like a handgun case, even better. Contrary to popular (mis)opinion, we are not as bad here on guns as IL or NY or MD. When you get off the plane and pick up your luggage, just make sure the gun case is locked. (You obviously should have a gun case besides your luggage.) Go about your day following the above rules and you'll be OK. Bill Wiese San Jose CA What he said. Also, you can not bring any 11+ round magazines into CA. So, just bring the standard capacity 10 round magazines for the XD45C. Do not bring the high capacity 13 round magazines for the XD45C. |