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Posted: 6/12/2009 6:36:29 PM EDT
I like to carry something more than a sidearm when travelling.  Most of my rifles are evil so they gotta stay home.  I'm wondering about my shotguns tho.  Can my 870 ride unloaded in the trunk?  One of mine has a 7 shot capacity, is that a problem in CA?   I'll be staying just outside LA at my dad's place for a couple days before rolling off to Vegas.  I want to stay legal.   Does the ammo need to be locked in a seperate can or can it ride on the sidesaddle if the shotty is empty?

I will have my .45 on my side via HR218 but the trunk needs a bit more oomph.
Link Posted: 6/12/2009 8:49:00 PM EDT
[#1]
For non-LEOs, firearms have to be transported unloaded. Ammo cannot be attached to the firearm in any way. This means no shells in a shotgun sidesaddle or speed feed stock.

Hopefully, any California LEO you encounter knows what HR218 is about and doesn't jerk you around. Good luck.
Link Posted: 6/13/2009 6:41:23 AM EDT
[#2]
Fortunately for you, many of us LEOs do know the law.

From the CA DOJ website (http://caag.state.ca.us/firearms/travel.php) on transporting long guns:

SHOTGUNS AND RIFLES

Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.


The controlling case law on what "loaded" means:

In "People v. Clark" (1996), the California Court of Appeal clarified that in order to be "loaded" a firearm must have ammunition "placed into a position from which it can be fired." It even went so far as to point out as an example of what is not loaded to include shells attached to a shotgun inside a buttstock shell carrier. ** There is a common misconception that merely possessing both a firearm and ammunition in close proximity legally equates to loaded.


ETA:  If you are going to Vegas, most of the casinos are very sensitive about CCW, HR218 notwithstanding.  Check with their security folks before you carry.
Link Posted: 6/13/2009 7:10:10 AM EDT
[#3]
Link Posted: 6/14/2009 11:10:29 PM EDT
[#4]
Quoted:
For non-LEOs, firearms have to be transported unloaded. Ammo cannot be attached to the firearm in any way. This means no shells in a shotgun sidesaddle or speed feed stock.

Hopefully, any California LEO you encounter knows what HR218 is about and doesn't jerk you around. Good luck.


As Swatter pointed out, you're wrong. The ammo can ride in a side saddle of Speedfeed stock.
Link Posted: 6/15/2009 6:55:39 AM EDT
[#5]
Quoted:
Quoted:
For non-LEOs, firearms have to be transported unloaded. Ammo cannot be attached to the firearm in any way. This means no shells in a shotgun sidesaddle or speed feed stock.

Hopefully, any California LEO you encounter knows what HR218 is about and doesn't jerk you around. Good luck.


As Swatter pointed out, you're wrong. The ammo can ride in a side saddle of Speedfeed stock.

Good to know...I stand corrected.
Link Posted: 6/15/2009 9:35:14 AM EDT
[#6]
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