Monday, April 4, 2016

Myth 3: Transporting Firearms in CA

Disclaimer: you are responsible for knowing the law & abiding by it. The following represents my own thoughts, interpretation, and reflection of the law along with the summarization of my own research. This is not legal guidance, but rather intended to help you navigate toward the truth. It's up to you to know & abide by the law.

Myth Number 3: your firearm and your ammunition must both be locked in separate containers when transporting them.

Variation 1: you have to keep your ammunition and your firearm in separate parts of your car when transporting them. They can't both be in the trunk at the same time.

Variation 2: you can't carry loaded magazines

Variation 3: you must keep a cable lock on your firearm when transporting it.

Any way you look at it, these are more myths circulating the gun owners in California. I'm actually not sure where these come from, but I've heard them all. In fact, when I purchased my first firearm, the dealer told me I was required by law to lock it with the provided cable lock whenever I transported it - including from the store when I picked it up. They even damaged the pre-cut foam in my factory carrying case when they forced me to leave the slide open with the cable lock attached, with the firearm back in the case. I rightfully assumed this was the law (since that's what they told me), and was shocked when another gun store, allowed me to leave the store without installing the lock, and again when one of my standard ranges told me I didn't need to lock both the firearm and my range bag. That led me to research more on the subject.

I've actually been in debates with fellow gun owners about the ammunition transportation question. I had one friend tell me, "it's because they don't want you to be able to quickly load your firearm while you are driving around," when trying to justify his understanding that the law required separation from ammo & firearm in different containers. Well, driving a truck that has no trunk, made me worried that if this was the case, then I effectively couldn't transport my firearms & ammunition at the same time.

As I've mentioned in other posts. Don't just believe what you've heard from other people, including (sadly) those who sell you the firearm. Do your research. Read the laws. It's your responsibility.

Cutting to the chase, all of these are myths. Let's take a look at the law. Here's the California Department of Justice's website & entry regarding transportation: https://oag.ca.gov/firearms/travel

Here's what DOJ says regarding transporting firearms, and specifically pistols:

"Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle’s trunk or in a locked container. Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container.
Pursuant to California Penal Code section 16850, the term "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment."
A couple of key points. First, the handgun must be unloaded and locked in a locked container. Unloaded means no round in the chamber, and no loaded magazine inserted into the frame or related receiving compartment. In other words, no ammunition inside any part of the pistol. The container apparently can be a trunk, but is otherwise undefined (except that the glove compartment is an example of what a locked container is not). This can be a portable safe, a range bag, a carry case, a briefcase, a backpack...whatever, so long as it is locked. You'll also notice, the law does not specify the lock beyond some generic types including a "padlock, key lock, combination lock, or similar locking device."

So it's up to you.

Notice also that ammunition isn't even mentioned aside from the provision that the firearm must be unloaded. It doesn't say "unloaded in a locked container, separate from any ammunition or loaded magazines."

Searching for transporting loaded magazines comes back with nothing noteworthy from a legal perspective, which is by itself noteworthy.

So, based on my analysis, I believe it is perfectly legal to say...

Transport an unloaded pistol in a range bag where the bag is locked closed and where the bad pockets contain loaded magazines. That's just my interpretation.

Read the law. Know it. Obey it.

1 comment:

  1. I use the cable to secure this to my passenger seat and it works well like this. I do wish the cable was retained by the safe body rather than held in place by the closed lid. It makes discreet access harder as you have to hold the cable in place while closing the lid and working the key.
    Read more here: https://gunsafeable.com/best-car-gun-safe-reviews/

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