Myth 4: You Can Only Transport To & From the Range

Disclaimer: I am not a legal expert. I'm a law abiding citizen who seeks to understand the law and obey it. What follows are my thoughts based on my personal research & understanding of the law. You are responsible for your own actions. Know the law and obey it.

Myth 4: "You can only transport your firearms to and from the range."

Another myth I've heard a lot, and this one I understand. With all the news we hear about firearms being banned here and there, and the unconstitutional practices in CA of neither allowing open nor concealed carry outside of the home (in the major population areas), it makes sense that we're confused. Some people think that if you can't carry (open or concealed) in public, then you probably can't carry anywhere.

As of 2012, with the introduction of Penal Code 26350, open carry in CA became illegal. Concealed carry has already been illegal unless the carrier has a CCW. However, many urban and major population areas in California, namely San Diego County, have unconstitutionally stopped issuing CCWs, thus effectively banning carry in public altogether.

For more information on carry laws, see here: http://www.shouselaw.com/open-carry.html

Here's the full law, specifically regarding open carry of unloaded firearms. The loaded firearm law is similar, but penalties are stronger:

"26350. (a) (1) A person is guilty of openly carrying an unloaded

handgun when that person carries upon his or her person an exposed
and unloaded handgun outside a vehicle while in or on any of the
following:
   (A) A public place or public street in an incorporated city or
city and county.
   (B) A public street in a prohibited area of an unincorporated area
of a county or city and county.
   (C) A public place in a prohibited area of a county or city and
county.
   (2) A person is guilty of openly carrying an unloaded handgun when
that person carries an exposed and unloaded handgun inside or on a
vehicle, whether or not on his or her person, while in or on any of
the following:
   (A) A public place or public street in an incorporated city or
city and county.
   (B) A public street in a prohibited area of an unincorporated area
of a county or city and county.
   (C) A public place in a prohibited area of a county or city and
county.
   (b) (1) Except as specified in paragraph (2), a violation of this
section is a misdemeanor.
   (2) A violation of subparagraph (A) of paragraph (1) of
subdivision (a) is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment, if both of the
following conditions exist:
   (A) The handgun and unexpended ammunition capable of being
discharged from that handgun are in the immediate possession of that
person.
   (B) The person is not in lawful possession of that handgun.
   (c) (1) Nothing in this section shall preclude prosecution under
Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a penalty
greater than is set forth in this section.
   (2) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
   (d) Notwithstanding the fact that the term "an unloaded handgun"
is used in this section, each handgun shall constitute a distinct and
separate offense under this section."

Truth is, you can transport firearms from your private property to any place where it is legal to posses a firearm. The law cited above specifically defines banned carry in "public" places. The scope of this law does not include private property. Once you are on private property, it's up to the owner to define carry policies. Since open and concealed carry are banned in public, I cannot transport a firearm to the mall and carry it inside, unless of course the private business allows it (i.e. gun smith inside etc.). Check with the property owner first.

Think about it. If it's legal to open carry at your house, then it's legal at your neighbor's house (with their permission). Same is true of private property such as businesses. That's what gun stores and ranges allow you to walk around with unloaded firearms - because it's legal - not because the law exempts those places, but because they are private property and private property isn't within the scope of the carry law.

Here's a basic example. Let's say I want to carry a pistol over to my friend's house who lives 10 miles away. I retrieve the firearm from it's safe and legal place, verify it is unloaded and safe, pack it up in a locked container, unloaded, as required by law. I drive to my friend's house. Now it's up to him. If he's cool with it, I can open carry all I want...until it's time to go home, then I reverse the process.

Here's how the CA DOJ summarizes the law:

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.

So there you have it. You can transport to any place for lawful purposes, as longs as you transport it according to the law governing transportation of firearms. Lawful purposes are many including ownership and possession on private property. Somewhat of a side note, but these carry laws do not restrict carry methods on your own property.

That's my understanding - do your own due diligence and learn the law before you act.