CA: legal to drive with shotgun in jeep?
01-09-2012, 01:03 PM
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CA: legal to drive with shotgun in jeep?
when i go camping with my kids I always bring my 870... is it legal to drive into Cali with loaded shotgun that is in a rifle case?
tia
tia
01-09-2012, 01:12 PM
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I'm pretty sure it's illegal to carry ANY loaded firearm in a vehicle.....unless you have an carry permit for a hand gun. I say pretty sure, because I haven't kept up with the regs in CA. for years. But I imagine the rules are even stiffer now. Back when I was there it was illegal to carry a loaded shotgun in a vehicle. I'm sure somebody from CA. will comment soon tho.
01-09-2012, 01:21 PM
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thx for the replies... here is a post i found on a gun forum from 2008:
Sorry blarg and duckmart....but California Penal Code Section 12026.1 a PC requires a handgun transported in a vehicle to be locked in a locked box or in the trunk :
"12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state.... from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment."
Any rifle or shotgun, as long as it is unloaded, can be transported or possessed as long as it is in plain sight and unloaded...in California. Handguns must be transported, in a vehicle, in a locked box that fully encloses the firearm, or locked in the trunk, a locked glove box is not legal.
There is no specific law requiring the ammo and gun must be transported seperately, other than, the ammo cannot be attached to the gun (rifle, pistol, handgun) in any manner. Attached would be a loaded mag inserted into a gun...for example or a loaded mag taped to the gun.
It is also legal in california to have a holstered handgun on your belt (outside of a vehicle) as long as it is in plain view and unloaded. You could also have a loaded mag in your pocket.
If you had a shotgun or rifle in plain view in the passenger compartment of your car and had shotshells in a carrier mounted to the stock or frame of the shotgun, you would be in violation of a misdemeanor, carrying a loaded gun in public. Same would go for a rifle in a window rack that had rounds on a stock carrier or in ammo loops in the sling. Same if you wee walking down the street with these guns in the same condition. However, walk down the street with an unloaded rifle and a pocket full of ammo you are legal.
Now, if you have the UNLOADED shotgun or rifle in plain view inside the passenger compartment of a vehicle and the ammo for it in your pocket, or on the same seat as the gun...you are legal.
These are how the laws read in California. Now, I don't reccommend you do any of the above, but they are perfectly legal. You may make people and law officers nervous. If you do the above, you will likely be removed from your vehicle at gunpoint and handcuffed until the situation is investigated. Not fun...expect a delay. Officers also have the right to inspect your guns possessed in public or in a vehicle to confirm they are unloaded.
See CA Penal Code Section 12025 PC, below:
12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.......
(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
A few interesting sections for shooters, hunters, outdoorsman:12026.2. (a) Section 12025 (Carrying a conceled weapon) does not apply to, or affect, any of the
following:.....
(3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.
5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm.
(6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully received that firearm to that person's place of residence or place of business or to private property owned or lawfully possessed by that person.
(7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
(9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.
(11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite.
What those last few sections mean is that if you are doing one of those enumerated functions you are exempt from the locked box requirement for your handgun that IS being used for those enumerated functions, i.e. going to or from Hunter Safety or Firearme safety class, sporting firearms event, sale loan, public gun show, or transfer of the gun, licensed gun range for practice, or camping in a lawful campsite.
I seem to always have targets, ammo, earplugs, sleeping bag, tent in my car in my vehicle...I am always going to or from the range.....or to or from a camping activity...huh...
Lastly, firearms are considered loaded in California when:
12031 PC
(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, 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; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
Read more: http://www.shotgunworld.com/bbs/view...#ixzz1j0CZD9am
Sorry blarg and duckmart....but California Penal Code Section 12026.1 a PC requires a handgun transported in a vehicle to be locked in a locked box or in the trunk :
"12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state.... from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment."
Any rifle or shotgun, as long as it is unloaded, can be transported or possessed as long as it is in plain sight and unloaded...in California. Handguns must be transported, in a vehicle, in a locked box that fully encloses the firearm, or locked in the trunk, a locked glove box is not legal.
There is no specific law requiring the ammo and gun must be transported seperately, other than, the ammo cannot be attached to the gun (rifle, pistol, handgun) in any manner. Attached would be a loaded mag inserted into a gun...for example or a loaded mag taped to the gun.
It is also legal in california to have a holstered handgun on your belt (outside of a vehicle) as long as it is in plain view and unloaded. You could also have a loaded mag in your pocket.
If you had a shotgun or rifle in plain view in the passenger compartment of your car and had shotshells in a carrier mounted to the stock or frame of the shotgun, you would be in violation of a misdemeanor, carrying a loaded gun in public. Same would go for a rifle in a window rack that had rounds on a stock carrier or in ammo loops in the sling. Same if you wee walking down the street with these guns in the same condition. However, walk down the street with an unloaded rifle and a pocket full of ammo you are legal.
Now, if you have the UNLOADED shotgun or rifle in plain view inside the passenger compartment of a vehicle and the ammo for it in your pocket, or on the same seat as the gun...you are legal.
These are how the laws read in California. Now, I don't reccommend you do any of the above, but they are perfectly legal. You may make people and law officers nervous. If you do the above, you will likely be removed from your vehicle at gunpoint and handcuffed until the situation is investigated. Not fun...expect a delay. Officers also have the right to inspect your guns possessed in public or in a vehicle to confirm they are unloaded.
See CA Penal Code Section 12025 PC, below:
12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.......
(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
A few interesting sections for shooters, hunters, outdoorsman:12026.2. (a) Section 12025 (Carrying a conceled weapon) does not apply to, or affect, any of the
following:.....
(3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.
5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm.
(6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully received that firearm to that person's place of residence or place of business or to private property owned or lawfully possessed by that person.
(7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
(9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.
(11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite.
What those last few sections mean is that if you are doing one of those enumerated functions you are exempt from the locked box requirement for your handgun that IS being used for those enumerated functions, i.e. going to or from Hunter Safety or Firearme safety class, sporting firearms event, sale loan, public gun show, or transfer of the gun, licensed gun range for practice, or camping in a lawful campsite.
I seem to always have targets, ammo, earplugs, sleeping bag, tent in my car in my vehicle...I am always going to or from the range.....or to or from a camping activity...huh...
Lastly, firearms are considered loaded in California when:
12031 PC
(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, 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; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
Read more: http://www.shotgunworld.com/bbs/view...#ixzz1j0CZD9am
01-09-2012, 01:26 PM
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Seems like aslong as I carry it unloaded I should be ok.
still confused on wether it can be put in a rifle box or not (concealed), getting conflicting info on that....
still confused on wether it can be put in a rifle box or not (concealed), getting conflicting info on that....
01-09-2012, 01:32 PM
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Whenever we would go bird hunting or clay pigeon shooting we always carried our shotguns in their cases but out in the open. Just because a shotgun is in a gun case, doesn't mean it's hidden or concealed.
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01-10-2012, 07:29 AM
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I think concealed is hidden on your self or in hidden in the jeep like "under the seat". I was told by a local gun store that your supost to have it locked in a case for transport only? When I go to the range.....I just have them in open sight unlocked in a case. I've never been pulled over with them. But if I did I'd let the officer know so there is no suprise. Always make sure they are unloaded, I also keep the ammo seperate from the firearm too.
01-10-2012, 07:51 AM
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can't go wrong with that