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-   -   Gun rack in pickup (http://www.calguns.net/calgunforum/showthread.php?t=689990)

Andrew92 01-27-2013 8:02 PM

Gun rack in pickup
 
I was wondering what the laws were for carrying an unloaded shotgun in a gun rack in the back window.

WDE91 01-27-2013 8:23 PM

Dude thats going to bring a lot of negative attention
I suggest refrain from doing this

223556 01-27-2013 9:15 PM

Those days are long gone...wouldnt even dream it in CA

Andrew92 01-27-2013 9:47 PM

Is it illegal though? I'm asking if anything to do with the long gun open carry law That changed at the beginning of this year effects it at all. And in terms of school zones, does a locking gun rack comply?

Ron-Solo 01-27-2013 10:10 PM

I have not read the entire text of the long gun on carry restrictions, but by the synopsis that I have read, it would be illegal because the rack doesn't qualify as a container or case.

Aside from the legal issues, it is just not a smart thing to do. Good guys, bad guys, and everyone in between knows you have a gun. Are you planning on keeping your truck in sight every second? You are inviting theft, and every cop that sees it now has the legal authority to stop you and inspect the weapon.

Fishslayer 01-27-2013 10:19 PM

Back in the day you'd see a lot of 'em with a cane or baseball bat in 'em.

Usually in a bar parking lot... :rolleyes:

Shotgun? Kinda like UOC. Even if it was legal I wouldn't do it.

So do rifle cases in my enclosed truck bed need to be locked now? Hadn't even occurred to me. :eek:

Andrew92 01-27-2013 11:56 PM

I don't understand the fear of carrying in my truck. I don't plan to just irresponsibly leave the gun in the car wherever I go. It's for transportation purposes, and I don't feel I should have to jump through hoops to exercise my should be right.

urbancommando 01-28-2013 12:27 AM

Im going to have an AR mounted on the underside of my trunk lid.... course im an LEO so i can do it

Sakiri 01-28-2013 12:47 AM

Quote:

Originally Posted by Fishslayer (Post 10343391)
Back in the day you'd see a lot of 'em with a cane or baseball bat in 'em.

Usually in a bar parking lot... :rolleyes:

Shotgun? Kinda like UOC. Even if it was legal I wouldn't do it.

So do rifle cases in my enclosed truck bed need to be locked now? Hadn't even occurred to me. :eek:

What I caught, not if its obviously a gun case. If not, then locked. May be wrong.

Notorious 01-28-2013 5:54 AM

Quote:

Originally Posted by urbancommando (Post 10344065)
Im going to have an AR mounted on the underside of my trunk lid.... course im an LEO so i can do it

I did the MP5 in the trunk of the Porsche like Mike Lowry.

spetsnaz 01-28-2013 5:56 AM

Oh how things have changed

Jonathan Doe 01-28-2013 6:29 AM

Shotgun is not "concealable" firearm. If one carries it in a rack unloaded, it won't fall under loaded firearm or concealed firearm.

But, some cities probably have some kind of restrictions about it. Didn't California pass a new law about unloaded open carry?

NoNOS67 01-28-2013 7:35 AM

Quote:

Originally Posted by topgun7 (Post 10344702)
Shotgun is not "concealable" firearm. If one carries it in a rack unloaded, it won't fall under loaded firearm or concealed firearm.

But, some cities probably have some kind of restrictions about it. Didn't California pass a new law about unloaded open carry?

That dealt with carry outside of a vehicle. http://wiki.calgunsfoundation.org/Tr...EW_law_in_2013

Lugiahua 01-29-2013 6:41 PM

Quote:

Originally Posted by Andrew92 (Post 10343986)
I don't understand the fear of carrying in my truck. I don't plan to just irresponsibly leave the gun in the car wherever I go. .


But it makes you an easy target for criminals.

What would happen when you left the car outside a Safeway, and some criminals passed by, saw your rifle and stole your car?

And people in other states with gun racks often carry handgun as well to defend from gun robbery. That right is not granted to most Californians.

ivorydoc 01-29-2013 10:23 PM

prudent |ˈproōdnt|
adjective
acting with or showing care and thought for the future
DERIVATIVES
prudence |ˈprudns| noun

Notorious 01-30-2013 6:12 AM

Just because you can, doesn't mean you should.

spy-d 01-30-2013 11:09 AM

Speaking of which, Is I wanted to transport my rifle, What is the correct way? I was toled that ALL rifles must be locked in a sealed contaner from the time it leaves from one location to another another location.

Anyone hear about this?

I for one beleve that if my AR is in a box, and it is not a gun box, then it would be ok. Am I wrong?

Blademan21 01-30-2013 11:24 AM

Off subject. In the 80's I had a sun screen that was on the back window of my F150. It wasn't a deer in the woods drinking water from a creek. It was of a rifle rack with a Car-15 and a HK-91. I had folks speeding up to my truck to get a closer look. From behind it looked real. I was careful to always have a 1911 on my hip.

-hanko 02-01-2013 9:45 AM

Quote:

Originally Posted by Andrew92 (Post 10343986)
I don't understand the fear of carrying in my truck. I don't plan to just irresponsibly leave the gun in the car wherever I go. It's for transportation purposes, and I don't feel I should have to jump through hoops to exercise my should be right.

I have a 12 and 20 in the rack now, with an AR below on the third set of rungs.

But this is Idaho, hunting is happening, and no one, including LE, gives them a 2nd look.:D

Depends on where you are.

-hanko

KWalkerM 02-01-2013 10:55 AM

seen 3 people do this in the past month, it depends on where you live

bodger 02-01-2013 10:59 AM

I have a gun rack in my pickup. I keep my 3' mahogany spirit level in it. Tool of my trade. Comes out at night though, no reason to invite theft of a good tool.

cdownin 02-01-2013 11:05 AM

I saw some tool bag doing it in Chino Hills CA. Its pretty much the same as lifting your truck too high or wearing all your jewelry I wouldn't do and people just look at you as a target.

Quiet 02-01-2013 11:24 AM

In order to comply with Federal GFSZ laws, needs to be a locking gun rack [18 USC 922(q)(2)(B)(iii)] or do not drive through a school zone or chose not to comply because state LEOs generally do not enforce Federal laws.




18 USC 922
(q)(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

^Rb 02-01-2013 11:45 AM

Quote:

Originally Posted by Notorious (Post 10344586)
I did the MP5 in the trunk of the Porsche like Mike Lowry.

:p

THAT is awesome.

Che762x39 02-01-2013 12:03 PM

Quote:

Originally Posted by 223556 (Post 10342986)
Those days are long gone...wouldnt even dream it in CA

+1000

Those days are sweet memories :oji:

200Apples 02-01-2013 12:11 PM

Quote:

spy-d

Speaking of which, Is I wanted to transport my rifle, What is the correct way? I was toled that ALL rifles must be locked in a sealed contaner from the time it leaves from one location to another another location.

Anyone hear about this?

I for one beleve that if my AR is in a box, and it is not a gun box, then it would be ok. Am I wrong?

This was posted in the link courteously provided by NoNOS67:


Quote:

BEGINNING JANUARY 1, 2013 Long guns must be transported in a completely enclosing case when not in a vehicle; if the case is designed as a gun case, no lock required. If the case is NOT designed as a gun case, must also be locked.


16505. For purposes of Chapter 7 (commencing with Section 26400)
of Division 5 of Title 4, a firearm is "encased" when that firearm is
enclosed in a case that is expressly made for the purpose of
containing a firearm and that is completely zipped, snapped, buckled,
tied, or otherwise fastened with no part of that firearm exposed.
In other words, just a "box" with no lock is not an acceptable transport box. Your long gun needs to be a hard case (or a box) with a locking device, or, in an unlocked-but-zipped soft case obviously made for weapons carrying and damage protection.


Hope that helps!

:thumbsup:

200Apples 02-01-2013 12:17 PM

Who0ps! I just realized what subforum this is... and here I am impersonating a/an LEO.

For the record, lol; I'm only a concerned citizen!

:)

getafterit 02-10-2013 1:15 PM

If memory serves me the long gun law also states that if the path from your house to your vehicle is on public property (aka the street) the long gun must be in previously stated locked container or gun case. Has something to do with it being visible to the public yadda yadda yadda.
I'm not a LEO but I really did stay at a holiday inn last night.

Ninety 02-10-2013 2:11 PM

It Scares me that a LEO has not given a good response here...
Long guns (rifles, shotguns) must be unloaded when transported in a vehicle. There is no requirement for a locked container with the exception of long guns considered to be "assault weapons". Federal law requires locking containers when inside of a "gun-free school zone." The constitutionality of the federal Gun-Free School Zone Act is in question due to the U.S. v. Lopez ruling.

Assault weapons, as defined by California law, must always be transported in locked containers and may only be transported under certain circumstances.


But like others have stated... Expect some attention from it.. Get a rack that locks (edit: for traveling thru school zones) and you are G2G.

CBR_rider 02-11-2013 3:03 AM

Good enough response, ninety?

PENAL CODE
SECTION 26400



26400. (a) A person is guilty of carrying an unloaded firearm that
is not a handgun in an incorporated city or city and county when that
person carries upon his or her person an unloaded firearm that is
not a handgun outside a vehicle while in the incorporated city or
city and county.
(b) (1) Except as specified in paragraph (2), a violation of this
section is a misdemeanor.
(2) A violation 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 the firearm and unexpended ammunition capable of being discharged
from that firearm are in the immediate possession of the person and
the person is not in lawful possession of that firearm.
(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 firearm
that is not a handgun" is used in this section, each individual
firearm shall constitute a distinct and separate offense under this
section.

dominic 02-11-2013 3:42 AM

thanks for clearing that up.

Ribkick 02-11-2013 12:23 PM

Quote:

Originally Posted by Andrew92 (Post 10342204)
I was wondering what the laws were for carrying an unloaded shotgun in a gun rack in the back window.

Hopefully you live in the far, far north or the far, far east of our state. Otherwise, you're trolling for trouble. Real or imagined.

Quote:

Originally Posted by Andrew92 (Post 10343174)
Is it illegal though? I'm asking if anything to do with the long gun open carry law That changed at the beginning of this year effects it at all. And in terms of school zones, does a locking gun rack comply?

Quote:

Originally Posted by Andrew92 (Post 10343986)
I don't understand the fear of carrying in my truck. I don't plan to just irresponsibly leave the gun in the car wherever I go. It's for transportation purposes, and I don't feel I should have to jump through hoops to exercise my should be right.

I will never understand anyone that willfully tempts fate but I'm sure we'll see them whine here if fate makes a visit.

Why would anyone advertise they own firearms? Putting the legalities and LEO's aside, you're attracting attention of the wrong kind that when attracted, will not be kind.

As far as jumping through hoops, feel free not to jump but be man enough to accept the consequences.

getafterit 02-11-2013 6:16 PM

Man! So it does have to be in a case designed for a gun otherwise in a locked case, as of Jan 1st. 2013....I knew I read that somewhere.

getafterit 02-11-2013 6:20 PM

Quote:

Originally Posted by Ninety (Post 10488737)
It Scares me that a LEO has not given a good response here...
Long guns (rifles, shotguns) must be unloaded when transported in a vehicle. There is no requirement for a locked container with the exception of long guns considered to be "assault weapons". Federal law requires locking containers when inside of a "gun-free school zone." The constitutionality of the federal Gun-Free School Zone Act is in question due to the U.S. v. Lopez ruling.

Assault weapons, as defined by California law, must always be transported in locked containers and may only be transported under certain circumstances.


But like others have stated... Expect some attention from it.. Get a rack that locks (edit: for traveling thru school zones) and you are G2G.

You better check yo self befoe u reck yo self!


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