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Old 02-09-2013, 7:00 PM
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chillincody chillincody is offline
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Quote:
Originally Posted by EM2 View Post
Why is that?
Of course it would protect it from damage but I see no legal problem with how he is transporting the rifle.
as of 1-1-2013 long gun open carry is banned so even tho its in a locked container as soon as he opens the trunk on what I assume is a public street he is tech open carrying a long gun it should be fully encased

NEW law in 2013

AB 1527 added some new sections to the Penal Code:

SEC. 12. Chapter 7 (commencing with Section 26400) is added to
Division 5 of Title 4 of Part 6 of the Penal Code, to read:
CHAPTER 7. CARRYING AN UNLOADED FIREARM THAT IS NOT A HANDGUN
IN AN INCORPORATED CITY OR CITY AND COUNTY

Article 1. Crime of Carrying an Unloaded Firearm that is not a
Handgun in an Incorporated City or City and County
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.

26405. Section 26400 does not apply to, or affect, the carrying
of an unloaded firearm that is not a handgun in any of the following
circumstances:
...
(c) When the firearm is either
in a locked container or
encased
and it is being transported directly between places where a person is
not prohibited from possessing that firearm and the course of travel
shall include only those deviations between authorized locations as
are reasonably necessary under the circumstances.
__________________
Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Jefferson's "Commonplace Book," 1774_1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764
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