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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-16-2012, 8:19 AM
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Default Long guns have to be in a locked case when transporting?

In a vehicle? I was reading through another thread and some were saying you have to have long guns in a locked case? IIRC only RAW's need to be locked or did I miss out on a new law? Thanks for any input. c good
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Old 09-16-2012, 8:24 AM
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I believe that's per federal School Zone Laws... I don't think that there's a CA law on locked containers for long guns.
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Old 09-16-2012, 8:33 AM
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Not yet.... (excluding Fed GFSZ's, CAGFSZ ignores Long Guns per CGF Wiki) Has anyone ever been charged with violating that law? Do you need to get a traffic ticket from the FBI first....?


Wont Portintanpotino or whatever that useless douchebags name is, long gun open carry law change that? I dont lock my long gun cases for transport to the range etc... Sometimes I just throw them in back with a shemagh over them.

I suppose I can finally use all those trigger locks I have to lock cases...
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Last edited by SanPedroShooter; 09-16-2012 at 9:00 AM..
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Old 09-16-2012, 9:17 AM
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Long guns are fine without being in a locked container.
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Old 09-16-2012, 9:38 AM
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Under AB 1527 -- they will have to be cased liked handguns.
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Old 09-16-2012, 9:38 AM
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From the CGF Wiki:

Transporting
It is legal to transport your handgun to anyplace where it is legal to possess.
Penal Code provides an exemption for transporting a handgun concealed; typically one uses a completely enclosed locked container to transport an unloaded handgun. Trigger locks, cable locks and other devices are not useful to avoid violating the concealed weapon law.
Ammunition may be carried in that locked container, in magazines or speed loaders, so long as no ammunition is actually in the handgun.
The container may be carried anywhere in a vehicle; transport is not restricted to a trunk.
Aside from 'registered assault weapons', California requires only that long guns be unloaded when transported - no lock or case required. Federal law regarding school zones requires that long guns be in a locked container or a locking gun rack while passing through those 1000 foot zones.
Other than 'assault weapons', for vehicle transport there are no 'destination' or 'route' limits so long as it is legal to possess a firearm en route or at the destination.
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Old 09-16-2012, 11:21 AM
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Quote:
Originally Posted by littlejake View Post
Under AB 1527 -- they will have to be cased liked handguns.
Not accurate. Under AB 1527 long guns will need to be either in a locked container or encased in a container made to transport firearms which fully encloses the firearm and zips, snaps, buckles, etc.

Of course, you still have the Federal GFSZ issue to deal with.
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Old 09-16-2012, 2:56 PM
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I transport my ar in a take down case, would it have to have a lock on it if passing through a school zone?
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Old 09-16-2012, 2:59 PM
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Why risk it - Lock'em up....
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Old 09-16-2012, 3:03 PM
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Quote:
Originally Posted by slipknot95758 View Post
I transport my ar in a take down case, would it have to have a lock on it if passing through a school zone?
If not locked in a trunk, yes.
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Old 09-16-2012, 3:39 PM
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Quote:
Originally Posted by mrdd View Post
Not accurate. Under AB 1527 long guns will need to be either in a locked container or encased in a container made to transport firearms which fully encloses the firearm and zips, snaps, buckles, etc.

Of course, you still have the Federal GFSZ issue to deal with.
What am I missing in the semantics? Does "or encased in a container made to transport firearms which fully encloses the firearm and zips, snaps, buckles, etc." mean it does not have to be locked just cased such that no part of it is visible?
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Old 09-16-2012, 3:58 PM
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Quote:
Originally Posted by Librarian View Post
If not locked in a trunk, yes.
Perfect thank you, I always transport in the trunk, and the trunk latch is locked from the inside so you need a key to pop it from either inside or out
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Old 09-16-2012, 4:06 PM
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Quote:
Originally Posted by littlejake View Post
What am I missing in the semantics? Does "or encased in a container made to transport firearms which fully encloses the firearm and zips, snaps, buckles, etc." mean it does not have to be locked just cased such that no part of it is visible?
Presuming the Governor signs the thing, yes.

Quote:
SEC. 4. Section 16505 is added to the Penal Code, to read:
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.
and
Quote:
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.
And no, there is no definition to clarify "those deviations between authorized locations as are reasonably necessary under the circumstances."
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Old 09-16-2012, 5:39 PM
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Quote:
Originally Posted by littlejake View Post
What am I missing in the semantics? Does "or encased in a container made to transport firearms which fully encloses the firearm and zips, snaps, buckles, etc." mean it does not have to be locked just cased such that no part of it is visible?
Correct. It does not have to lock under AB 1527, as long as it is a case designed to transport a firearm, the firearm is fully enclosed by the case, and the case fastens in some manner.
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Old 09-17-2012, 8:07 AM
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Quote:
Originally Posted by Librarian View Post
And no, there is no definition to clarify "those deviations between authorized locations as are reasonably necessary under the circumstances."
Great more vague language allowing LEOs to do as they please: you get the ride and pay for legal costs and they get to laugh about it in the break room with no consequences.
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Old 09-17-2012, 10:11 AM
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Quote:
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.
Since the restriction is based on possession, not use, isn't this extremely broad? It seems that any trip that doesn't involve a secure area is protected.
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Old 09-17-2012, 12:13 PM
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To add to the confusion; I, carry a rifle in a scabbord on my motorcycle, will that now be illegal?
  #18  
Old 09-17-2012, 1:05 PM
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Quote:
Originally Posted by FXR View Post
Since the restriction is based on possession, not use, isn't this extremely broad? It seems that any trip that doesn't involve a secure area is protected.
True - it's the 'deviations between authorized locations' that have long been unclear.

Example: you want to drive from Concord to Oroville to use a range up there. Your home is 'authorized'; the range is 'authorized'. Can you stop for gas? for lunch? to visit a friend? to shop at the Vacaville outlet mall?

Nobody knows for sure.
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  #19  
Old 09-18-2012, 3:28 PM
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Quote:
Originally Posted by Librarian View Post
True - it's the 'deviations between authorized locations' that have long been unclear.

Example: you want to drive from Concord to Oroville to use a range up there. Your home is 'authorized'; the range is 'authorized'. Can you stop for gas? for lunch? to visit a friend? to shop at the Vacaville outlet mall?

Nobody knows for sure.
My read is that since you are authorized (as in not prohibited by state law; businesses may ask you to leave) to possess a long gun at all the locations listed and pretty much anywhere in the state besides government buildings, airports, and publicly accessible property in school zones, the prohibition lacks teeth unless you stop at one of a few unauthorized locations. Even then, you could do your business in the courthouse while your long gun stayed in the car on the street. The only issue I see is if your destination is publicly accessible property in a school zone, ie you park in front of your friend's apartment and walk across the sidewalk with your gun, in a school zone. Even then maybe not, because your end destination, the inside of the apartment, is authorized.
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Old 09-18-2012, 4:56 PM
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Quote:
Originally Posted by Librarian View Post
Presuming the Governor signs the thing, yes.

and And no, there is no definition to clarify "those deviations between authorized locations as are reasonably necessary under the circumstances."
I wonder if a gun sock will qualify as "encased"
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  #21  
Old 11-21-2012, 9:43 AM
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Quote:
Originally Posted by stix213 View Post
I wonder if a gun sock will qualify as "encased"
I wonder that as well. I have a shotgun that is too long to fit in my existing cases. Maybe it's encased if the string is tied in a knot.
  #22  
Old 11-21-2012, 10:14 AM
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Quote:
Originally Posted by sd_shooter View Post
I wonder that as well. I have a shotgun that is too long to fit in my existing cases. Maybe it's encased if the string is tied in a knot.
A frayed knot...
A Bow?
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Last edited by the86d; 11-21-2012 at 10:19 AM..
  #23  
Old 11-21-2012, 10:35 AM
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Necrothread.

'Encased' is defined in PC.
Quote:
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.
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