Illegal to carry inside backpack on foot?

[Murrok]

Now I have done some searching on google and some legal websites and came up with mixed answers.

If I purchase a gun, can I carry it in a locked case inside of a backpack unloaded? Just transporting it from the shop to my home. I do not have a vehicle so it would be transporting it on foot.

[Noggles]

Yes, keeping in mind GFSZ and all that.

[CK_32]

As long as it's readily accessible and in a DOJ approved case/lock and your intent is to actually only transport it and not skirt CCW, I think that should be ok per city ordinance/private business/property.


But I'm sure I'll be corrected or someone will add in some more soon. But I think you should be fine. Again as long as your intent is as you say it is. Even if there is a law were unaware of I'm sure you could plead in court and have the charge dropped being your circumstances.

[V8MERC124]

I'm no lawyer.
But I think the law states that the firearm must be transported in a locked container unloaded, no mention of car. But when using a car the firearm must be out of reach or out of driver cab.
Buuuut, if you read this on handguns it specifically mentioned motor vehicle....http://oag.ca.gov/firearms/travel
If you read rifle or shotgun, it says "transport" only, no methods.

Now I'm as confused as you!

[Murrok]

Yeahhhhh it's kinda in a gray area. No mention of non-vehicle transport. Thanks for the replies. I suppose it depends on the officer if one asks.

[V8MERC124]

I'm sure this skirts ccw as you are transporting it to work, not a range, gun shop, gunsmith....if you get searched for whatever reason those questions will come up. "What are you doing with a firearm?, you ain't going to a gun shop or range..." *rhetorical*

[VAReact]

I'm no lawyer.
But I think the law states that the firearm must be transported in a locked container unloaded, no mention of car. But when using a car the firearm must be out of reach or out of driver cab.
Buuuut, if you read this on handguns it specifically mentioned motor vehicle....http://oag.ca.gov/firearms/travel
If you read rifle or shotgun, it says "transport" only, no methods.

Now I'm as confused as you!

Firearm can be within reach in cab if in a locked container -unloaded, or course. Destination requirements when travelling by foot, bicycle, etc while LUCC is a grey area, as I understand things...

[V8MERC124]

^^^thanks that clears up transporting in a single cab truck.

[dls]

How else would one transport their handgun ?
Besides a license to carry, I think unloaded in a locked case is the option.
Really what else could you do ? nothing.

[Decoligny]

As long as it's readily accessible and in a DOJ approved case/lock and your intent is to actually only transport it and not skirt CCW, I think that should be ok per city ordinance/private business/property.


But I'm sure I'll be corrected or someone will add in some more soon. But I think you should be fine. Again as long as your intent is as you say it is. Even if there is a law were unaware of I'm sure you could plead in court and have the charge dropped being your circumstances.

First, there is no "DOJ approved case" when dealing with "fully enclosed in secure locked container". A briefcase with combination locks on it meets the requirement. A small metal cash box that locks with a key meets the requirement.

Second, there are specific destination requirements in the PC for transporting when not in a motor vehicle. Taking a firearm from the Gun Store to your home meets the destination requirement.

[Untamed1972]

Yes, keeping in mind GFSZ and all that.

locked case trumps GFSZ....in fact it's required for transport thru a school zone.

[Decoligny]

Yes, keeping in mind GFSZ and all that.

GFSZ does not apply to an unloaded handgun that is locked in a secure container

626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.

[stphnman20]

A little off to the side, can a soft locked case be used as a "locked container?"

[Decoligny]

I'm sure this skirts ccw as you are transporting it to work, not a range, gun shop, gunsmith....if you get searched for whatever reason those questions will come up. "What are you doing with a firearm?, you ain't going to a gun shop or range..." *rhetorical*

Unloaded, and kept in a locked container, while transporting from home to work, or transporting from work to home is perfectly legal per the PC.


25505. In order for a firearm to be exempted under this article, while being transported to or from a place, the firearm shall be unloaded and kept in a locked container, and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

25525. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, directly between any of the following places:
(1) The person's place of residence.
(2) The person's place of business.
(3) Private property owned or lawfully possessed by the person.
(b) Section 25400 does not apply to, or affect, the transportation of a firearm by a person listed in subdivision (a) 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.

[Librarian]

A little off to the side, can a soft locked case be used as a "locked container?"

Yes. No definition of 'secure'.

See also the wiki -- http://wiki.calgunsfoundation.org/Transporting