September 23,2010 - California fiream laws

[DaveK]

Our net this week will be hosted buy our resident criminal law attorney and will deal with California's laws that relate to the possession, transportation and use of firearms.

Update:

Excellent net with very good participation. We had 31 check-ins and ended about 9:15 PM.

[unwiredadventures]

Our net this week will be hosted buy our resident criminal law attorney and will deal with California's laws that relate to the possession, transportation and use of firearms.

I won't be able to participate on the net tonight, I'll listen later.

Thank you for answering my questions.

[unwiredadventures]

I'm listening to last night's net.

I've seen the statute that requires a registered assault rifle be transported to/from only approved locations.

I can't find the statute that limits the transport of a handgun only to/from approved locations. Can you point me to the right place?

[DaveK]

I'm listening to last night's net.

I've seen the statute that requires a registered assault rifle be transported to/from only approved locations.

I can't find the statute that limits the transport of a handgun only to/from approved locations. Can you point me to the right place?

Frank:

Thanks for your question last night.

The California prohibition against the transportation of handguns only to and from legally approved activities is found in several locations. Since I am not dealing with an open carry issue here, I will leave that discussion to another time as there are other considerations.

For our purposes, there are basically three sections that are relevant to your question, presumably relating to the transportation of handguns that are concealed. Assuming that the weapon is kept in a trunk or locked container (concealed) that meets California requirements, we can start with Penal code section 12025. This section makes it a crime to carry a concealed handgun in a vehicle. Sections 12026, 12026.2, and 12027 create specific exemptions to 12025 and include transportation directly to or coming directly from certain activities such as hunting, fishing, target shooting, geting a CCW, and others.

There is no exception to the prohibition, against carrying concealed, which allows the constant carry of a weapon (handgun) in a vehicle.

[unwiredadventures]

This is where I'm confused:

12026.1 (a) (1) states this exception: 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.

Does 12026.2 add the transportation restriction to 12026.1 or override it? If that's the case, then I understand the law.

[DaveK]

Frank:

This may not be a question that lends itself well to a written explanation, but I'll try. Initially, remember that Section 12025 creates a general prohibition against carrying a concealed handgun whether on your person or in a vehicle. Section 12026.1 provides the "authority" to transport or carry a firearm when done properly in a locked container. It states specifically that Section 12025 shall not be construed to prohibit the carrying or transportation of a handgun if you do so properly . If your handgun is transported or carried in compliance with 12026.1, AND if you are going directly to or coming directly from the activities mentioned in section 12026.2, then you are not in violation of section 12025. Put more simply, you may carry your UNLOADED handgun concealed within the locked container, but only to the activities described in 12026.2 (there are some other sections as well). Neither section overrides the other but, together, they provide exemptions to the general prohibition against carrying a concealed handgun.

If this is as confusing as seems, feel free to give me a call.

[unwiredadventures]

Thank you very much for the clarification! Great net!

[WA4DQS]

The laws can be messy. I usually buy this book every other year or so "How to own a gun and stay out of jail"-- a California book written by a CA lawyer, updated often. I find it very helpful. It gives good examples of real casebook studies, court cases, etc. I've had a few experiences along the way that inspired me to be more knowledgeable about the laws.

A friend of mine once got a very stiff fine for laying his loaded hunting rifle in the back of his pick up truck, at his campsite. He used his truck/camper in lieu of a tent. Last I checked, California law provides you may keep a loaded firearm in your "domocile" and even includes tents under this exception. Even though his truck was his domocile, and parked, and not running, it is first a motor vehicle, not a domocile. And they fined the crap out of him. He fought it and lost.

About 20 years ago in the everglades in Florida, a friend and I each got a $900+ fine for target shooting in what turned out to be an (unmarked) wildlife preserve.

We were actually in the process of cleaning up our paper targets and brass, we had been shooting very responsibly into an embankment, over 15 miles in the middle of nowhere. At first I thought the park ranger overreacted, because he confiscated our weapons, and almost arrested us on the spot. Had we been picking off animals, I would have understood his reaction. In court later he seemed to actually feel bad about it all. They gave us our weapons back in court. My friend and I joked about the irony of it; we almost get arrested in the middle of nowhere for target shooting, then they give us our weapons back in a courthouse, in a crowded city. It just seemed funny to us. They put zip ties in the actions. The ranger later admitted that he was emotionally primed to respond this way because a park ranger had been murdered not long before in the middle of nowhere. So in the end I don't hold it against him, really. Years later I knew a BLM ranger who was murdered in the middle of nowhere.

But it sure would have been nice if they had posted at least one sign on that looooong dirt road saying "entering Everglades wildlife preserve...". Not one.

I've since become very paranoid about this happening again, and do a lot of homework before going shooting anywhere.

[unwiredadventures]

Neither section overrides the other but, together, they provide exemptions to the general prohibition against carrying a concealed handgun.

If this is as confusing as seems, feel free to give me a call.

Dave,

I'm going to beat this dead horse a little more . I may call you.

In 12026.1 (a) there are these qualifications:

(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, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, 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

In 12026.2 (a) this is all that is stated:

Section 12025 does not apply to, or affect, any of the following

12026.2 does not contain any citizenship, or age qualifications.

It seems that if you are over 18 or a citizen etc., you qualify for additional no-destination "privileges" while in your vehicle under 12026.1 (and meet all the other requirements in this section).

If you don't qualify under 12026.1, then you must follow the destination restrictions in 12026.2. Which, would perhaps apply to a non-citizen or someone under 18 going to/from a shooting event, foreign actor in movie, etc. It appears that 12026.2 would also allow you to transport your firearm using public transportation (and other modes) to/from the restricted destinations.

At least this is how my non-legal mind reads this.

[Dennis David]

"or legal resident". Americans always seem to forget this designation but there a lot of us out there.