September 23,2010 - California fiream laws

[DaveK]

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.

Frank:

I will be the first to admit that these laws are not a model of clarity. This is a perfect example of how difficult and confusing California's laws really are and this is just one of them. Attorneys and commentators argue constantly about what many of these laws mean and it is absurd to expect the average cop on the beat to have a full and complete understanding when it comes to enforcing them. Send your letter of thanks to the geniuses in Sacramento for making this a bit confusing.

Now on to your question. Initially, I understand your frustration in your quest for the "no-destination privilege". If you remember DTK's golden rule number one, this may help. Let's start out with Section 12025, which is a general prohibition against carrying or transporting a concealed handgun in your vehicle or on your person. This section makes no reference to citizenship or a lack thereof. It states that it applies to any person. Under this section, it is illegal to carry or transport, regardless of citizenship.

Many of California laws work by establishing a general rule, followed by other sections or sub-parts that carve out exceptions to the general rule. This is where Section 12026.1 comes in. It provides the beginning of the exceptions to the general prohibition against carrying a concealed handgun. As you have noted, it applies to "any citizen of the United States, over the age of 18 years who resides or is temporarily in this state". The first step in qualifying for an exemption to the prohibition against concealed carry is to be a US Citizen. The second step is to carry the firearm in a locked container. Here is where some of the confusion may originate. Section 12026.1 was not meant to exist alone and it does make this clear in section 12026.1(a)(2). It provides:

(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.

Here is where Section 12026.2 comes in. It defines what are lawful purposes, thereby making exceptions to the general prohibition against concealed carry. As you have noted, there is no reference to citizenship as that has already been handled by Section 12026.1. As I mentioned before, these three sections are meant to work together to establish what is prohibited and then to provide certain exceptions (or exemptions as they are called in the code). California, sadly, does not recognize a "no destinations" exception to the general prohibition against carrying or transporting a concealable firearm.

Hope this helps. If not, you have my number.