Traveling to California

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reteach

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Howdy. Just joined TFL and this is my first post. Hope it's in the right place.

I will be driving to California, across Texas, New Mexico and Arizona. I'm staying in CA for two days, then returning. I know that CA does not recognize my TX CHL. Does anyone else here make that or a similar drive? What do you do with your handgun when you cross into CA?

Thanks.
 

Powermwt

New member
I lock my handgun in my briefcase, unloaded... and my magazines in a double zipper pocket of my suitcase and put a very small padlock thru both zippers.

https://oag.ca.gov/firearms/travel

TRANSPORTING FIREARMS IN CALIFORNIA

HANDGUNS

Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle’s trunk or in a locked container. Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container.

Pursuant to California Penal Code section 16850, the term "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.

SHOTGUNS AND RIFLES

Nonconcealable firearms (shotguns and rifles) are not generally covered within the provisions of California Penal Code section 25400 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported.

REGISTERED ASSAULT WEAPONS

California Penal Code section 30945, subdivision (g) provides that registered assault weapons may be transported only between specified locations and must be unloaded and stored in a locked container when transported.

Pursuant to California Penal Code section 16850, the term "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.
 

John D

New member
Before I moved to Arizona, I frequently traveled between AZ and California. Before crossing back to CA, I would:
- Stop and unload my pistol
- Put unloaded pistol in a case, locked with a padlock
- Put revolver ammo in a separate case (no speed loaders!)
- If carrying my .45, UNLOAD magazines and place in separate case
- Put all this into the trunk

What a bunch of crap! So glad I live in ARIZONA now!!
 

JWT

New member
FITASC, I wouldn't be concerned about being stopped to specifically search for guns. I would be concerned about being stopped by police for some other infraction and then have them find guns that were not secured according to Californias very restrictive laws.
 

jmstr

New member
And remember that Los Angeles city doesn't care if you are getting gas while driving through- they still consider it illegal to have a mag that holds more than 10 rds.
 

NateKirk

New member
I just recently went on a road trip from here in Michigan to all over the west including LA to the Oregon border up the 101 in California. Stop at the border or before it and put your guns, separate from the ammunition, in a locked case, stow it in the trunk and forget about it until you leave the state. They're very serious about that sort of thing in CA.

On my trip I was given a ticket for camping where I wasn't supposed to in Point Reyes (the campgrounds were full) and when the ranger politely woke me up from my tent the following morning to issue the ticket, he asked if I had any weapons in the tent with me. I told him about my pistol that I kept in the tent with me (I'm much more comfortable camping in the wilderness amongst strange wildlife when I'm armed) and it turned into a big hassle.
I informed him about my Michigan CPL, and the reason I had the pistol in the tent with me, and he was very understanding and polite. However, I was still frisked down, and disarmed. Now that a weapon was involved a backup ranger was summoned who questioned me as to whether I had any other "things I wasn't supposed to have," and I was asked if I had any drugs, fireworks, etc. The general experience was that of being treated like a complete criminal. They unloaded the gun and made sure to retrieve the case from my car and lock it for me, before giving it back, which I thought was a bit extreme.

They also admitted that besides camping in the wrong place, I didn't technically do anything wrong, as the tent is technically my "home" and thus I wasn't illegally carrying. They reminded me to be careful and that California is a completely different country when it comes to gun laws and they are very strict and don't really issue CPL's at all.

I think they were a bit lenient on me because I was honest about telling them about the pistol in the first place, and because of the good graces with which I accepted the ticket. I told them I didn't mind the fee, as it was the same price as a motel room in the area, and they appreciated the positive attitude. Moral of the story is be careful, know the law, and have a good attitude when dealing with authorities, especially when it comes to guns.

Anyway that's my experience transporting through California. Thought I'd share:)
 
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Ibmikey

New member
You are correct in the tent being your home and not subject to warrantless search without probable cause a crime was, about to or did happen. Unfortunately for LE in general many Rangers and Fish and Game officers in Calif had all common sense removed before being issued a badge. I worked for a Calif PD for over thirty years and had a great deal of professional contact with F&G, normally shaking my head at their interpretation of the Calif Criminal codes.
Fortunately there are a lot of good officers there to mellow the pot. And double fortunately for me i got out of Calif as soon as was practical.
PS: Even though my retired ID is endorsed for CC, and I have a Washington carry license, if i ever go back to Calif I would not carry a pistol on my person.....just personal thoughts..
 

edrice

New member
Perhaps I can help to muddy the waters a bit. I lived in California for the better part of four decades and used to have to deal with their silly firearms laws.

I used to keep an unloaded firearm in a locked container, specifically one of the small steel lockboxes with the steel cable that work well under the driver's seat. I usually used a semi-auto with magazines of 10 rounds or fewer. And would keep an empty magazine in the pistol and a loaded magazine hidden somewhere else in the car. (more on that later)

The locked box usually just stayed under the seat, but if the situation warranted it when traveling through iffy areas, I would either keep the steel box on the passenger seat or under my legs on the front floor with the box locked, but with the key inserted into the lock. This way it was technically legally locked but was easy to access quickly. And also easy to quickly remove the key if necessary.

Now to the loaded magazine part - I used to keep a printed copy of the relevant California Penal Code in my glove compartment concerning unloaded firearms being transported in cars and the relevant part was highlighted in yellow. To wit, page 31 of this - http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf -

"It is unlawful to carry a loaded firearm on one’s person or in a vehicle while in any public place, on any public street, or in any place where it is unlawful to discharge a firearm.(Penal Code § 12031(a)(1).)"

"A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loading firearm is deemed loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Penal Code § 12031(g).)"

"For the purposes of Penal Code section 12023 (commission or attempted commission of a felony while armed with a loaded firearm), a firearm is deemed loaded when both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person."

"It is unlawful for the driver of any motor vehicle, or the owner of any motor vehicle irrespective of whether the owner is occupying the vehicle, to knowingly permit any person to carry a loaded firearm in the vehicle in violation of Penal Code section 12031, or Fish and Game Code section 2006. (Penal Code § 12034.) Also, see “Other Prohibited Acts,” page 49."

"In order to determine whether a firearm is loaded, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place, on any public street, or in any prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to these provisions is, in itself, grounds for arrest. (Penal Code § 12031(e).)"

Notice the relevant parts from above - "a live cartridge or shell in, or attached in any manner to, the firearm," "magazine ... attached to the firearm," "unexpended ammunition capable of being discharged from the firearm," - a loaded magazine hidden somewhere else in the car does not meet any of those requirements. But the "but not limited to" part tends to make it a little more vague.

Also the part about - "when both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person." - but this is in connection with an attempt to commit a felony... which I was not.

So a law officer might not be up on the nuances of the penal code, which is why I kept a copy in the car. (Also judges can have different interpretations.) But when a law officer sees that an individual has a copy of the penal code in his car and will politely give him instruction on it, he's more likely to get the notion that he'll be spending time in court testifying and could be more inclined to pass on this individual.

Be that as it may, I was never once stopped and asked about firearms in my car. I did get a ticket once back in the 80s for 35 in a 25, but the subject was never broached.

I learned a lot about California firearms nuisances on Calguns.net and specifically from an individual on there who was quite up to speed on California laws and their vagueness by the forum name of "Librarian," who is a super moderator. calguns.net in case you want to further research this. I haven't done any in the last several years since I now live in Arizona, the free world.
 
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JWT

New member
Might want to consider stopping at the Arizona border and burying the guns and ammo....:rolleyes:
 

boondocker385

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Having just recently escaped California for good, and being a white, middle age guy who usually looks decently dressed, I haven't been stopped by the cops in 20 years. There are no random searches for weapons that I am aware of. Both with and without a CCW I always had a weapon available in my car. Stay out of bad areas and You will lessen the possibility of police contact. Even with a CCW i was harassed by SF Police...those guys are nazis . You will have to chose for yourself what to do.
 

reteach

New member
Again, thanks for all the replies. My trip does include an overnight stop in Arizona, right on the border. I will unload my pistol, lock it in a box, and lock the mags and ammo in a small bag I have, and store them separately in the car for the two days I'm in California. Too bad we have to go to such lengths.
 

edrice

New member
[quote='boondocker385"]Having just recently escaped California for good, and being a white, middle age guy who usually looks decently dressed, I haven't been stopped by the cops in 20 years. There are no random searches for weapons that I am aware of. Both with and without a CCW I always had a weapon available in my car. Stay out of bad areas and You will lessen the possibility of police contact. Even with a CCW i was harassed by SF Police...those guys are nazis . You will have to chose for yourself what to do.[/quote]

Yeah I escaped too. But I really miss southern California and the mountains and climate and coast, but no way could I go back after this taste of freedom. It's like I'm binging on it! Imagine walking into a gun store and walking out a few minutes later with one. And if you have a CCW, they don't even do a background. And the great thing about here is that you don't even need a CCW to carry concealed. Constitutional carry.

reteach said:
Again, thanks for all the replies. My trip does include an overnight stop in Arizona, right on the border. I will unload my pistol, lock it in a box, and lock the mags and ammo in a small bag I have, and store them separately in the car for the two days I'm in California. Too bad we have to go to such lengths.

Don't forget that when you get to your destination that it's like anywhere else, whether with relatives or motel/hotel, you can carry those containers inside and load them and you are once again legal to defend yourself. It's not a totally indefensible place, just seems it on the streets.

Will Beararms" said:
It's not worth the risk of losing your freedom.

Even more so, is it worth the risk of losing your life? Many people are not cognizant of how close one can come in dangerous situations. Probably not even a lot of gunners...

Reminds of New Yorker friend of mine who moved to southern California and worked for the same aerospace/defense company that I worked at. When he found out I owned guns and I had told him they were for self defense, he told me I was a "worry-wart." He was a New Yorker after all. Then came the Rodney King riots that we were all right in the middle of and suddenly driving down streets he started feeling a little vulnerable, defenseless and assailable. It was shortly after that that he owned a Ruger GP100 .357. That wouldn't have been my first choice but it was a step in the right direction.
 

Boncrayon

New member
Better also check reciprocity in New Mexico on the way to California! In Louisiana, it is a red non-reciprocity state. When traveling, know the laws of concealed carry in the states you travel!
 

xcc_rider

New member
Being a Kalyforrnya internee I would recommend stopping at the Az border and turning back.
You can visit face to face via computer\phone and there's not an attraction here that can't be had somewhere else.

My first thought when I read the title was "why"?
 

Boncrayon

New member
Check your reciprocal states first. I'm CC Instructor in Louisiana. New Mexico and California are not in our principal list of friendly states. If you are not stopped by an officer, and have to use your weapon, you will be judged by a jury of 12, and perhaps not by 6 to your grave.
 
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