BMW M5 Forum

Post Reply
 
Thread Tools Search this Thread
      02-08-2019, 01:33 PM   #23
MisterF80M3
Major
MisterF80M3's Avatar
1070
Rep
1,170
Posts

Drives: 2018 M3
Join Date: Jul 2018
Location: CA

iTrader: (4)

Quote:
Originally Posted by Fritzer View Post
Quote:
Originally Posted by MisterF80M3 View Post
Where are you getting your information from? I never heard about the whole lock container where you can't just leave it in your vehicle.
California Penal Code Section 12026.2
carrying a handgun in your car even in a locked container is only for the purpose of transporting from one specific location to another (going to the range, going hunting, etc.). It is illegal to carry a firearm without a permit, even in a locked container in your car, for general purposes such as self-defense.


Quote:
Originally Posted by MisterF80M3 View Post
Also, ammunition can be carried in the same locked container as the gun.
California Penal Code 25400
The ammunition must be kept in a separate container. All weapons must also be unloaded while they are in a vehicle, even when they are inside a locked container.


People have been charged already for both of these violations. I don't certainly agree with them but it's best to be informed. Just go apply for your CCP it's a very easy process and most people can have a valid reason for being granted one.
I have a CA CCW.

I searched the penal code you listed. There is no mention that ammunition needs to be separated from the lock container.

Ammunition cannot be attached to the handgun in any manner. Under most circumstances, a firearm is considered loaded when there is a live round of ammunition "...in, or attached in any manner to, the firearm, including, but not limited to: in the firing chamber, magazine or clip thereof attached to the firearm..." For example, a semi-automatic handgun with an empty firing chamber and a loaded magazine inserted in the magazine well is considered loaded. There is no prohibition in the state codes against also carrying ammunition within the same motor vehicle or compartment in the vehicle, as long as the firearms are not loaded and ammunition is not attached in any manner to the firearm. - Penal Code Sections 12025, 12026, 12031

PC25400:
Absent aggravating circumstances, carrying a concealed firearm in violation of California Penal Code 25400 PC is a misdemeanor.41 If convicted of misdemeanor carrying a concealed firearm, you face the following consequences:

up to one (1) year in a county jail, and/or
a maximum $1,000 fine
__________________
2018 BMW F80 ///M3
570WHP/578TQ
Appreciate 0
      02-08-2019, 01:39 PM   #24
Fritzer
No one sleep in Tokyo
Fritzer's Avatar
No_Country
960
Rep
1,506
Posts

Drives: 2011 E90 328i//1995 E34 530i
Join Date: Oct 2018
Location: San Diego, California -> Austin, Texas

iTrader: (3)

Quote:
Originally Posted by MisterF80M3 View Post
I have a CA CCW.

I searched the penal code you listed. There is no mention that ammunition needs to be separated from the lock container.

Ammunition cannot be attached to the handgun in any manner. Under most circumstances, a firearm is considered loaded when there is a live round of ammunition "...in, or attached in any manner to, the firearm, including, but not limited to: in the firing chamber, magazine or clip thereof attached to the firearm..." For example, a semi-automatic handgun with an empty firing chamber and a loaded magazine inserted in the magazine well is considered loaded. There is no prohibition in the state codes against also carrying ammunition within the same motor vehicle or compartment in the vehicle, as long as the firearms are not loaded and ammunition is not attached in any manner to the firearm. - Penal Code Sections 12025, 12026, 12031
Regardless, any of this won't apply to those of us with a CCW or under LEOSA. I'm at work right now so I will look into when I get more free time, almost certain I saw some kid get burned for having a sub-compact Glock with magazines sitting right next to it in a locked case. You could be right though.

Edit: Without being too invasive, which county did you get your CCW in and when? Just curious with the changing opinions of Sheriff's throughout the state.
__________________
2011 E90 328i, 1995 E34 530i, 1992 E32 740i, 1991 E34 525i
Appreciate 0
      02-10-2019, 11:15 PM   #25
MisterF80M3
Major
MisterF80M3's Avatar
1070
Rep
1,170
Posts

Drives: 2018 M3
Join Date: Jul 2018
Location: CA

iTrader: (4)

Quote:
Originally Posted by Fritzer View Post
Regardless, any of this won't apply to those of us with a CCW or under LEOSA. I'm at work right now so I will look into when I get more free time, almost certain I saw some kid get burned for having a sub-compact Glock with magazines sitting right next to it in a locked case. You could be right though.

Edit: Without being too invasive, which county did you get your CCW in and when? Just curious with the changing opinions of Sheriff's throughout the state.
Sonoma County 4 years ago.
__________________
2018 BMW F80 ///M3
570WHP/578TQ
Appreciate 0
      02-11-2019, 01:16 PM   #26
Maestro
Major
1058
Rep
1,268
Posts

Drives: 2007 335i Sedan, 2021 X3
Join Date: Nov 2006
Location: Philadelphia

iTrader: (0)

Quote:
Originally Posted by bd307 View Post
These two codes have long been in CA. Not sure why people have no clue or argue about them. Again OP, suggest you leave the firearms at home when you are traveling to any part of CA.
I would have to agree, I use to live in Calif and at the time owned mostly hunting rifles and the rules about moving guns around are crazy. It is not worth it, if you happen to get stop and they want to make an example of you, it could end up costing you your second amendment rights everywhere else.

I can not find the story, however, a guy traveling with his gun on a plane, checked it as required happen to land in New York and had to deplane, and get his luggage, which happen to have his gun it, was seen on the x-ray and the police were waiting for him when he picked up his bags since it illegal to have a hand gun in NYC. Well they confiscated his gun and at the time he had felony gun charge against him. Never heard how it end and if he got off and got his gun back. You really have to watch the anti-gun states. Wish the Fed passed the Federal CCW to allow you to cross boarder and not worry.

I know NYC is not CA but CA is looking more like NYC these days.

https://www.nytimes.com/2013/06/10/n...n-arrival.html

PA had an issue where local towns were passing anti-gun laws which made it difficult to carry guns in various towns if did not know the local laws. The state government finally put an end to those local laws.

I know there was disagreement on what is considered a loaded weapon, read this from a NY Lawyer

https://www.martinkanelaw.com/crimin...at-lga-or-jfk/

Quote:
TSA mandates that ammunition not be in the firearm and you carefully complied. Unfortunately, New York has its own unique way of defining a loaded handgun. Our highest court, in its wisdom, holds that a handgun is loaded when “the ammunition is in close proximity.”” In your case, that means that if you followed the TSA instructions and unloaded the gun and put the ammunition in your luggage, you had a loaded gun! I’m not saying this makes any sense, but it is the law in New York.
I can tell you this part "close proximity" becomes a problem. I use to hunt all the time in PA, PA is an open carry state you can carry a load gun as long as it is visible with limited restrictions. Here is the tricky part, when you hunting you are not allow to have loaded weapon once you leave the hunting area like 50 feet of any road or structure let alone in your car, well defined load, and which rule do you follow, open carry laws or the hunting rules define by the state game commission. The game commission has their own interruption, and friend and I have dealt with it.

Last edited by Maestro; 02-14-2019 at 12:52 PM..
Appreciate 0
      02-15-2019, 10:12 PM   #27
Dog Face Pony Soldier
2006 TIME Person Of The Year
Dog Face Pony Soldier's Avatar
United_States
9705
Rep
6,445
Posts

Drives: M Sport 335i
Join Date: May 2013
Location: North Jersey

iTrader: (0)

Garage List
2014 335i  [9.74]
In NJ you can't have a firearm in your car unless you're going someplace specific to use it (range, hunting, etc.), and you can't make any "unnecessary" stops or route deviations along the way. You have to have the firearm and ammunition in separate locked containers... although a locked trunk counts. Technically you can have your ammunition in a separate pocket of the same case, but I don't push my luck. When I go to the range I put all my firearms in one case, and all my magazines and ammunition in a completely different case.

One other thing is NJ treats ammunition like a gun... so don't get cought here with a loose bullet in your pocket or rolling around the floor of your car. Even if there isn't a firearm for miles, NJ would treat you like you had a loaded firearm in your possession.
__________________
Appreciate 0
Post Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 08:16 PM.




m5:
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST