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  1. #1
    jason0007 is offline Member
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    what's the penalty for carrying a gun across interstate lines..??

    What is the penaly in California??? I mean if you were stopped by a traffic cop for a moving violation, and was asked if there was a weapon in the vehicle..even if the gun was unloaded, in a case, and locked in the back trunk of a car....and they found it..what would be the penalty??????
    let's say you have a gun permit in another state...but crossed into california with the gun..

  2. #2
    Shipwreck's Avatar
    Shipwreck is offline HGF Forum Moderator
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    I do not know the penalties of california law, but having a permit from another state would not matter if California didn't recognize it. And to my knowledge, they do not recognize any out of state permits.

    But, I believe that federal law says that if the gun is locked up, and U can own the gun legally at the state U started at and at the state U end up at - then U should be fine. Granted - U may be arrested anyway, but U would at least have a legal defense.

  3. #3
    jason0007 is offline Member
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    thanks for the reply..
    the reason i asked is because....as luck would have it..i got pulled over my a cop for speeding ticket in california ...but luckily i stored the gun at my parents house and didn't leave it in the trunk.....

    this was day after thanksgiving..sucks.

  4. #4
    Shipwreck's Avatar
    Shipwreck is offline HGF Forum Moderator
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    Well, the fed thing I mentioned above counts for passing thru a state on the way to another state.

    Like - FL to Oklahoma. If U can have the gun legally in OK and FL, then U would be fine if the gun was locked up in the trunk, unloaded, as U passed thru each state on the way to OK.

    That would not have fit what happened to U.

    U could have been in some trouble - CA is not the most gun friendly state.

  5. #5
    scooter's Avatar
    scooter is offline Supporting Member - Legally Armed Scooter Trash
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    Quote Originally Posted by Shipwreck View Post
    Well, the fed thing I mentioned above counts for passing thru a state on the way to another state.

    Like - FL to Oklahoma. If U can have the gun legally in OK and FL, then U would be fine if the gun was locked up in the trunk, unloaded, as U passed thru each state on the way to OK.

    That would not have fit what happened to U.

    U could have been in some trouble - CA is not the most gun friendly state.

    Now THAT is a polite way to put it!!

  6. #6
    liberty911 is offline Junior Member
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    It is perfectly legal in California to transport a gun in your trunk as long as there are no magazines in the gun(even unloaded mags count as a loaded gun here) and ammo is stored seperatelly.

  7. #7
    jason0007 is offline Member
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    Quote Originally Posted by scooter View Post
    [/COLOR]
    Now THAT is a polite way to put it!!

    yeah i know........i knew california gun laws was one of the strictest..
    the cop that gave me the ticket didn't even ask if i had a weapon..
    but i knew if they did and found out...i'd be in serious trouble.
    thanks guys.

  8. #8
    coolguy is offline Junior Member
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    http://ag.ca.gov/firearms/forms/pdf/Cfl2006.pdf

    Starting on page 32, if you don't have conceal permit, you can safely transport your unloaded firearms locked in your trunk.

  9. #9
    dood's Avatar
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    Quote Originally Posted by jason0007 View Post
    yeah i know........i knew california gun laws was one of the strictest..
    the cop that gave me the ticket didn't even ask if i had a weapon..
    but i knew if they did and found out...i'd be in serious trouble.
    thanks guys.
    It's exceedingly rare for a peace officer here to ask whether or not someone is carrying a weapon, especially on a routine TS. Only slightly less rare is a request to search your vehicle. Local and state law enforcement need something to be out of the ordinary to need such things.

    The federal officers at the inspection stations across SoCal though, they'll search you for no rhyme or reason. I wouldn't recommend taking any chances if traveling North from San Diego or Imperial Counties, as you'll have to cross through one of the Fed Checkpoints (run by INS).

  10. #10
    dood's Avatar
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    Quote Originally Posted by liberty911 View Post
    It is perfectly legal in California to transport a gun in your trunk as long as there are no magazines in the gun(even unloaded mags count as a loaded gun here) and ammo is stored seperatelly.
    Seems to be correct. IANAL, but I asked around the PD here and that was the basic response.

    Also found this at Handgunlaw.us

    When entering a state you cannot legally carry in, if you unload the
    firearm, enclose it either in a box or pistol rug and put it in your trunk, you will be legal.
    Some states require that you keep the ammo separate from the firearm. If you have a
    vehicle that does not have a trunk, put the unloaded firearm in a “Locked Box” and put it
    behind the seat in a pickup or all the way in the back of an SUV. See United States Title
    18 - Part I - Chapter 44 § 926A on the Interstate Transportation of Firearms.

  11. #11
    OMSBH44 is offline Member
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    Question

    I'm glad someone started this subject because I will be driving to California next week. While my New Mexico CCW is recognized in Arizona, it isn't in "The Golden State."

    I remember reading about some places where your gun is considered loaded, and thus illegal, if you have a loaded magazine somewhere in proximity to the gun but not actually in the gun. It is it thus in California?

    How far away from the gun must all the magzines and ammuniton be stored?

    Thanks

  12. #12
    dood's Avatar
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    Quote Originally Posted by OMSBH44 View Post
    I'm glad someone started this subject because I will be driving to California next week. While my New Mexico CCW is recognized in Arizona, it isn't in "The Golden State."

    I remember reading about some places where your gun is considered loaded, and thus illegal, if you have a loaded magazine somewhere in proximity to the gun but not actually in the gun. It is it thus in California?

    How far away from the gun must all the magzines and ammuniton be stored?

    Thanks
    I'll double-check for you, but IIRC as long as the weapon and ammo are separated, and they are both locked in the trunk of the car, you're OK...at least at the state level...YMMV with localities.

    I'll double-check the state regs (new penal code books just came out today).

  13. #13
    dood's Avatar
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    OK, so much for "check later"...direct from CA DOJ:

    If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

    If you have additional questions, contact the California Department of Justice at 916-227-3703.
    Last edited by dood; 01-17-2007 at 04:19 PM.

  14. #14
    Hevchev50 is offline Junior Member
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    Also, if your handgun takes hi-cap mags and you own any, leave them home and take your ten-rounders with you instead. Even if visiting, you are not allowed to bring hi-caps into the state unless they were already here and "grandfathered" before the end of 1999.

  15. #15
    dood's Avatar
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    Quote Originally Posted by Hevchev50 View Post
    Also, if your handgun takes hi-cap mags and you own any, leave them home and take your ten-rounders with you instead. Even if visiting, you are not allowed to bring hi-caps into the state unless they were already here and "grandfathered" before the end of 1999.
    Correct. Sorry, should have mentioned that.

  16. #16
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    Quote Originally Posted by Hevchev50 View Post
    Also, if your handgun takes hi-cap mags and you own any, leave them home and take your ten-rounders with you instead. Even if visiting, you are not allowed to bring hi-caps into the state unless they were already here and "grandfathered" before the end of 1999.
    If you had some 15 or 20 rnd mags before 1999, can you use them at the ragne or you have to keep them at home for "show"?

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