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Question for CA members...

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Old 08-25-2011, 10:39 AM
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Question for CA members...

Arizona boy driving my C2S to San Diego and then up the coast to Monterry in a few weeks.

I usually throw my 80's vintage Passport radar detector (still works good!)in the car for roadtrips, along with a 10mm pistol in the glove box (in a holster) in case of..... well just in case I need it.

Haven't been to Cali in a few years-- what are the laws on radar detectors on the windshield and weapons in a holster in the glovebox?

It used to be in AZ that if a weapon was in a holster and in a closed glovebox the element of "accessability" was denied to consider it a concealed weapon. But I know CA used to have much stricter laws....

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Old 08-25-2011, 11:22 AM
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radar detector is legal in ca but u can only mount it in the bottom left corner or the bottom right corner (like 5 inch square area).

u can only transport a gun in Ca if (1) it's unloaded and (2) locked in the vehicle’s trunk, or in a separate locked container other than the utility or glove compartment.

weapon in a holster in the glovebox? Definitely illegal.

BOL
 
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Old 08-25-2011, 11:32 AM
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No gun in glovebox!!
 
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Old 08-25-2011, 11:39 AM
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It is illegal to attach any device to the windshield in CA.
I am not sure about gun laws but I believe it is illegal to transport a firearm across state lines.
 
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Old 08-25-2011, 12:48 PM
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Originally Posted by EJ-997
It is illegal to attach any device to the windshield in CA.
not true.

see section b-3

http://dmv.ca.gov/pubs/vctop/d12/vc26708.htm
 
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Old 08-25-2011, 12:54 PM
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Originally Posted by EJ-997
It is illegal to attach any device to the windshield in CA.
I am not sure about gun laws but I believe it is illegal to transport a firearm across state lines.
The latter only if a foolish law was passed and hasn't been tossed out by the Supreme Court yet.

California law is a mixture of that sort of law combined with reasonable practices. We have concealed carry as a routine thing in some counties, where the sheriff is like those you have in Arizona. In the big counties, we have very different attitudes and you only get a CC permit if you're a lawyer or some oddball trades like diamond courier. On the other hand, carrying a weapon openly is strictly legal, but they keep trying to find ways to define it as 'brandishing'. A rifle rack in a pick-up's window is still routine in rural counties but for practical reasons as well as political convention, it should never be loaded and the magazine needs to be inaccessible while the vehicle is in motion. No one will ask in the far north east part of California. They probably won't even notice the rifle hanging there. Drive through San Francisco with a Harry Potter Souvenir Wand in your window and you'll get stopped every other block. These things vary.

Best to assume the default case. In your home or hotel room or motor home while parked for the night, having a gun in operational condition is your undisputed right, but getting between those locations is a political hot potato. Currently, unload the gun, separate the magazine and ammunition into another container. Lock the container for each one. Put the gun in a compartment not accessible from the cabin. With cars, that means the trunk or frunk or whatever you have to work with. To simplify matters at hotels, we used to carry our pistol in a locked case designed for laptop computers. Then we put the magazines in a locked toiletries case. The gun and ammunition must be in separate containers.

Please do check your local gun store though. They have whole books on being a traveler with a gun, and the de facto rules have been changing like crazy since 9-11. I've heard stories of people wasting hours because they had an expended cartridge case caught in a cuff or something silly like that. Fortunately, our cars avoid the rituals of the minimum-wage security measures at airports, but even so it does pay to keep up with the social conventions.

Gary
 
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Old 08-25-2011, 01:17 PM
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also remember... 10 round magazines only. even having a larger capacity one is illegal. so god forbid you get stopped and they check your stuff, it's better to limit your liabilities and keep it to the 10 round maximum.
 
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Old 08-25-2011, 03:15 PM
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From the horse's mouth - the California Department of Justice:

"Traveling with firearms in California."

http://ag.ca.gov/firearms/travel.php

None of the above posters have gotten it quite right, except Crazycarlitos.

(As a former Deputy District Attorney in California, I handled firearms cases - and taught firearms law - for many years.)

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Last edited by DMoore; 08-25-2011 at 03:35 PM.
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Old 08-25-2011, 03:26 PM
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Originally Posted by DMoore

None of the above posters have gotten it quite right.
how so?

can u clear up what we didn't get 'quite right' ? thx.

post 2:

u can only transport a gun in Ca if (1) it's unloaded and (2) locked in the vehicle’s trunk, or in a separate locked container other than the utility or glove compartment.

ur link:


California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.
The term "locked container" means a secure container which 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. For more information, refer to California Penal Code Section 12026.1.
 
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Old 08-25-2011, 03:28 PM
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Originally Posted by DMoore
...

(As a former Deputy District Attorney in California, I handled firearms cases - and taught firearms law - for many years.)

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Can you comment on radar detector position?
 
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Old 08-25-2011, 03:36 PM
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Originally Posted by crazycarlitos
how so?

can u clear up what we didn't get 'quite right' ? thx.

post 2:

u can only transport a gun in Ca if (1) it's unloaded and (2) locked in the vehicle’s trunk, or in a separate locked container other than the utility or glove compartment.

ur link:


California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.
The term "locked container" means a secure container which 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. For more information, refer to California Penal Code Section 12026.1.
See my corrected posting. Crazycarlitos DID get it right.

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Old 08-25-2011, 03:38 PM
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Originally Posted by adias
Can you comment on radar detector position?
Sorry - I don't know. I know they are legal in California. I still work in a court house and I've never heard of a ticket being written for a radar detector's location -- but that's not to say that it might not happen.

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Old 08-25-2011, 07:43 PM
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I used to put my Passport 8500 in the center windshield just above the dash. Now I mount my Valentine at top to left of mirror. I have never had a problem with California police, including when I got a ticket recently with laser gun. The officer didn't look or comment on my mounted Valentine.

I've seen the rules about nothing being attached to windshields, yet guess where they tell you to mount your Easy Pass transponder: lower left side of windshield. Also, I can't get over the number of people who mount their Garmin devices smack in front of their field of view in the middle of the windshield. THEY are the ones who should be ticketed for obscuring their view.
 
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Old 08-25-2011, 08:12 PM
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Originally Posted by DMoore
None of the above posters have gotten it quite right, except Crazycarlitos.
Our 'default' practices were over-strict on purpose, DMoore. Using containers that are themselves locked (however token the lock may be on a leather laptop case) deals with a problem beyond the state transport law.

You're fine leaving home, and on the road with the minimum requirements met, but now you arrive at your destination and start to unload the car. If your weapon is not in a locked container within the trunk, then you're either holding a weapon openly which excites people unduly, or you have a concealed weapon. If you separate the magazine and the weapon into locked containers of their own, you deal with destination handling issues. If you use a case associated with a high-value item like a laptop, no eyebrows are raised by your wanting to handle it yourself instead of leaving it with the bellboy.

I would not expect a court to uphold a charge by local law enforcement if you're merely carrying the unloaded weapon from your car through a hotel lobby to registration and then to a room, where the domicile law kicks in. I would expect to be annoyed at all the hassle if some fool called for help about "Man carrying weapon into Four Seasons lobby."

I agree with you about the requirements of our state law, but I recommend more stringent measures to avoid such nonsense.

Gary
 
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Old 08-28-2011, 11:06 PM
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thanks, guys...

Gentlemen: thank you one and all for such serious and thoughtful replies. A great deal of experience and information was shared. My decision is as follows:

1) the radar detector will be taken and mounted in its usual place-- directly left of the rear view mirror mounting stem as far up the windshied as it will go. This has always worked over the past 20 years for all the cars I have had-- hope it works there in Cali (it has in the past).

2) As much as it concerns me that I have to go unarmed on such a prolonged road trip with a valuable car and a treasured wife to protect-- the Smith 10mm will stay home. My personal risk 'radar' will be on maximum sensitivity....

Kinda like it was when helping a friend move from San Jose down through outskirt L. A. and on to Phoenix with a 9mm on my lap during the Rodney King trial deliberations.....
 


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