Long gun transporting laws....

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Long gun transporting laws....

Postby ShootThemInTheEye » Fri Nov 01, 2013 6:41 pm

All this talk about the airsoft gun laws made me wonder what the laws are for long guns/shotguns....It seems that starting this year there is no open carry of long guns they must be in a case ....also if you drive within 1000 feet of a school they must be in a locked container (Federal law) geeze I guess I am shopping for a couple locking gun cases now.....I always just tossed the guns behind the seat and shells in the back....I wonder If locking them in the camper shell is ok? but then carrying them from the car I am illegal without a case?.....What do you guys use, Is there a locking soft case?
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Re: Long gun transporting laws....

Postby yellowlabhunter » Fri Nov 01, 2013 7:24 pm

Thanks to our fine Governor....I knew this was coming after open carry of handguns threw every Starbucks customer for a loop! Look my friend.... to and from your hunt club you will be OK. Have your ammo seperate from your shotgun. Don't make it accessible in the vehicle. I carry my shotgun in its case in my rear seat. Look most all police...deputies...fish and game etc...will know you are not a dirt bag and only a hunter. If you have a legitimate reason like going to the range or hunting you will be OK. Make sure its unloaded because they will ask to check it.....I would. Be well.

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Re: Long gun transporting laws....

Postby vbirddogs » Fri Nov 01, 2013 8:02 pm

I wonder if you get your CCW permit if you can carry it almost everywhere you want in the truck, as long as it's concealed?

Definitely not on school grounds though.
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Re: Long gun transporting laws....

Postby slowshooter » Fri Nov 01, 2013 9:11 pm

The other day I went to mail something at the post office. Normally would have tossed a gun in the back and headed out to skeet after mailing....

Had I not double checked I would have broken Federal law. No matter how you store them you can't even pull into the lot of a post office with a gun in your vehicle.

Took me an extra 10 minutes to get to the range, which is way better than taking a 15 year detour.
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Re: Long gun transporting laws....

Postby Sgtstadanko707 » Fri Nov 01, 2013 9:27 pm

vbirddogs wrote:I wonder if you get your CCW permit if you can carry it almost everywhere you want in the truck, as long as it's concealed?

Definitely not on school grounds though.


There are a few other places mainly banks that I can not take my ccw in. I then put it in my conceal compartment in my truck. Have not had a issue but I have also not been pulled over with it. Waiting for that day.
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Re: Long gun transporting laws....

Postby ShootThemInTheEye » Fri Nov 01, 2013 9:37 pm

Never even heard of that one slow. Call me a cynic but I could see the feds setting up a checkpoint in Knights Landing pulling over hunters ( which they do at times anyway) and writing up people for unlocked firearms in a school zone. My guns are going to be locked in the shell until I can get a locking case. It's getting hard to keep up with all the BS the Anti's are doing these days. I love my hunting too much to risk it on this petty crap...

No way in hell I get a CCW permit where I live...Calguns is pushing back some If they are successful I will be first in line for one and I don't even own a handgun now..
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Re: Long gun transporting laws....

Postby yellowlabhunter » Fri Nov 01, 2013 10:29 pm

Look if school zone really applied to all and set in stone....schools and homes would not be near each other. If you happen to drive near one or by one and get stopped and you came or going to hunt legally....and some cop cites you for violating the weapon in school zone law....I would fight that everyday and twice on Sunday! That is chickenshit stuff....and most cops I know would not cite someone who had no intent to break the law but was merely passing through. Be well.

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Re: Long gun transporting laws....

Postby Honda181 » Sun Nov 03, 2013 7:18 am

I talked to a kern county sheriff about this because I just bought a Jeep and I'm no longer able to keep my gun inside my truck and the ammo in the bed so I wad at a loss of what to do. He told me that technically I would have to strap my guns to the top of my car if I wanted to hunt. He also said that he didn't know a single police officer who would hassle a hunter with a legitimate liscense and if I wanted to be extra safe to keep the ammo in a locked box. That was in kern county so take it for what you want.
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Re: Long gun transporting laws....

Postby 3200 man » Sun Nov 03, 2013 8:10 am

So not having a gun while going to a GOV OFFICE MEANS ? You'll have to have your gun in a locked case on your bike
going back to the refuge office ? it will be chained to your bike and the ammo in a locked container , even with a CCW ? :huh:

Where do these Clowns come-up with all this SH-- ? With all these crappy laws , do they really think this will stop some
Crazy person from going after them for taking away thier.......freedom ? I hope Not !

When laws were made to stop crooks in the old-days......they worked by punishment ( making little rocks out of Big ones
with a sledge-hammer ) , now days they get reduced time and free Medical treatment / food/ lodging for watching TV in
a Temperature controlled room !
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Re: Long gun transporting laws....

Postby steelheadmike » Sun Nov 03, 2013 9:17 am

Honda181 wrote:I talked to a kern county sheriff about this because I just bought a Jeep and I'm no longer able to keep my gun inside my truck and the ammo in the bed so I wad at a loss of what to do. He told me that technically I would have to strap my guns to the top of my car if I wanted to hunt. He also said that he didn't know a single police officer who would hassle a hunter with a legitimate liscense and if I wanted to be extra safe to keep the ammo in a locked box. That was in kern county so take it for what you want.


This is FUD. While in a vehicle, the only place you can't have ammo is in the gun. It makes no difference what kind of car you have. While a lot of LEOs know the firearms laws well, a lot don't. If it's a handgun, all you need is a locked container. The ammo can be in the same container, just not in the gun. For long guns, don't drive with rounds in the mag or chamber.
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Re: Long gun transporting laws....

Postby ShootThemInTheEye » Sun Nov 03, 2013 11:30 am

steelheadmike wrote:
Honda181 wrote:I talked to a kern county sheriff about this because I just bought a Jeep and I'm no longer able to keep my gun inside my truck and the ammo in the bed so I wad at a loss of what to do. He told me that technically I would have to strap my guns to the top of my car if I wanted to hunt. He also said that he didn't know a single police officer who would hassle a hunter with a legitimate liscense and if I wanted to be extra safe to keep the ammo in a locked box. That was in kern county so take it for what you want.


This is FUD. While in a vehicle, the only place you can't have ammo is in the gun. It makes no difference what kind of car you have. While a lot of LEOs know the firearms laws well, a lot don't. If it's a handgun, all you need is a locked container. The ammo can be in the same container, just not in the gun. For long guns, don't drive with rounds in the mag or chamber.


From what I have gathered Steelheadmike you are correct....LONGGUNS and ammo can be together as long as it's not in OR attached to the gun....Like those shell/bullet holders things on your stock...

I for one don't trust all the different LEO's to follow the spirit of the law so I am going to follow the letter. This way I will have the upper hand in any encounter.....What this means to me is always carry the shotgun in a case even when bringing it to the car and to follow the federal law keep the gun in a locked case on a long drive....FYI most any drive in an urban are will put you within 1000 feet of a school zone so for me the money spent on a locking case for piece of mind is worth it...I believe it is legal to lock the gun to the rack as well but I think it will be easier for me to get a case....This is from CALGUNS I wish all laws were worded so straightforwardly

Transporting








It is legal to transport your handgun to anyplace where it is legal to possess.

It is legal to transport your long gun to anyplace where it is legal to possess.

The usual problems one must avoid are
carry loaded in public, without a license to carry; this is avoided by keeping ammunition out of the gun.
carry a handgun concealed, without a license to carry; this is avoided most easily by using a completely enclosing locked container.

Penal Code provides an exemption for transporting a handgun concealed; typically one uses a completely enclosed locked container to transport an unloaded handgun. Trigger locks, cable locks and other devices are not useful to avoid violating the concealed weapon law.

Other than 'not in the gun', there are NO regulations on transporting ammunition. Ammunition may be carried in that locked container, in magazines or speed loaders, anywhere in a vehicle, so long as no ammunition is actually in the gun.

The container may be carried anywhere in a vehicle; transport is not restricted to a trunk.

Aside from 'registered assault weapons', California requires only that long guns be unloaded when transported - no lock or case required. Federal law regarding school zones requires that long guns be in a locked container or a locking gun rack while passing through those 1000 foot zones.

Other than 'assault weapons', for vehicle transport there are no 'destination' or 'route' limits so long as it is legal to possess a firearm en route or at the destination.

BEGINNING JANUARY 1, 2013 Long guns must be transported in a completely enclosing case when not in a vehicle; if the case is designed as a gun case, no lock required. If the case is NOT designed as a gun case, must also be locked.
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Re: Long gun transporting laws....

Postby ShootThemInTheEye » Sun Nov 03, 2013 11:41 am

3200 man I believe if you go with the letter of the law your gun needs to be cased and unloaded while in public areas....Last I looked no school zones on the refuges so no locks required.....I think hunting areas are considered "destinations" so it is possible you don't need the case but can't find anything on that for sure.

Another interesting point I found is that long guns are not considered concealable weapons so I am pretty sure a CCW permit doesn't apply to long guns in any way....Someone with more knowledge on this care to comment?
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Re: Long gun transporting laws....

Postby quack-attack » Sun Nov 03, 2013 3:42 pm

ShootThemInTheEye wrote:
steelheadmike wrote:
Honda181 wrote:I talked to a kern county sheriff about this because I just bought a Jeep and I'm no longer able to keep my gun inside my truck and the ammo in the bed so I wad at a loss of what to do. He told me that technically I would have to strap my guns to the top of my car if I wanted to hunt. He also said that he didn't know a single police officer who would hassle a hunter with a legitimate liscense and if I wanted to be extra safe to keep the ammo in a locked box. That was in kern county so take it for what you want.


This is FUD. While in a vehicle, the only place you can't have ammo is in the gun. It makes no difference what kind of car you have. While a lot of LEOs know the firearms laws well, a lot don't. If it's a handgun, all you need is a locked container. The ammo can be in the same container, just not in the gun. For long guns, don't drive with rounds in the mag or chamber.


From what I have gathered Steelheadmike you are correct....LONGGUNS and ammo can be together as long as it's not in OR attached to the gun....Like those shell/bullet holders things on your stock...

I for one don't trust all the different LEO's to follow the spirit of the law so I am going to follow the letter. This way I will have the upper hand in any encounter.....What this means to me is always carry the shotgun in a case even when bringing it to the car and to follow the federal law keep the gun in a locked case on a long drive....FYI most any drive in an urban are will put you within 1000 feet of a school zone so for me the money spent on a locking case for piece of mind is worth it...I believe it is legal to lock the gun to the rack as well but I think it will be easier for me to get a case....This is from CALGUNS I wish all laws were worded so straightforwardly

Transporting








It is legal to transport your handgun to anyplace where it is legal to possess.

It is legal to transport your long gun to anyplace where it is legal to possess.

The usual problems one must avoid are
carry loaded in public, without a license to carry; this is avoided by keeping ammunition out of the gun.
carry a handgun concealed, without a license to carry; this is avoided most easily by using a completely enclosing locked container.

Penal Code provides an exemption for transporting a handgun concealed; typically one uses a completely enclosed locked container to transport an unloaded handgun. Trigger locks, cable locks and other devices are not useful to avoid violating the concealed weapon law.

Other than 'not in the gun', there are NO regulations on transporting ammunition. Ammunition may be carried in that locked container, in magazines or speed loaders, anywhere in a vehicle, so long as no ammunition is actually in the gun.

The container may be carried anywhere in a vehicle; transport is not restricted to a trunk.

Aside from 'registered assault weapons', California requires only that long guns be unloaded when transported - no lock or case required. Federal law regarding school zones requires that long guns be in a locked container or a locking gun rack while passing through those 1000 foot zones.

Other than 'assault weapons', for vehicle transport there are no 'destination' or 'route' limits so long as it is legal to possess a firearm en route or at the destination.

BEGINNING JANUARY 1, 2013 Long guns must be transported in a completely enclosing case when not in a vehicle; if the case is designed as a gun case, no lock required. If the case is NOT designed as a gun case, must also be locked.


This is all correct. I hear the "ammo must be in a separate case" myth all the time. No truth to that at all.

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Re: Long gun transporting laws....

Postby Mallards Only » Sun Nov 03, 2013 8:56 pm

vbirddogs wrote:I wonder if you get your CCW permit if you can carry it almost everywhere you want in the truck, as long as it's concealed?

Definitely not on school grounds though.

You have to qualify with and list any weapons on your CCW permit. A long gun would not be allowed on the qualifying range, especially a shotgun.
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Re: Long gun transporting laws....

Postby bill in san jose » Sun Nov 03, 2013 9:43 pm

Here's what's on CA DOJ web site. No case, unloaded. No mention of not driving past a school.

SHOTGUNS AND RIFLES
Nonconcealable firearms (rifles and shotguns) 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. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code sections 30510, 30515, or 30520 must be transported in accordance with Penal Code sections 16850, 25610, and 30945, subdivision (g).

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


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Re: Long gun transporting laws....

Postby steelheadmike » Sun Nov 03, 2013 10:20 pm

bill in san jose wrote:Here's what's on CA DOJ web site. No case, unloaded. No mention of not driving past a school.

SHOTGUNS AND RIFLES
Nonconcealable firearms (rifles and shotguns) 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. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code sections 30510, 30515, or 30520 must be transported in accordance with Penal Code sections 16850, 25610, and 30945, subdivision (g).

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


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It's because is a federal regulation. California only addresses school zone laws with regard to handguns.
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Re: Long gun transporting laws....

Postby ShootThemInTheEye » Sun Nov 03, 2013 11:11 pm

Correct again steelheadMike....If anyone is so inclined check the gun free school zone act......It's the federal law that has the 1000 foot of a school locked container rule. Also known as S890
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Re: Long gun transporting laws....

Postby IK13 » Mon Nov 04, 2013 4:14 pm

slowshooter wrote:The other day I went to mail something at the post office. Normally would have tossed a gun in the back and headed out to skeet after mailing....

Had I not double checked I would have broken Federal law. No matter how you store them you can't even pull into the lot of a post office with a gun in your vehicle.

Took me an extra 10 minutes to get to the range, which is way better than taking a 15 year detour.


How would you ship a shotgun if you can't bring it to the post office?
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Re: Long gun transporting laws....

Postby LeakyW8ers » Mon Nov 04, 2013 5:06 pm

slowshooter wrote:The other day I went to mail something at the post office. Normally would have tossed a gun in the back and headed out to skeet after mailing....

Had I not double checked I would have broken Federal law. No matter how you store them you can't even pull into the lot of a post office with a gun in your vehicle.

Took me an extra 10 minutes to get to the range, which is way better than taking a 15 year detour.


Hmmm. This I find odd as it kind of conflicts with one of the methods for validating your deer tag. Don't the regs require you to validate at the first opportunity at either a fire station, post office, or by a F&W warden? Be hard to stop at a post office to get your tag validated if you can't bring your gun home with you as well. Here are the except of the regulations from the mammal hunting booklet page 9:

Image

I guess the buddy system also means that your buddy must drive separately for you to stop to validate your harvest so he can take your gun home with him.
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Re: Long gun transporting laws....

Postby slowshooter » Mon Nov 04, 2013 5:34 pm

Hey good news. The law changed a few months ago. I remember when the ban went into place... It sucked large.

http://www.cnn.com/2013/07/11/us/guns-post-office/index.html
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Re: Long gun transporting laws....

Postby bill in san jose » Mon Nov 04, 2013 7:48 pm

I was at Starbucks today to meet somebody, and there were 2 Mountain View police there. I asked about the federal law prohibiting driving within 1,000 feet of a school unless the long rifle was in a locked case, and they'd never heard of it, nor would they enforce it if really was a federal law.

Do you have a link to the law, and who would enforce it if not the local police?


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Re: Long gun transporting laws....

Postby ShootThemInTheEye » Mon Nov 04, 2013 10:02 pm

Here you go Bill, Any federal Law enforcement officer could enforce this but the one the worries me is the FWS those guys play hardball. Good to see that post office one got thrown out .This one was repealed once but came back. what I really hate about this stuff is normal do the right thing guys like most of us hunters have no idea what the right thing is. Same with the hunting/fishing regs they are so convoluted most guys have no clue what's legal... I think they like it that way

The Gun-Free School Zones Act

The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone.1 The GFSZA also prohibits any person from knowingly, or with reckless disregard for the safety of another, discharging or attempting to discharge a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the person knows is a school zone.2 The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.3

Exceptions to the possession prohibition include:
•Firearm possessors licensed by the state or locality to possess the gun, whose law requires that before the person obtains a license, state or local law enforcement verify that the person is qualified to receive the license;4 or
•Where the firearm is:
•Unloaded and in a locked container or locked firearms rack on a motor vehicle;5 or
•Unloaded and possessed while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.6

Exceptions to both the possession and discharge bans include:
•Where the firearm is possessed for use in a program approved by a school held in the school zone, or in accordance with a contract entered into between a school and the individual or an employer of the individual;7 or
•Where the firearm is possessed or used by a law enforcement officer acting in his or her official capacity.8

The GFSZA originally was enacted as part of the Crime Control Act of 1990. The GFSZA was eventually challenged as an unconstitutional exercise of congressional authority under the Commerce Clause of the U.S. Constitution. In United States v. Lopez, the Supreme Court struck down the law on the grounds that the Act regulated neither commercial nor interstate activity.9

Following the ruling in Lopez, Congress re-enacted the GFSZA in 1996, correcting the statute’s defects identified by the Supreme Court in Lopez as violative of the Commerce Clause. The original GFSZA contained the same prohibitions as the 1996 revision, except the newer version added language to apply the law to any firearm “that has moved in or that otherwise affects interstate or foreign commerce.”10 Challenges to the new statute have been unsuccessful.11
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Re: Long gun transporting laws....

Postby bill in san jose » Tue Nov 05, 2013 3:18 pm

I'm having difficulty imagining USFWS officers staking out a public school in N San Jose to "catch" hunters driving past a school going hunting. Second, their job is to enforce game laws.

I'd say it's as improbable as them enforcing federal immigration laws going after the Mexican nationals soliciting day labor in front of the Home Depots- and stopping pickups driving by a school next door.

There are bigger things to worry about, but the most probable situation is getting pulled over by a law enforcement officer for some vehicle code violation, and I don't believe they will write a ticket for a federal law they're not trained to enforce.

But thanks for the information, it was an interesting discussion I had with the Mt View police officers.


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Re: Long gun transporting laws....

Postby IK13 » Wed Nov 06, 2013 3:30 pm

bill in san jose wrote:I'm having difficulty imagining USFWS officers staking out a public school in N San Jose to "catch" hunters driving past a school going hunting. Second, their job is to enforce game laws.

I'd say it's as improbable as them enforcing federal immigration laws going after the Mexican nationals soliciting day labor in front of the Home Depots- and stopping pickups driving by a school next door.

There are bigger things to worry about, but the most probable situation is getting pulled over by a law enforcement officer for some vehicle code violation, and I don't believe they will write a ticket for a federal law they're not trained to enforce.


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