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  #1  
Old 12-04-2019, 01:09 PM
AustinWiseGuy AustinWiseGuy is offline
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Gotta drive to California

I understand last July there've been changes to CA's firearms and ammo laws. I'm currently on the CA OAG site and I see that "any" firearm can be transported in to the state as long as I'm driving directly to where I will be staying. Once there, I'll stow my firearm away until I'm ready to depart the state.

Question for any of you lawyers or residents of the state who might know: Can I still legally bring in my ammo? I'll have both the unloaded gun/mags and the ammo locked in separate TSA-approved locked safes.

Am I missing anything?
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  #2  
Old 12-04-2019, 02:20 PM
tjpaxton tjpaxton is offline
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Regarding transportation of firearms:

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.

Regarding importation of ammunition into CA: From what I understand, the law is inclusive of CA residents. I don't see any restrictions of Texas residents bringing ammo into CA. Look at exemption (b)(13)

CA Penal Code 30368. (a) Commencing July 1, 2019, a resident of this state shall not bring or transport into this state any ammunition that he or she purchased from outside of this state unless he or she first has that ammunition delivered to an ammunition vendor in this state for delivery to that resident pursuant to the procedures set forth in Section 30366.
(b) Subdivision (a) does not apply to any of the following bringing or transporting into this state any ammunition:
(1) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.
(2) A person who is on the centralized list of federal firearms licensees maintained by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.
(3) A gunsmith as defined in Section 16630.
(4) A wholesaler as defined in Section 17340.
(5) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.
(6) An ammunition vendor.
(7) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
(8) Authorized law enforcement representatives of cities, counties, cities and counties, or state or federal governments for exclusive use by those government agencies if, prior to the importation, the person has written authorization from the head of the agency authorizing the acquisition of that ammunition. Proper written authorization is defined as verifiable written certification from the head of the agency, or designee, by which the person is employed, identifying the employee as an individual authorized to acquire and import ammunition, and authorizing the transaction for the exclusive use of the agency by which he or she is employed.
(9) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn member of a federal law enforcement agency who is authorized to carry a firearm in the course and scope of the officer’s duties.
(10) A contract or common carrier or an authorized agent or employee thereof, when acting in conformity with applicable federal law.
(11) A person who purchases the ammunition from an immediate family member, spouse, or registered domestic partner if the person brings or transports into this state no more than 50 rounds.
(12) The executor or administrator of an estate that includes ammunition.
(13) A person that at the time he or she acquired the ammunition was not a resident of this state.
(14) Ammunition that is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.
(15) A licensed hunter who purchased the ammunition outside of this state for use in a lawful hunting activity that occurred outside of this state if the person brings or imports no more than 50 rounds into this state and the ammunition is designed and intended for use in the firearm the hunter used in that hunting activity.
(16) A person who attended and participated in an organized competitive match or league competition that involves the use of firearms in a match or competition sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms, and the person brings or imports into this state no more than 50 rounds of ammunition designed and intended to be used in the firearm the person used in the match or competition.

Informative video here: https://www.youtube.com/watch?v=zsb0RRw72xw

Last edited by tjpaxton; 12-04-2019 at 03:59 PM.
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  #3  
Old 12-04-2019, 02:24 PM
John Joseph John Joseph is offline
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My understanding is that as an out of state resident you can bring in your personal ammo, but Californians can not (no idea if, as a CCW holder, if I leave the State if I can bring the ammo loaded in my firearm back in to CA upon my return---or how that could be proven!) I do not know if out of state residents can purchase ammo inside CA but my guess is no since you're likely not on the CA-DOJ's "list."
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  #4  
Old 12-04-2019, 03:50 PM
TRSOtto TRSOtto is offline
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How would anyone know???

Shoot, shovel and shutup.
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  #5  
Old 12-04-2019, 04:47 PM
magazineman magazineman is offline
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You're fine, Buddy. No problem. Bring your guns & ammo.

But do not bring mags that hold more than 10 rounds.
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  #6  
Old 12-04-2019, 05:48 PM
magazineman magazineman is offline
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Where ya going in CA?
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  #7  
Old 12-04-2019, 06:18 PM
AustinWiseGuy AustinWiseGuy is offline
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Thx guys. That makes .. no sense .. but such is life in California. But definitely less-than 10 rd mags for sure.

MagMan: Way back, I'm a Californian by birth (Texan by choice). Family is in the now-occupied territory of the OC. My mom's getting pretty bad, 96 and in really bad health now. Need to get out there to visit and hauling about a 100 lbs worth of photo albums. So, it's going to be me, the truck and the road.
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  #8  
Old 12-04-2019, 07:30 PM
scubadad scubadad is offline
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Quote:
Originally Posted by AustinWiseGuy View Post
Thx guys. That makes .. no sense .. but such is life in California. But definitely less-than 10 rd mags for sure.

MagMan: Way back, I'm a Californian by birth (Texan by choice). Family is in the now-occupied territory of the OC. My mom's getting pretty bad, 96 and in really bad health now. Need to get out there to visit and hauling about a 100 lbs worth of photo albums. So, it's going to be me, the truck and the road.
Safe travels my friend. Prayers for you and your family.
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  #9  
Old 12-04-2019, 10:25 PM
AustinWiseGuy AustinWiseGuy is offline
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Thx all. And thx TJPAXTON for the reference. Im going to print that and keep it in the gun vault just in case.
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  #10  
Old 12-05-2019, 01:47 AM
L84CABO L84CABO is offline
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You can bring your ammo. You can't sell it while you're here...you can give it away but not sell it.

Your gun will need to be unloaded and transported in a locked container. The trunk counts as a locked container. Keep it out of the glovebox and center console.

Mags can be loaded but not inserted. The mags don't need to be locked but they can be locked in the same container as the gun, again, just not inserted. BUT...this doesn't mean you will get a cop that actually knows the law. Best to keep the loaded mag in a different container or on your console, on your person, etc. So you could have a quick access safe on the passenger seat with your gun in it and the mag on your center console. In this manner you could probably access your gun and charge it in a few seconds if you needed to. Obviously this isn't ideal but it's better than nothing.

NOTE: You cannot bring in ANY mags that hold more than 10 rounds. You can't simply load a 15 round mag to 10 rounds. The mag needs to be "permanently" blocked.

Safe trip!
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  #11  
Old 12-05-2019, 05:50 PM
AustinWiseGuy AustinWiseGuy is offline
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Got a call from Virginia Landry, CA gun attorney. Virginia confirms what you've all mentioned here and a couple other points. I'll summarize:

1. Less than 10 round magazines only.
2. Keep unloaded firearm and mags in separate locked vault from ammo.
3. Do not drive closer than 1000 feet from any designated school zone.
4. Do not drive anywhere else other than directly to your place of stay. She says this is extremely important. No deviation.
5. Unless you are there for competition, do not bring excessive ammo. Just enough for your personal use.

Thanks for everyone's help!
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Last edited by AustinWiseGuy; 12-05-2019 at 05:53 PM.
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  #12  
Old 12-05-2019, 07:14 PM
magazineman magazineman is offline
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No, less than 11 rounds only. Meaning 10 is okay.

Yes, I'm actually gonna second-guess a lawyer on the subject of law:

You can deviate all you want. In-N-Out Burger, horse track, taffy factory, doesn't matter. That no deviation thing, for your handgun, is hooey.

And the "no driving within a 1000 feet of a school" is baloney too. There's an exception for guns being legally transported in vehicles. ---------- Duh!

Otherwise no gun could go anywhere. Your lawyer needs to do some learnin' on this, or just admit she doesn't know & refer you to a gun law knowledgeable attorney. Or just look on the Calguns site.
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  #13  
Old 12-05-2019, 07:22 PM
magazineman magazineman is offline
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This BS about CA gun laws, that gets repeated online, is one of the reasons that people think CA is nuts.

Yes, our gun laws suck. But they suck on their own. False exaggerations run rampant & are just bad for everyone.

I've seen posts here where people ask "can you even HAVE a gun in CA?" meaning that plenty of folks believe the baloney.

AusinWiseGuy ----------- Enjoy your trip here best you can. although the circumstances are unpleasant. I wish your Mom well.
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  #14  
Old 12-05-2019, 11:39 PM
Tarmy Tarmy is offline
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Your biggest concern should be stowing the locked gun so some asshole doesn’t break into your car if you are getting something to eat or inside at at gas station. The homeless/ thieves do the smash and grab at shopping centers and parking lots a lot these days...do not leave luggage/computer/camera bag out in sight in the truck...or be very careful when your not in the truck.

As Mag Man said...take care of your family...the rest of our crazy laws have been addressed above.

The mags are the most likely issue with most out of state folks....no cans either!
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  #15  
Old 12-06-2019, 01:15 AM
johnireland johnireland is offline
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If you are in a car and it has a locked trunk you will be in better shape than if you are in a pickup truck. If you are in a pickup truck, place the locked container holding the gun behind the driver's seat. That puts it as far away as possible from your being able to access it. And again, make sure the ammo is in its own locked container. If you are in a truck, I would not leave the gun in the cab unattended.
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  #16  
Old 12-06-2019, 08:03 AM
Plantar5 Plantar5 is online now
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Cased, unloaded and “not readily accessible “ was the way LE explained it to me.
Ive got a crew cab pickup, and as long as the above are satisfied, the back seat floor is fine.
Ive been using zip ties to lock Ammo cans and gun cases lately traveling to and from, vs the key lock nonsense. Oh yeah, try not to get stopped...
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  #17  
Old 12-06-2019, 01:11 PM
RickD427 RickD427 is offline
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California has a couple of "Quirky" gun laws that folks sometimes inadvertently run afoul of. There's a couple of places in the state where the enforcement posture is gonna see you arrested for minor and inadvertent violations. Here's a couple of key points to remember:

1) California has a "Safe Handgun" roster. It only applies to FFL dealer sales and to weapons imported by residents. A legally configured weapon can imported by a visitor without regard to the roster.

2) California defines any semi-auto with a detachable magazine and a threaded barrel as an "Assault Weapon" and a felony to possess. That definition covers a lot of traditional "Assault Weapons", but it also includes a 1911 with a compensator.

3) California defines "Short Barrel Shotgun" differently that the feds. The outcome is that weapons like the Taurus Judge and other pistols that can fire shotshells is that they are "Short Barrel Shotguns" in California and a felony to possess.

4) California has two different definitions of "loaded" with regard to weapons. The general definition of "Loaded" is where there is a round in the firearm that can be fired through the normal manipulation of the weapon. Where this definition applies, there is no need to carry your ammunition in a separate container. The key court case on this one was where a gent had shotgun rounds in a buttstock sleeve. The court found that weapon to be unloaded. However, there are a couple of instances (specified government buildings, portions of the city of Sacramento, gun shows, and where a weapon is carried with intent to commit a felony) where the special definition applies. Under the special definition, a weapon is loaded if there is ammunition accessible to the person possessing the firearm. Even a separate locked container may not help.

5) Be aware that the simple, and unaggravated, carrying of a concealed weapon, or carrying of a loaded weapon (first time offense) is a felony. It's the type of felony that a prosecutor can reduce to a misdemeanor, but there is no guarantee. In the urban counties, it ain't gonna happen without a plea-bargain. Both offenses are misdemeanors only if the weapon is registered to the offender in the California DOJ database.
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