Handgunlaw.us & Long Guns in Vehicles (Update)

Gary Slider · #1 10-28-2014, 04:03 PM

I have been overwhelmed with emails on my posts asking for assistance on carrying a long gun in a vehicle laws/regs. I can’t say thank you enough for all the emails and replies with quality information. If I missed replying to your email I apologize! I believe I answered everyone but with so many it would have been easy to miss one. I ask for info on 29 different state specific Firearm Forums and a dozen non state specific Firearms Forums. Again Thank you!

I have started the process of assembling the information into one document and have been surprised at some of the poor wording in the statutes on long guns. In the Hunting Regulations they were much more understandable.
It will still be a couple months before I am finished. Holidays and Family come first! I will need your assistance again asking you to look at your state and give me feedback on your states entry. This has been more difficult that I believed it would be but seeing the feedback I have received the Sheepdogs out there are very interested in information on carrying a long gun in a vehicle!

Here is a link to the Draft Document. It is not complete. Any feedback you could give me at [email protected] would be greatly appreciated. Thank you AGAIN!

http://www.handgunlaw.us/documents/L...ftDocument.pdf

Erich · #2 10-28-2014, 04:57 PM

Gary, you're really doing the world a favor: thanks for everything.

ISCS Yoda · #3 10-28-2014, 05:23 PM

Thanks, Gary! FYI, I am fixing to attend a continuing legal education course this Friday on "What Lawyers Should Know about Texas Firearms Laws". I'll contact you next week about it.

***GRJ***

Earthquake Jake · #4 10-28-2014, 07:35 PM

When I was a kid lots of people around here had gun racks carrying shotguns in the rear window of their pickups.

Though it's still legal here, you never see it anymore.

The guns would be stolen almost instantly.

Oh how times have changed here in only 30-40 very short years.

How sad.

Brian41 · #5 10-30-2014, 12:19 PM

Thanks for what you're doing and did review what you posted about Michigan where I live. It appears to be accurate from what I know and another recourse to check is always welcome.
I'm thinking of adding a long gun to my vehicle and do want to stay legal with it as I live in a tricky state about them.

Cal44 · #6 10-30-2014, 01:45 PM

On the California entry, there is another wrinkle.

Although the laws you mention would seem to allow uncased long guns, there is also a rather strict "gun free school zone" law.

If you come within 1000 feet of a school, firearms must be locked up in the trunk.

I believe that law also applies to long guns as well as handguns.

If you drive anywhere in a city, you are bound to come within 1000 feet of a school.

Better check that issue when you finalize the California section.

Another California issue is if you have a long gun California considers an assault rifle, then it needs to be cased and locked and there are even restrictions on where you can go with it (back and forth to the range is allowed).

LenS · #7 11-05-2014, 10:17 AM

Gary, your info is correct wrt MA. For NH and ME, I am 99% certain that their hunting laws prohibit a loaded long gun in a motor vehicle at any time. I don't have reference material handy right now to verify this.

Gary Slider · #8 11-05-2014, 02:45 PM

Cal44, Are you talking about the 1000 foot federal law? California doesn't have a 1000 foot rule do they? Thanks and

Cal44 · #9 11-09-2014, 08:48 PM

Quote:

Originally Posted by Gary Slider

Cal44, Are you talking about the 1000 foot federal law? California doesn't have a 1000 foot rule do they? Thanks and

I think there is a California 1000 foot rule:

California's Gun-Free School Zone Act | Penal Code 626.9 PC

Rastoff · #10 11-09-2014, 09:42 PM

I've said it before, and I'll say it again now, the way laws are written SUCKS!

Now, having said that, I'd like to address this:

Quote:

Originally Posted by Cal44

If you come within 1000 feet of a school, firearms must be locked up in the trunk.

Sorry, but you missed something. There is indeed a 1,000' rule, but you must read the whole law. The part you missed was-

Quote:

Originally Posted by "CA Penal Code 626.9(2)

(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.

I highlighted the relevant sentence fragment.

I don't fault anyone for missing this. It's buried down in the weeds, but does indeed clearly state that, for purposes of transportation, the 1,000' rule doesn't apply. So, if you're just driving to the range or a legal hunting area, the "Gun-Free School Zone" issues are irrelevant.

Gary,
I have more about loaded vs unloaded, but I'll just send that to you in an email. No need to post it here.

Gary Slider · #11 11-09-2014, 09:50 PM

Thank you. I will go digging in the weeds!

Gary Slider · #12 11-09-2014, 10:01 PM

When someone tells you where all the weeds are makes it very simple to get through them. I will remove that reference about schools. Thank you. Just the kind of feedback I was looking for. Thank you Again!

Gary Slider · #13 11-09-2014, 10:05 PM

I thought I had schools listed as 1000 foot for CA but I don't. But I learned something. Their 1000 ft rule only applies to concealable firearms.

Cal44 · #14 11-09-2014, 10:32 PM

Quote:

Originally Posted by Gary Slider

I thought I had schools listed as 1000 foot for CA but I don't. But I learned something. Their 1000 ft rule only applies to concealable firearms.

Well, you may be right, but my CCW instructor said it applies to long guns also.

Be careful about practicing law without a license in interpreting these codes.

Try parking a car in front of a school with a rifle on the seat in California and see what happens. I wouldn't want to be the one who tests these non-lawyer legal interpretations.

I'm just trying to help, but perhaps I'm just confusing things more...

Gary Slider · #15 11-09-2014, 10:53 PM

You can be arrested anytime. Just like the school employee who was arrested for carrying a concealed handgun in a CA school with a CA Permit/License. He was arrested then cut loose real quick when they found out it was perfectly legal under CA Law.

From CA Penal Code:
626.9.

(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.

(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).

(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:

(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful.

(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle.

This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.

From the Calguns Foundation FAQs

Do I need to transport a long gun in my trunk or other locked container?

No, except:

When traveling through Gun Free School Zones Federal law requires long guns to be in a locked container or a locked gun rack.

Rastoff · #16 11-09-2014, 11:26 PM

It is not my intention to send this "down the rabbit hole", but here we go...

Quote:

Originally Posted by Cal44

Well, you may be right, but my CCW instructor said it applies to long guns also.

Please be careful about what an instructor says. I'm a CCW (now LTC in CA) instructor too. I always start my classes with, "I've done a lot of research in the law, but I could still be wrong. In court, the defense, 'But Rastoff told me...' won't help you at all." I always encourage my students to research the law for themselves. When I state that something is law, I always include the PC address. Without that, any statement is just FUD.

So, the statement, "My instructor said..." has no value unless you have the code to go along with it. If you have the code, you don't need to preface with, "My instructor said..." so, I will help us all out with this...

CA law is completely silent on transportation of long guns that aren't assault weapons. The only actual law we can reference is a federal one, 18 U.S. Code § 922 (q), which states that any gun must be unloaded and in a locked container, or a locked firearms rack that is on a motor vehicle.

That's the only real law on this subject. It's not California specific and it applies to all. If anyone can find any California law regarding transportation of long guns, other than what's been posted above, I'd love to see it. I'm not picking on you Cal44. It's just that when it comes to the law, it pays to be specific and post the code.