Road trip to California + handgun + no chl = ??? - DFWstangs Forums
 
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post #1 of 18 (permalink) Old 08-23-2010, 02:42 PM Thread Starter
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Road trip to California + handgun + no chl = ???

I'm going on a road trip towards the end of September by myself. I wanted to know what legal consequences I might face, carrying a handgun without a CHL. I think i'll be fine in Texas, but not sure if AZ, NM and Cali have similar laws.

I'm just Leary driving along i-10 and stopping for gas in the middle of the night. I'd like some peace of mind.

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post #2 of 18 (permalink) Old 08-23-2010, 02:44 PM
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Arizona and New Mexico have open carry laws, so you technically dont have to go concealed.
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post #3 of 18 (permalink) Old 08-23-2010, 02:46 PM
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AZ and NM shouldn't be an issue, CA could be though. You might want to start here:

http://www.handgunlaw.us/

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post #4 of 18 (permalink) Old 08-23-2010, 02:56 PM Thread Starter
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Thanks for the link.

NM i seem to be fine.

Quote:
Q. I will be traveling through New Mexico in a private automobile, are there any laws that address the issue
of having a gun in my automobile?
A. New Mexico law allows a person to have a concealed loaded firearm in his/her vehicle (including
motorcycles and bicycles). If you are not licensed to carry concealed in this State, you may not have the
weapon concealed on your person when you exit your vehicle or motorcycle.
AZ - Seems questionable. I Think i'm ok but not sure. Someone care to elaborate?

Quote:
RV/Car Carry Without A Permit/License
13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:

1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed
on his person; or

F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster
which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons
which scabbard or case is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this
section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is
carried within a means of transportation or within a storage compartment, trunk or glove compartment of a
means of transportation.
Cali - Looks like i'm screwed. I guess, i'll keep the gun unloaded and the ammo in a locked glove compartment.

Quote:
RV/Car Carry Without A Permit/License
You must have a Permit/License to carry a loaded handgun in any vehicle.

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post #5 of 18 (permalink) Old 08-23-2010, 03:03 PM
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Quote:
Originally Posted by BpuTacoma View Post
Thanks for the link.

NM i seem to be fine.



AZ - Seems questionable. I Think i'm ok but not sure. Someone care to elaborate?



Cali - Looks like i'm screwed. I guess, i'll keep the gun unloaded and the ammo in a locked glove compartment.
AZ looks good. It pretty clearly says you are exempt of it's in a vehicle. CA you will probably just need to unload it and transport the weapon seperate from the ammo as you said. Like ammo inside the car, gun in the trunk I wouldn't just do glove box and interior of vehicle.. Keep in mind they have capacity laws for magazines and just possessing one is a crime. I would do more research on CA if I were you.

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post #6 of 18 (permalink) Old 08-23-2010, 03:10 PM Thread Starter
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Upon further research recommended by Chili....

Quote:
Large Capacity Magazines
With limited exceptions, California law prohibits any person from manufacturing, importing into the state,
keeping for sale, offering or exposing for sale, giving, or lending any large capacity magazine. Cal. Penal
Code 12020(a)(2), (b). A "large capacity magazine" is defined as any ammunition feeding device with the
capacity to accept more than ten rounds, but does not include any .22 caliber tube ammunition feeding
device, any feeding device that has been permanently altered so that it cannot accommodate more than ten
rounds, or any tubular magazine that is contained in a lever-action firearm. Section 12020(c)(25). California
does not ban the possession of large capacity magazines.
Sooo i SHOULD be ok. Or shall i just pack my 10 round mags instead of the 12 round ones. lol.

But technically, a cop could be a dick and say, i was "Importing them into the state".....i think i'll play it safe.

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post #7 of 18 (permalink) Old 08-23-2010, 03:22 PM
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I would just take the 10 rounders to be safe as you never know who might be interpreting the law. NM and Ariziona are cool. Keep it in your car or strap it on your hip (concealded carry laws have changed for AZ, no permit required). When you get 1/8 mile from the cali border, stop and lock it in a box in your trunk. Don't take it out unless you are in someone's house. Or take your chances.

I hate going to California and try to avoid it if possible. Not only does it endanger my life, I hate feeling like a criminal while there and being almost honored as a citizen in AZ, NM, CO, UT, and TX.

Wayne in FW
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post #8 of 18 (permalink) Old 08-23-2010, 03:28 PM
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<<~~~~~ moved from cali 3yrs ago

take the 10rd mags. gun must be in a locked case separate from ammo and magazines. IE: Gun in trunk, ammo and/or magazines in container in the passenger area. Now fwiw i almost always had a loaded concealed pistol in my car and never got caught.

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post #9 of 18 (permalink) Old 08-23-2010, 03:56 PM
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Quote:
Originally Posted by BpuTacoma View Post
Cali - Looks like i'm screwed. I guess, i'll keep the gun unloaded and the ammo in a locked glove compartment.
Nope, the gun cannot be accessible by the driver compartment, period, and it has to be locked up.

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

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post #10 of 18 (permalink) Old 08-23-2010, 05:01 PM
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Quote:
Originally Posted by BpuTacoma View Post
I'm going on a road trip towards the end of September by myself. I wanted to know what legal consequences I might face, carrying a handgun without a CHL. I think i'll be fine in Texas, but not sure if AZ, NM and Cali have similar laws.

I'm just Leary driving along i-10 and stopping for gas in the middle of the night. I'd like some peace of mind.
It's a FELONY if you get caught in California with it, FYI.

I wouldn't risk it.

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post #11 of 18 (permalink) Old 08-23-2010, 08:01 PM
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Road trip to California + handgun + no chl = ???.
And the answer is The Raven???




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post #12 of 18 (permalink) Old 08-23-2010, 08:05 PM
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Originally Posted by evil jose View Post
And the answer is The Raven???
LMAO! Zing..

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post #13 of 18 (permalink) Old 08-23-2010, 08:41 PM
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LMAO! Zing..
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post #14 of 18 (permalink) Old 08-23-2010, 08:52 PM Thread Starter
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Nope, the gun cannot be accessible by the driver compartment, period, and it has to be locked up.

http://www.ag.ca.gov/firearms/travel.php
Ooh. Should i bring my factory sig box and lock the unloaded gun in it, and put it in the trunk? Once i get close to Cali-nazi-fornia?

Quote:
Originally Posted by Dacotua View Post
It's a FELONY if you get caught in California with it, FYI.

I wouldn't risk it.
Eeekkk....I hope locking it in the trunk will be ok.

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post #15 of 18 (permalink) Old 08-23-2010, 10:15 PM
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Dude they have to stop you first to be able to make sure you are carrying while in the car... By the time they stop you and you pull over, that gun should be in the glove compartment.

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post #16 of 18 (permalink) Old 08-24-2010, 07:04 AM
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Originally Posted by Mr_fiux View Post
Dude they have to stop you first to be able to make sure you are carrying while in the car... By the time they stop you and you pull over, that gun should be in the glove compartment.
Yeah, cause rummaging through the vehicle to move a loaded handgun is exactly what I want to be doing with a cop behind me..

Moving around too much and stashing stuff while getting pulled over is pretty much a sure way to get your vehicle searched.

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post #17 of 18 (permalink) Old 08-24-2010, 09:09 AM
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Quote:
Originally Posted by BpuTacoma View Post
Ooh. Should i bring my factory sig box and lock the unloaded gun in it, and put it in the trunk? Once i get close to Cali-nazi-fornia?
Exactly.


Quote:
Eeekkk....I hope locking it in the trunk will be ok.
You'll be fine, and in the small likelyhood that you get stopped and searched, you'll be legal. Print out a copy of that link to show the officer(s) if you're really that nervous about it.


Quote:
Originally Posted by Mr_fiux View Post
Dude they have to stop you first to be able to make sure you are carrying while in the car... By the time they stop you and you pull over, that gun should be in the glove compartment.
Not worth a FELONY imo.


Quote:
Originally Posted by Chili View Post
Yeah, cause rummaging through the vehicle to move a loaded handgun is exactly what I want to be doing with a cop behind me..

Moving around too much and stashing stuff while getting pulled over is pretty much a sure way to get your vehicle searched.
Exactly.


Screw you Jose.

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post #18 of 18 (permalink) Old 08-24-2010, 11:32 AM
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screw you jose.
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