Governor Brown Signs AB527 Into Law - Long Gun OC Prohibition Effective January 2013

[xwindowuser]

So what exactly does this mean for us?

Does this mean I cannot carry my long gun anymore? Trying to read the law itself and getting confused.

Are there areas I can carry? How do I get frmo point A to point B with my shotgun or rifle?

Thanks

 

[mjones]

Does this mean I cannot carry my long gun anymore? Trying to read the law itself and getting confused.
Are there areas I can carry? How do I get frmo point A to point B with my shotgun or rifle?

Generally speaking, unless you meet an exemption to the law, Unloaded Open Carry of a Long Gun in CA is illegal.

A good rule of thumb is that it may only be exposed while at a place where it is legal to shoot.

Transportation of a long-gun now requires that it be enclosed in a case for transport. If the case is 'designed to carry a gun' it doesn't need to be locked. If the case is not a gun-case, the case must be locked.

 

[oc4ever]

are you sure?

Generally speaking, unless you meet an exemption to the law, Unloaded Open Carry of a Long Gun in CA is illegal.

A good rule of thumb is that it may only be exposed while at a place where it is legal to shoot.

Transportation of a long-gun now requires that it be enclosed in a case for transport. If the case is 'designed to carry a gun' it doesn't need to be locked. If the case is not a gun-case, the case must be locked.

So are you saying that a shotgun being transported in a vehicle unloaded (and not in a GFSZ) in a locked, but gun exposed , shotgun rack is now illegal? I missed where the law says that, can you kindly point it out to me.

 

[mjones]

So are you saying that a shotgun being transported in a vehicle unloaded (and not in a GFSZ) in a locked, but gun exposed , shotgun rack is now illegal? I missed where the law says that, can you kindly point it out to me.

I am not aware of any exemption which would make it not illegal. See below...

PC 26400 makes it illegal to open carry an unloaded long gun without an exemption

26405.
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.


16850. As used in Sections 17740, 23925, 25105, 25205, and 25610,
in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4, in Chapter 6 (commencing with Section 26350)
of Division 5 of Title 4, and in Chapter 7 (commencing with Section
26400) of Division 5 of Title 4, "locked container" means a secure
container that is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.

16505. For purposes of Chapter 7 (commencing with Section 26400)
of Division 5 of Title 4, a firearm is "encased" when that firearm is
enclosed in a case that is expressly made for the purpose of
containing a firearm and that is completely zipped, snapped, buckled,
tied, or otherwise fastened with no part of that firearm exposed.

 

[Save Our State]

I am not aware of any exemption which would make it not illegal. See below...

PC 26400 makes it illegal to open carry an unloaded long gun without an exemption

26405.
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.


16850. As used in Sections 17740, 23925, 25105, 25205, and 25610,
in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4, in Chapter 6 (commencing with Section 26350)
of Division 5 of Title 4, and in Chapter 7 (commencing with Section
26400) of Division 5 of Title 4, "locked container" means a secure
container that is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.

16505. For purposes of Chapter 7 (commencing with Section 26400)
of Division 5 of Title 4, a firearm is "encased" when that firearm is
enclosed in a case that is expressly made for the purpose of
containing a firearm and that is completely zipped, snapped, buckled,
tied, or otherwise fastened with no part of that firearm exposed.

No sir. 26400 contains this "outside a vehicle". If you are inside a vehicle, the long gun does not have to be cased or locked, with the exception of the school zone bit

 

[mjones]

No sir. 26400 contains this "outside a vehicle". If you are inside a vehicle, the long gun does not have to be cased or locked, with the exception of the school zone bit

Very True - I was approaching the conversation with the thought that the long-gun would also have to be transported into and out of a vehicle. Yes there, there are a certainly ways to get a long-gun into a vehicle without being 'in public'

So, I stand corrected, presuming that one gets the long-gun in/out of the vehicle in a legal manner, it would be legal to have the long-gun displayed openly in a rack (locked for the purposes of passing through a federal GFSZ)

 

[oc4ever]

MJones, Thanks for clarifying

Very True - I was approaching the conversation with the thought that the long-gun would also have to be transported into and out of a vehicle. Yes there, there are a certainly ways to get a long-gun into a vehicle without being 'in public'

So, I stand corrected, presuming that one gets the long-gun in/out of the vehicle in a legal manner, it would be legal to have the long-gun displayed openly in a rack (locked for the purposes of passing through a federal GFSZ)

Ok, just trying to save some misinformation from being used. Long guns are still a viable means of self defense while traveling in California. Outside a GFSZ, they can be "loose"and unlocked in the passenger compartment as long as they are unloaded. My vehicle has a electric controlled shotgun rack/lock hidden next to the drivers door. It can not be seen (or easily removed without knowing where the hidden switches are(which takes two points of activation). Nor can the shotgun be taken apart or disassembled to get it out of the vehicle the way I have it secured and positioned, keeping it (and me) very safe. Ammo is attached to the side of the gun ready to load as needed. This is the new reality of armed defense away from home until the law changes for me. The only reason that gun is coming out is to use it, and at that point I am within my right s of self defense, or to remove it at my house.
I am just seeing who is going to be the first to come up with such a rig on a motorcycle. That is as close to open carry as we are getting to at this point. A (nasty black) long gun attached to a motorcycle is going to get alot of attention from our local friends who have the red and blue lights, but is legal as far as I can tell.

 

[Save Our State]

I am just seeing who is going to be the first to come up with such a rig on a motorcycle. That is as close to open carry as we are getting to at this point. A (nasty black) long gun attached to a motorcycle is going to get alot of attention from our local friends who have the red and blue lights, but is legal as far as I can tell.

This has been discussed, even with portantino's office. the current understanding is that a motorcycle has no "inside", and therefore a long gun is always "outside" the vehicle

 

[Ca Patriot]

No sir. 26400 contains this "outside a vehicle". If you are inside a vehicle, the long gun does not have to be cased or locked, with the exception of the school zone bit

I am reading this section differently than you are but I am confused.

26405.
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased AND it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

I think the key word in this section is the word AND. To me that clearly means that while the long gun is inside a vehicle being transported that it must be encased in some capacity.

 

[mjones]

I am reading this section differently than you are but I am confused.

26405.
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(c) When the firearm is either in a locked container or encased AND it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.

I think the key word in this section is the word AND. To me that clearly means that while the long gun is inside a vehicle being transported that it must be encased in some capacity.

As was pointed out above; 26400 only applies, "outside a vehicle", so I have difficulty applying an exemption to it for while inside a vehicle.

26400.
(a) A person is guilty of carrying an unloaded firearm that is not a handgun in an incorporated city or city and county when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in the incorporated city or city and county.

 

[marshaul]

You know why they call them assembly "members" now?

Because all they do is **** you.

Har har.

My sympathy goes out to my Californian-inhabiting brothers-in-arms. I've been there, it sucks.

I gotta say, if I still lived there, I'd have said "screw this" about a year ago and started carrying all the time illegally. I was almost at that point when I left.

Nobody follows any laws in California anyway. (And nobody who lives there is remotely surprised by this.) Meh.

 

[Robin47]

You know why they call them assembly "members" now?

Because all they do is **** you.

Har har.

My sympathy goes out to my Californian-inhabiting brothers-in-arms. I've been there, it sucks.

I gotta say, if I still lived there, I'd have said "screw this" about a year ago and started carrying all the time illegally. I was almost at that point when I left.

Nobody follows any laws in California anyway. (And nobody who lives there is remotely surprised by this.) Meh.

Not so fast Amigo ! We now see many Northstate "Constitutional Sheriffs".
What the Govenor Brown signed is totally Illegal,and null and void from the signing.
he violated the " Dick Act of 1902", and
there is no authority to enforce the AB144, the AB527, or the E-check.
The Obama has no authority, to enforce his gun opinions, and make they stick.
The Constitution IS here to protect us.
So it is time to nullify all these gun laws. The "Dick Act of 1902", can NOT be repealed !
In other words "Gun Control is Forbidden" !
So we need to get Involved, and show your own Sheriff's in your county, and get other
others Involved who believe in the Bill of Rights & Constitution !

Robin47