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Weapons Laws

Weapons Laws. AJ 042. Transportation of Firearms. You must have a Permit/License to carry a loaded handgun in any vehicle. Firearms.

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Weapons Laws

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  1. Weapons Laws AJ 042

  2. Transportation of Firearms • You must have a Permit/License to carry a loaded handgun in any vehicle.

  3. Firearms • The transportation or carrying of any pistol, revolver, or other firearm capable of being concealed upon the person by any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and is not within the excepted classes prescribed by Penal Code Sections 12021 or 12021.1

  4. Firearms • or Welfare and Institutions Code sections 8100 & 8103, provided that the following applies: • 1. the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment,

  5. Carrying Firearms • 2. and when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the firearm must be contained in a locked container while being physically carried. (Penal Code § 12026.1.)

  6. California Penal Code section 12025 • does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

  7. Locked Container • The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

  8. Locked Container • This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.

  9. California Penal Code Section 12026.1. • – See Handout

  10. OPEN Handgun Transport • You can transport a handgun unloaded if it is on the passenger seat next to a driver in a car, clearly visible, is 'open transport'.

  11. Open Transport • While legal, open transport is uncommon. Because this is uncommon, when transporting openly any interaction with law enforcement personnel could be uncomfortable.

  12. People v Hale • In People v Hale the CA Court of Appeals ruled that a loaded magazine concealed along with a firearm that does not contain any ammo is considered loaded.

  13. People v. Jurado • The carrying of concealed firearms is prohibited as a means of preventing physical harm to persons other than the offender." (People v. Jurado, 25 Cal. App. 3d 1027, 1032 [102 Cal. Rptr. 498].)

  14. In our opinion concealment of an essential component of a visible weapon, when done in such a fashion as to make the weapon readily available for use as a firearm,

  15. presents a threat to public order comparable to concealment of the entire firearm and falls within the prohibition of section 12025.

  16. SHOTGUNS AND RIFLES • Non concealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container .

  17. However, as with any firearm, non concealable firearms must be unloaded while they are being transported.

  18. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.

  19. License to Carry Firearms • The sheriff or a chief of police, or other head of a municipal police department or any city or county upon proof that the person applying is of a good moral character, that good cause exists for the issuance.

  20. The person applying is a resident of the count or spends substantial business time there and who has completed a designed training courses. • May issue a concealed weapons permit for a period of 2 years from the date of license.

  21. PC 12090 • Any person who changes, alters removes or obliterated the make, model, manufacturers number or other mark of identification including a distinguishing mark shall be punished by imprisonment in the state prison.

  22. Break out Groups • Group 1 – Minors in possession, purchase, and sales of firearms or BB guns. • Group 2

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