From: lairdb@crash.cts.com (Laird P. Broadfield)
Subject: Re: Does This Law Make Sense
Organization: "Well, a head on top, an arm on each side, two legs...."
Date: 12 Oct 92 04:44:49 GMT

In <louislam.718657923@vincent2.iastate.edu> louislam@iastate.edu (Louis C Lam) writes:
>In <1992Oct8.194317.3609@photon.com> jbn@photon.com (Joe Naiman) writes:

>>According to California law (and probably the laws of many other states),
>>to transport a firearm it must be in a locked compartment, i.e., the
>>trunk of a car.

Point the first:  make that "container, e.g., the trunk of a car" for 
reasons to be seen shortly.

>>I've been trying to find out how one can legally transport a firearm in
>>a station wagon which has no locked trunk.

In *California*, by placing it in a locked *container*, e.g. a briefcase,
a suitcase, a zipped bag with a "travel lock" through the zippers, etc.

>>An NRA instructor told me
>>that if the gun is on the seat in plain view, it is not concealed, and
>>it's legal to transport it that way if the gun is unloaded.
>>Does this make sense:  if I have the gun wrapped and I can't easily get
>>to it, it's illegal, but if I have the gun where I can get to it, it's
>>legal.

As you say, this doesn't make sense.  Nor does it have any relationship
at all to California law.  If it is not in a locked container, or you
do not have a carry permit, you're toast.

>My friend, who lives in California, told me that Californians are allowed
>to put their guns in the glove box, as long as the gun is not loaded.  
>A gun is not loaded until the magazine is all the way in the gun, and the
>bullets can be shot.  This means that if you insert the magazine *almost*
>all the way, your gun is still not loaded.

More misinformation <sigh>.  The actual text of the law (PC12025 et seq.)
speaks of ammunition "...or attached in any manner to" the firearm.  I
would certainly construe this to include "resting loosely in the weapon,
but not snapped into place."  More importantly, so would any prosecutor,
who will have you in his jail while you go to trial to see how the 
judge feels about it.

Also remember the "locked" part.  You have to lock the glove box, or
it's not a "locked" container.

>Imagine how long would it take to pull an "unloaded" gun from the glove box,
>snap the magazine in, and fire!  I estimated that this should take less 
>than 5 seconds.

If it takes you five seconds, you haven't been practicing.  In any case,
the guy who's already pointing his at you shot you about seven times
while you were reaching.  Never mind digging out your keys to unlock
the locked glove box.

As I recall, Louis's original question had to do with transport across 
intervening states, and the correct reference has already been given once;
there is a federal law superceding state laws (subject to several 
restrictions) called something like "SAfe Interstate Transport Something",
go and look it up, or have your attorney do so, I've not had need of it
and thus not made myself familiar with it.


-- 
Laird P. Broadfield     lairdb@crash.cts.com    ...{ucsd, nosc}!crash!lairdb
Hi!  I'm a shareware signature!  Send $5 if you use me, send $10 for manual!
Newsgroups: rec.autos.driving