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Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 1:36 pm
by baraco01
Just to update you guys..... 3 weeks ago, I posted here asking for advices regarding the trip. Well here I am, back home. No untoward incident happened.
Got stopped by a CHP for no reason. The officer just asked for my DL, registration, and insurance. When asked why I was stopped, he just answered "we're just checking"... and that's it. He never gave me any other explanation. I guess my out of state plate stood out on the highway "rlol" .I was wearing a H&K shirt and I guess that was the reason why he asked if I was carrying. Also, I have a Glock sticker at the back window. He probably was just waiting for me to say something like Yes. In reality, I was not carrying but merely transporting.I replied "No officer but I am transporting one and it is on a locked pistol case at the back of my minivan.". He never bothered to check it nor asked me if it was loaded or not. He went back to his cruiser and ran my info. After about 3 minutes, he came back and just told me to "Be safe and enjoy your time here in California."
What bothered me though before my trip was when I called the California Attorney General's Office - Bureau of Firearms to inquire about transporting a firearm. The lady I talked to surprised me when she said that it does not have to be a pistol case -- a backpack that is locked (zippers locked w/ padlock) will suffice. Also she informed me that if I want quick access to the firearm, I can actually have it in the front seat the console or on the dashboard as long as it is in plain view and unloaded and I will not get in trouble for that. She even said something like: You folks think that California is so strict -- we are not. :shock: Well, i didn't go thru that route. I made sure that before crossing the Cali state line from Arizona, I unloaded the firearm and locked it in the case. It just feels weird that the whole time we were in California, I didn't have anything on my waist exept for my cel phone case :lol: As for my way back.... again after crossing the Arizona state line, I was good to go w/ 1 in the chamber.

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 2:12 pm
by flb_78
yup, the new hotness for some gun owners in Cali is unloaded open carry. Many open carry an unloaded gun but keep a magazine on their belt.

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 6:46 pm
by WildBill
Baraco01 - I am glad that you had a good trip and made it safely back home. You should feel honored. While living in California for over 20 years, I never had a CHP pull me over "just checking" to see how I was doing. :cool:

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 8:55 pm
by glbedd53
He was just checking. He really wanted to hear you say goll darnit or shazaaaamm or somethin. Or maybe tell him how this is your first time out of Pigsnout, Texas and you ain't never seen such a huge freeway. By the way, did you present him with the ol CHL with the DL?

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 9:01 pm
by danpaw
I can think of very few good things that ever came out of California. Ronald Reagan is the only one that comes to mind. And of course the Californians that left California.

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 9:30 pm
by baraco01
glbedd53 wrote:He was just checking. He really wanted to hear you say goll darnit or shazaaaamm or somethin. Or maybe tell him how this is your first time out of Pigsnout, Texas and you ain't never seen such a huge freeway. By the way, did you present him with the ol CHL with the DL?

Just the dl. They don't honor any chl/ccw from other states anyway so there is no need for me to show him my chl. Since 2003, I take my kids to Cali at least twice a year. And this was my first time getting pulled over just to check on us. And yeah, I think I should feel honored hehehe. This was my first time to transport a firearm to Cali so it was kind of a little ''scary'' for me.

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 9:35 pm
by glbedd53
Yeah I know they don't honor it, I still would have had to hand it to him anyway.

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 9:39 pm
by cheezit
in the 33 years or so I lived there I never had an issue with transporting. I have been stoped just for being in the worng place and have even been stoped at night and only had to show the leo my work id. he had no intrest in even seeing my dl.
it was a 5 min talk about what are you doing in this hood. I simplily expalined to him I had just gotten off work (4am) and the road I normally travle was under consturction and this was the back way home.

Re: Just got back from a trip to Cali

Posted: Tue Aug 03, 2010 9:53 pm
by baldeagle
danpaw wrote:I can think of very few good things that ever came out of California. Ronald Reagan is the only one that comes to mind. And of course the Californians that left California.
Aw come on. To be fair, California has been the source of much that you used to post this. The Apple computer was invented in California. Network routing - Cisco - California. The Internet - California - yes, that's right - not Al Gore, California. Good wine (white zinfandel was invented there), Hollywood, Camp Pendleton (one of the largest Marine bases in the world), popsicles, Egg McMuffins, the computer mouse, wet suits, hula hoops, fortune cookies, the frisbee, lasers, television, insulin and much more were invented in California. California is the sole source of artichokes for the entire United States. Boysenberries were invented there at Knots Berry Farms. The Santa Monica pier is one of the most famous piers in the entire world. San Diego hosts one of the largest US Naval bases in the world and the largest military complex in the world.

There is much, much more, but we Americans have much to thank California for. Yes, their politics are anathema to many of us, but that doesn't mean we can't appreciate the many good things that come from California, including some of their natives who now call Texas home and post on this forum.

Re: Just got back from a trip to Cali

Posted: Wed Aug 04, 2010 12:31 am
by eddieconcarne
flb_78 wrote:yup, the new hotness for some gun owners in Cali is unloaded open carry. Many open carry an unloaded gun but keep a magazine on their belt.
As a recent California escapee, I can tell you that even the loaded mag is considered a loaded weapon in many jurisdictions. The CA DOJ said in a rather infamous 2008 letter posted around the net that it would be up to the interpretation of the local LE as to whether or not a loaded magazine would constitute a loaded weapon. And I can tell you from my experience that most CA cops would think it was. There are a lot of anti-gunners on the police force in this state, and outside of the open-carry-groups' pre-planned walk-arounds, I doubt very seriously that an individual alone could get away with open carry and a loaded magazine on their person in this state. Sad, but true.

Re: Just got back from a trip to Cali

Posted: Wed Aug 04, 2010 1:14 am
by nitrogen
I got back a few days ago from California as well. I miss it terribly there. I think California could use a bit of Texas sense before I can go back, though.

eddieconcarne: this is usually in response to a gun with a loaded mag but none in the chamber.
I know of no California jurisdiction that'd consider having a loaded mag outside of the weapon "loaded"

Re: Just got back from a trip to Cali

Posted: Wed Aug 04, 2010 1:53 am
by baraco01
nitrogen wrote:I got back a few days ago from California as well. I miss it terribly there. I think California could use a bit of Texas sense before I can go back, though.

eddieconcarne: this is usually in response to a gun with a loaded mag but none in the chamber.
I know of no California jurisdiction that'd consider having a loaded mag outside of the weapon "loaded"
:iagree: as long as the mag not in the weapon, I don't see any reason for a LEO to consider it loaded. California LEO's are not that dumb to get you for a loaded mag..... as long as its a 10-rounder or less. In fact the people I talked to (California Attorney General's Office and CHP) even said that they would not care how many loaded mags you have as long as it conforms w/ the 10-round or less.

As for going back w/ firearms, I definitely will. California is not as bad as I thought (when travelling or rather transporting a weapon). Besides, my kids love the state. Theme parks and the relatives are the reason why we keep on coming back ;-)

Re: Just got back from a trip to Cali

Posted: Wed Aug 04, 2010 2:17 am
by eddieconcarne
From GunWiki's section on California gun laws:
Some police officers regard any loaded magazine to be a loaded weapon. The reasoning which has been employed, is that because a magazine-fed gun will not function normally without a magazine installed, the magazine itself is a part of the gun. By this reasoning, a loaded magazine is a loaded weapon. This does not apply to stripper clips (see SKS) or en-bloc clips (see M1 Garand), however. This has been shown to be untrue in case law, however it remains a frequently held position amongst LEOs. See People vs Clark

Copy of a DOJ letter posted in the CalGuns forum after a user wrote for clarification on the "loaded magazine=loaded weapon" issue (emphasis mine):
Mr. XXXXX,

This is in response to your recent correspondence to the Bureau of Firearms, regarding driving in a motor vehicle with an exposed firearm and ammunition on your person. Many jurisdictions in California are beginning to interpret the term "loaded firearm" to include a loaded magazine, or a person with ammunition on his or her person, in the same vehicle as an otherwise legally transported firearm for which that ammunition is designed. This is a matter of interpretation of state law by local jurisdictions, and as such a matter most appropriately addressed with the local district attorney's office.

That said, you may want to refer to Section 12026.1 of the California Penal Code, regarding the transportation of a concealable firearm in a motor vehicle:

" 12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm: (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. (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container. (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter. (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device."

I hope this information is helpful to you. If you have any further questions or need further assistance, please contact the Bureau of Firearms at (916) 263 - 4887, or via e-mail.

Sincerely,

Brent George
Staff Services Analyst
California Department of Justice
Bureau of Firearms
Training, Information, and Compliance Section

(916) 263 - 4868


It is sad but true. In my experiences after 40 years of living in CA, I can tell you that most LEO that I have interacted with are opposed to the citizenry carrying anything even resembling a gun. I heard someone say recently that California gun laws were fast approaching Europe's. I've long held that they are worse. I leave this state in less than a week, and can't wait to get to the freedom loving republic of Texas.

Re: Just got back from a trip to Cali

Posted: Wed Aug 04, 2010 4:28 am
by Texas Dan Mosby
Hopefully you completed a thorough decontamination prior to crossing back over our border....


:biggrinjester:

Re: Just got back from a trip to Cali

Posted: Wed Aug 04, 2010 8:49 am
by WildBill
baldeagle wrote:
danpaw wrote:I can think of very few good things that ever came out of California. Ronald Reagan is the only one that comes to mind. And of course the Californians that left California.
Aw come on. To be fair, California has been the source of much that you used to post this. The Apple computer was invented in California. Network routing - Cisco - California. The Internet - California - yes, that's right - not Al Gore, California. Good wine (white zinfandel was invented there), Hollywood, Camp Pendleton (one of the largest Marine bases in the world), popsicles, Egg McMuffins, the computer mouse, wet suits, hula hoops, fortune cookies, the frisbee, lasers, television, insulin and much more were invented in California. California is the sole source of artichokes for the entire United States. Boysenberries were invented there at Knots Berry Farms. The Santa Monica pier is one of the most famous piers in the entire world. San Diego hosts one of the largest US Naval bases in the world and the largest military complex in the world.

There is much, much more, but we Americans have much to thank California for. Yes, their politics are anathema to many of us, but that doesn't mean we can't appreciate the many good things that come from California, including some of their natives who now call Texas home and post on this forum.

:iagree: Except for the part about white Zinfandel being a good wine. :biggrinjester: