Carrying a gun in your truck in California

you just can’t take it out of your house. Gotta be careful with this.

 

I was editing my post when you quoted me.

 

This isn't true, you can do any legal activity with an unregistered gun that you can do with a registered gun. If you do something illegal with it, the punishment is worse if it's not registered.

 

Interesting. Maybe I misunderstood, but my my sergeant was pretty adamant that I couldn’t

 

Gotta go to calguns. Cops, co-workers, gun stores, friends, family, are with all due respect almost guaranteed to have bad info with respect to CA gun law

 

CA PC is telling me it can’t be loaded in public and that an officer can arrest you if he/she has probable cause to believe that it is not registered to you

so that doesn’t sound like you can do anything with it you could do with a legal firearm.

 

I called the DOJ and the lady told me how to do it. I registered a 226 my family gave me. I checked, it’s on my list. I didn’t go thru a gun store. It’s all on their website.

 

If the firearm is yours.. read #25

 

A handgun actually can be loaded and carried openly unless you are in a municipality, or in a unincorporated part of a county that has an specific county ordinance against it. Most people don't know that, either. Carrying concealed w/out permit is a crime. There is a crime in carrying a gun registered to someone else... but no crime if it isn't registered at all.

It's totally crazy. My personal enforcement philosophy is "I don't give a fuck about these stupid laws" unless you are a thug, in which case I'll use the law to fuck you (or give you a baby bitch slap, since it is California post Prop 47 AB 109). Even in those situations I basically need a flow chart to figure out if someone has committed a crime or not.

 

hahahahaha!!! Great philosophy!! Most of the cops I know have a similar philosophy!

 

Source/link?

 

@MeefZah cleared it up for me.

 

I agree 100% with everything above

but this part has me digging through double checking what I've learned in the past. I was certain that failure to register was its own crime that is a one-time offense subject to a statute of limitations. In other words if you imported a gun, then failed to register it while keeping it hidden/locked away/out of sight out of mind for 2-3 years (whatever the S.o.L. is) you were at that point 100% in the clear even if you did admit to failing to register in the past. Even within the time period of the S.o.L. the only way to get in trouble would be to open your trap (or post online ) and get yourself in trouble because nobody can prove where the gun came from and you don't have to tell them.

I found these

https://www.calguns.net/calgunforum/showthread.php?t=238200

https://www.calguns.net/calgunforum/showthread.php?t=706315

which suggest I'm right and they do cite SOME pc in there but I'm not necessarily seeing anything that proves it. I did find this:

here (the section that deals with this):

http://www.oclaw.org/research/code/ca/PEN/12072./content.html

but I don't know what they mean by "except as provided...."

 

I'm thinking not... see the first line, line (6), and the very last line (source).

But it seems you have to be out of the state at the time of discharge? Or send in registration prior to discharge? Or something silly like bring the handgun out of the state before discharge, then bring it back into the state after discharge to buy yourself 60 days? Because per this (source),

the 60 days starts when you bring in the handgun, but the importer status starts upon discharge.

I don't know. I'm not a lawyer... this is why I do so much reading on Calguns. Mods and admins there are some actual lawyers there who know the stuff well.

https://www.calguns.net/calgunforum/showthread.php?t=1291160

https://www.calguns.net/calgunforum/showthread.php?t=285523

 

I also notice that they mention it's legal to possess regular magazines you owned prior to 2000 but fail to mention it's also legal to possess magazines purchased during freedom week. Fucker. He must be embarrassed that he got his ass handed to him in one of the most brutal shreddings of an opinion of all time (highly worth the read if you haven't, it will bring tears to your eyes).

 

I actually spent an inordinate amount of time poring through the PC trying to find the penal code as it pertains to a criminal violation for an unregistered gun. I was trying to put a case on a gangbanger that had an otherwise squeaky clean record (to that point) and his possession of the gun was pretty much all I had on him, plus I wanted to take that gat out of circulation. I even talked to one of the deputy DAs whose specialty is prosecuting gun crimes and he indicated that there is no criminal statue for possession of an unregistered gun. Incidentally he is who schooled me on the open carry thing, too, since most everyone in CA believes open carry is totally illegal.

The closest applicable penal codes have a requirement for some other criminal violation that piggybacks onto the possession of the gun - carry it concealed, for example. Purely being in possession of it if there is no other crime is not illegal.

Before I understood that, and just after we moved here 4 years ago, in an effort to stay legal I did register all my guns. The process is easy to do and there is no requirement to surrender them to a FFL for a waiting period. You can even import off roster guns. You fill out the form from the DOJ's site and send it in with your check for $19; keep your guns, and a month later you get confirmation and that's it. But knowing what I know now, I wouldn't register a gun here again unless it's bought here and then you don't really have a choice. It is a sticking point if the gun is already registered to someone else, then you have an issue if you possess it so I would transfer that sort of gun through a legit FFL transaction.

 

Same DDA I referenced in my above post indicates his office refuses to file charges on hi caps now since the burden of proof is on the state to prove they were not bought during that time. Another small win. Not so sure the more liberal DA's offices feel the same.