....make it a misdemeanor with specified penalties if a person

carries an unloaded firearm that is not a handgun outside a motor vehicle

in an incorporated city or city and county and the person at the same

time possesses ammunition capable of being discharged from the

unloaded firearm that is not a handgun, and the person is not in lawful

possession of the unloaded firearm that is not a handgun, as specified.



This is an interesting passage. By my interpretation, if a LEO stops someone with an unloaded rifle in their vehicle & ammo in the car with plans to shoot at a range this could be grounds for an arrest. After all, without long gun registration how can 'lawful possesion' be established at the side of the road?



It would appear that if someone is stopped in such a situation and the LEO is either having a bad day or his cheif wants some press on 'getting guns off the street', this would be a way to arrest a citizen simply transporting his weapons two and from a range. While a misdemeanor charge probably won't stick if a competent defense attorney does their job, the weapon still stays in the hands of the authorities and the citizen still spends their own money on the legal defense.



Another passage specifically defines a "locked case":

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.







And indeed, the 4th Amendment appears to be just as dead as the 2nd.



Refusal to

allow a peace officer to inspect a firearm pursuant to this section

constitutes probable cause for arrest for violation of this section.





This law also authorizes arrest for violation of this section if the officer simply *suspects* unloaded open carry took place even if the violation did not happen in front of the LEO.



Notwithstanding paragraphs (2) and (3) of subdivision (a)

of Section 836, a peace officer may make an arrest without a

warrant:

39

(1) When the person arrested has violated this section, although

not in the officers presence.

(2) Whenever the officer has reasonable cause to believe that

the person to be arrested has violated this section, whether or not

this section has, in fact, been violated.

(h) A peace officer may arrest a person for a violation of

paragraph (6) of subdivision (c), if the peace officer has probable

cause to believe that the person is carrying a handgun in violation

of this section and that person is not listed with the Department of

Justice pursuant to paragraph (1) of subdivision (c) of Section

11106 as the registered owner of that handgun.



Be careful transporting long arms to the gunsmith in downtown Anywhere California. Just transporting a shotgun to the gunsmith or FFL without a box or case can get one jailed:

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.

(b) (1) Except as specified in paragraph (2), a violation of this

section is a misdemeanor.





Say hello to "authorized deviations", whatever those may be.Hope someone in the California DOJ can explain it, because this legislation does not.



(c) When the firearm is either in a locked container or encased

and it is being transported directly between any place 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.