Another Transport Question

[Nsane1]

Well, I've searched till I'm blue in the face and figured it would be easier and quicker to just ask people from Cali. I'm going to be traveling through this summer from Nevada to Yosemite (KY resident). I'm wanting to bring my pistol for tent camping in Yosemite, just mainly for Bear precaution. I know my gun won't be effective against a bear but it is solely a last resort.

I know it is legal to carry in Yosemite and unlawful to fire. But my questions pertain to transport through California. First off my pistol is a Beretta 92FS which of course has the 15 round mags. Secondly our rental car is a hatchback, ie. no lockable trunk.

So, first question is this, will I be allowed to even carry my pistol through CA since it has a normal mag release. Also, if it legal, which I believe for a non-resident it is then will I be able to have the 15 rnd mags or will I have to purchase a 10 rd just for this trip.

Secondly, where would I be able to put my ammo/mag and gun in the car. I will have to buy a TSA approved locking case before I head out anyways so will this work? My main concern here is that I want to lock it in the glove box when we are not in the vehicle so it would be harder for theft.

Again, thanks for your help.

 

[NavyLCDR]

Well, I've searched till I'm blue in the face and figured it would be easier and quicker to just ask people from Cali. I'm going to be traveling through this summer from Nevada to Yosemite (KY resident). I'm wanting to bring my pistol for tent camping in Yosemite, just mainly for Bear precaution. I know my gun won't be effective against a bear but it is solely a last resort.

I know it is legal to carry in Yosemite and unlawful to fire. But my questions pertain to transport through California. First off my pistol is a Beretta 92FS which of course has the 15 round mags. Secondly our rental car is a hatchback, ie. no lockable trunk.

So, first question is this, will I be allowed to even carry my pistol through CA since it has a normal mag release. Also, if it legal, which I believe for a non-resident it is then will I be able to have the 15 rnd mags or will I have to purchase a 10 rd just for this trip.

Secondly, where would I be able to put my ammo/mag and gun in the car. I will have to buy a TSA approved locking case before I head out anyways so will this work? My main concern here is that I want to lock it in the glove box when we are not in the vehicle so it would be harder for theft.

Again, thanks for your help.

1. 15 round magazine illegal to possess in California. You can unload the magazine, pop the base plate off to disassemble the magazine and transport the parts. (I would keep the parts locked up in the case with the unloaded gun.)

2. Transportation through California is legal if the gun is unloaded and in a locked case. I would put the ammo and disassembled magazine parts in the same locked case and it does not get opened while in California for any reason. I would put the case out of sight.

3. Since the car does not have an external compartment, the locked gun case can be anywhere in the vehicle.

4. There is no such thing as a TSA approved locking case. TSA does not approve gun cases.

Link Removed

I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state?
California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.
If you have additional questions, contact the California Department of Justice at 916-227-3703.

Also, Federal law, Firearms Owners Protection Act, FOPA, overrides California law but makes no mention of magazines:
http://www.law.cornell.edu/uscode/text/18/926A

18 USC § 926A - Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[NavyLCDR]

BTW, isn't Yosemite National Park located fully within the boundaries of the State of California? You must abide by California State laws inside the park as well as outside the park.

And, if you are a Kentucky resident, travelling from Nevada to California, why are you asking this in the Colorado forum?

 

[apvbguy]

if you are a resident of KY and are PASSING THROUGH CA then the FOPA law comes into play, if you are staying in CA for any amount of time other than just passing through then you MUST follow CA laws which will not allow you to carry concealed and maybe even possession of a gun by a non resident is prohibited.
IMHO it appears that you should not bring your gun on this trip.

 

[NavyLCDR]

if you are a resident of KY and are PASSING THROUGH CA then the FOPA law comes into play, if you are staying in CA for any amount of time other than just passing through then you MUST follow CA laws

True. but I need 15 characters.

 

[Nsane1]

Thanks for the quick response. I also have no idea how this ended up in the Colorado forum as I distinctly posted in the California section.

Only question I have left is that Yosemite is a National park and therefore not technically in California as its a federal reserve. It states on the national parks website that firearms are legal to carry in all national parks.

But, truth be told it really seems like I'm about to just say forget it and leave my sidearm at home and just risk my family's life to the wilderness.

 

[NavyLCDR]

Only question I have left is that Yosemite is a National park and therefore not technically in California as its a federal reserve. It states on the national parks website that firearms are legal to carry in all national parks.

You might want to read that National Parks website a little bit more closely:

National Park Service Press Releases

WASHINGTON – A change in federal law effective Monday, February 22, allows firearms in many national parks. People who can legally possess firearms under federal and state law can now possess those firearms in the national parks in that state.

Notice the word is "many" National Parks and not "all" National Parks, and notice that state law does apply. The Federal law only did away with any additional restrictions in National Parks imposed by the Secretary of the Interior. The state laws of the state you are standing in at any particular time apply, inside or outside the National Park. If you want your pistol in California it has to be unloaded, locked in a case, and the >10 round magazines disassembled, regardless of if you are inside the gates to the National Park in California our outside the gates.