Author Topic: Are visitors allowed Mini-14s in CA?  (Read 314 times)

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Offline hans g./UpS

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Are visitors allowed Mini-14s in CA?
« on: April 09, 2005, 07:40:00 AM »
Are visitors allowed to have Mini-14s ,in their vehicles,while touring California?
A friend is thinking of driving west during the summer in his pick up.
Thanks.

Offline FWiedner

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Are visitors allowed Mini-14s in CA?
« Reply #1 on: April 09, 2005, 08:30:22 AM »
A mish-mash of selected CA gun laws...

CHAPTER 2.3. ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989

ARTICLE 1. GENERAL PROVISIONS
 
12275. This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004.

12275.5.(a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 12276 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.

12280. (a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.

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Penal Code 12001

(j) For purposes of Section 12023, a firearm shall be deemed to be "loaded" whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person.

Penal Code 12023

(a)Every person who carries a loaded firearm with the intent to commit a felony is guilty of armed criminal action.
(b) Armed criminal action is punishable by imprisonment in a county jail not exceeding one year, or in the state prison.
 
Penal Code 12025.

(a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

Penal Code 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.
 
Penal Code 12030

(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.
 
Penal Code 12031.

(a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

Penal Code 12034.

(a) It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 12031 of this code or Section 2006 of the Fish and Game Code.

California law has a gray area, a de facto quasi-right-to-carry. The state law provides that carrying a concealed weapon (including a knife or blackjack) is a FELONY, however, a clear exception exists. If you are carrying a gun (not a knife!) AND it was legally purchased AND you are not a gang member (yes, there is a statutory definition of gang member) AND it is your first such arrest, then concealed carry is a misdemeanor. A typical fine is $200.

If you do not have a Concealed Carry Permit issued by a California Sheriff or Law Enforcement Agency you can not transport a loaded firearm in a vehicle or on your person in California.

If you do not have a California CCW Permit the unloaded firearm must be in a locked box in the trunk or in a locked box (Not the glove box or console) inside the vehicle. If transporting a firearm in California it must be legal for you to possess that firearm under California Law.

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Looks like a Mini-14 with a 5-round magazine doesn't count as an assault rifle, but it has to be carried locked outside of the passenger compartment and unloaded.  But, I'm not a lawyer or an LEO from CA so don't take my word for it.

Ask someone from CA.  Intrepidwizard might be a good source.

Good luck.


 :grin:
They may talk of a "New Order" in the  world, but what they have in mind is only a revival of the oldest and worst tyranny.   No liberty, no religion, no hope.   It is an unholy alliance of power and pelf to dominate and to enslave the human race.