View Full Version : Loaded Mags

06-09-2009, 12:19 AM
I have heard that in some jurisdictions (SF & LA), if you have an unloaded handgun, but a loaded magazine(s), it still counts as a loaded weapon (well, the police interpret it that way). Is this true? I have been loading my magazines before going to the range in order to save some time at the range, but I lock up the magazines in one container and lock the guns in another.

06-11-2009, 3:46 PM
The gun and magazine in immediate vicinity was based on some old case law that has since changed. It only applies now when their is a gang type allegation and there is "intent to commit a crime" involved.

There are a lot of other factors that come into play such as sentence enhancements if other crimes are committed.

Jonathan Doe
06-11-2009, 3:54 PM
When I was working on the streets in early 90's, I believe the "vicinity" was considered loaded. Although, out of all the guns I saw on person during that time, I saw not one "vicinity" with loaded mag and empty gun, but all were loaded with loaded mag in the gun and a round in a chamber.

Glock Fan
06-11-2009, 3:57 PM
I can't imagine that walking down the street with a loaded mag in your pocket would be the same as carrying an actual loaded gun. Crazyness!

tazmanian devil dog
06-14-2009, 9:32 AM
It all boils down to this:

1. Don't push the loaded or unloaded thing to the edge of the envelope. By that I mean keep the ammo completely separate from the firearm. You can have your mags loaded, just keep them completely separate from the gun. I.e. unloaded gun in range bag with loaded mags in a separate ammo can or whatever.

2. When out in public with your firearms (going to and from the range or whatever) don't do or say anything stupid. Don't attract LEO attention. If you happen to get stopped, just be honest (LEO hates it when people lie to them) and courteous.

IF you follow this advice you shouldn't have any problems whatsoever.