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View Full Version : Did Hale make carrying a concealed loaded pistol mag illegal?


SteveH
01-02-2010, 10:30 AM
The ruling seems to imply that and I'm wordering after yesterday's open carry arrest in San Pedro.

curtisfong
01-02-2010, 10:40 AM
No.

hoffmang
01-02-2010, 10:42 AM
I've certainly stated in the past that one needs to be careful with magazines full of rounds when dealing with an unlocked, unloaded handgun. However, the case may be distinguished on facts of being in the passenger section of a car:
http://login.findlaw.com/scripts/callaw?dest=ca/calapp3d/43/353.html


"The carrying of concealed firearms is prohibited as a means of preventing physical harm to persons other than the offender." (People v. Jurado, 25 Cal.App.3d 1027, 1032 [102 Cal.Rptr. 498].) [2] In our opinion concealment of an essential component of a visible weapon, when done in such a fashion as to make the weapon readily available for use as a firearm, presents a threat to public order comparable to concealment of the entire firearm and falls within the prohibition of section 12025. [1b] In the light of the bizarre arsenal of weaponry Hale had installed around the driver's seat of his automobile, Officer Price had reasonable cause to suspect that a clip and ammunition for the automatic pistol might be hidden close at hand and to make a search for them.

One key here is that this is PC to search, not necessarily a crime.

-Gene

Spyder
01-02-2010, 10:44 AM
Hahaha...he said clip...

Librarian
01-02-2010, 10:57 AM
The ruling seems to imply that and I'm wordering after yesterday's open carry arrest in San Pedro.

... which is why most OCers are careful to carry such magazines exposed.

But the answer to your exact question is 'no'.

"loaded" is not relevant to Hale. The ruling merely has been (weirdly) interpreted to mean that the magazine is part of the gun, and thus if the magazine is concealed, the gun is concealed.

GrizzlyGuy
01-02-2010, 10:58 AM
Here is a direct link to the case (http://ca.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CCA%5CCA3%5C1974%5C19741120_0040106.CA.htm/qx%29), Gene's link seems to go to the login page.

sac550
01-02-2010, 11:17 AM
NO. Read the Cal crim (jury) instructions for 12025. Loaded magazine doesn't qualify as a gun. Carry all the loaded magazines you want.