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Saym14
01-14-2010, 8:12 PM
12025, 12026, 12031 PC - its legal to have a concealed or open rifle in a car as long as it is unloaded and aummunition is not attached to the rifle in any way.

If I understand case law, a full mag NOT attached to the rifle but nearby is still considered UN-loaded. as long as the mag is not in the rifle. is that correct?

ke6guj
01-14-2010, 8:14 PM
Correct, per People v. Clark.
http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California

AndrewMendez
01-14-2010, 8:19 PM
Correct, per People v. Clark.
http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California

Why not give someone a chance to think?? I am curious, do you have these copied somewhere, where you can reference them quickly?? This is not the first time you have done this. Maybe "if" I grow up, I can be like you.

Cokebottle
01-14-2010, 8:19 PM
Correct.
You can have the rifle sitting buried in a pile of 500 loaded mags and it would be legal ;)

MrClamperSir
01-14-2010, 8:23 PM
12025, 12026, 12031 PC - its legal to have a concealed or open rifle in a car as long as it is unloaded and aummunition is not attached to the rifle in any way.

If I understand case law, a full mag NOT attached to the riflebut nearby is still considered loaded. as long as the mag is not in the rifle. is that correct?

It is considered NOT LOADED. People v. Clark

paul0660
01-14-2010, 8:25 PM
Andrew, just start a folder for "gun law" favorites.

saym, your post did not make any sense:

a full mag NOT attached to the rifle but nearby is still considered loaded. as long as the mag is not in the rifle.

AndrewMendez
01-14-2010, 8:27 PM
Andrew, just start a folder for "gun law" favorites.


I dont even think if I had something like that, would I have been able to post something this fast. But, new folder time.

ke6guj
01-14-2010, 8:27 PM
Why not give someone a chance to think?? I am curious, do you have these copied somewhere, where you can reference them quickly?? This is not the first time you have done this. Maybe "if" I grow up, I can be like you.

ha ha.

nope, don't have them copied somewhere. I usually just look up the PC when I need it. I remember the URL to www.atf.gov and ag.ca.gov/firearms where I can usually find the pertinant code. wiki.calgunsfoundation.org is good for finding stuff as well. And sometimes I'll look for an old post of mine that I that answered the question and then copy/paste it. Oh, and www.hoffmang.com/firearms has some good docs stored there.

louscamaro91
01-14-2010, 8:27 PM
Well hold up what kind of rifle?

louscamaro91
01-14-2010, 8:28 PM
Not an BB'ed OLL with mags that hold more than 10 rounds

ke6guj
01-14-2010, 8:37 PM
Not an BB'ed OLL with mags that hold more than 10 rounds

Are you trying to say that one couldn't transport an OLL if they also had 11+round mags, loaded, separate from the rifle? why not? Because it could be assembled as an AW? There is no constructive possesion of an AW. Its not an AW until an 11+ round fixed mag is installed. Now, if one only had 11+ round mags available, and no <11-round mags with that BB'ed rifle, as long as the mag wasn't inserted into the rifle, it wouldn't be illegal, but it wouldn't be the smartest thing to do.

tombinghamthegreat
01-14-2010, 8:37 PM
You can have the rifle open carried or concealed and have the loaded mags/ammo right next to the gun, even touching like a shell holder on a shotgun, as long as it is not in a place like a mag well to be fired from(people vs clark).

this should address all of your questions.
http://wiki.calgunsfoundation.org/index.php/FAQ#How_do_I_legally_transport_a_handgun.3F

Librarian
01-14-2010, 8:44 PM
Why not give someone a chance to think?? I am curious, do you have these copied somewhere, where you can reference them quickly?? This is not the first time you have done this. Maybe "if" I grow up, I can be like you.

Also, almost all of this stuff is pretty well documented on the Wiki - in this case, see http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California#People_v._Clark.

AndrewMendez
01-14-2010, 8:50 PM
Also, almost all of this stuff is pretty well documented on the Wiki - in this case, see http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California#People_v._Clark.

ha ha.

nope, don't have them copied somewhere. I usually just look up the PC when I need it. I remember the URL to www.atf.gov and ag.ca.gov/firearms where I can usually find the pertinant code. wiki.calgunsfoundation.org is good for finding stuff as well. And sometimes I'll look for an old post of mine that I that answered the question and then copy/paste it. Oh, and www.hoffmang.com/firearms has some good docs stored there.



Thank You.

louscamaro91
01-14-2010, 9:00 PM
Are you trying to say that one couldn't transport an OLL if they also had 11+round mags, loaded, separate from the rifle? why not? Because it could be assembled as an AW? There is no constructive possesion of an AW. Its not an AW until an 11+ round fixed mag is installed. Now, if one only had 11+ round mags available, and no <11-round mags with that BB'ed rifle, as long as the mag wasn't inserted into the rifle, it wouldn't be illegal, but it wouldn't be the smartest thing to do.



Ok I didn't know. I though the Hi-Cap magazine's that held 11+(more than 10) was an issue with BB'ed OLL even being transported together was a no go..But I can how that wouldn't make sense...And yes I understand that you CAN'T use you pre-ban Hi-Cap's in you BB'ed OLL. If it's a OLL with evil features it can't have anymore than 10 rounds period, but you CAN use your Hi-Cap's in a feature-less OLL...What is so hard to understand that? I had a gun shop employee trying to tell me that his BB'ed OLL lower was legal with Hi-Cap's he owned before the ban.. I directed him here because he didn't believe me, What an idiot...Gun shop employee's are never wrong right!???

DedEye
01-14-2010, 9:00 PM
12025, 12026, 12031 PC - its legal to have a concealed or open rifle in a car as long as it is unloaded and aummunition is not attached to the rifle in any way.

If I understand case law, a full mag NOT attached to the rifle but nearby is still considered loaded. as long as the mag is not in the rifle. is that correct?

Not correct, as others pointed out and cited.

Also, I hate you so much it hurts. (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_removable_magazines_for_rifles_have_ammuni tion_in_them.3F)

Saym14
01-14-2010, 9:08 PM
Andrew, just start a folder for "gun law" favorites.

saym, your post did not make any sense:

thanks - corrected. but apparently everyone knoew what I meant! ;)

louscamaro91
01-14-2010, 9:08 PM
Wow that calguns wiki is freaking awesome.I'm going to print that out and take it with me everywhere I go!!

DedEye
01-14-2010, 9:11 PM
Wow that calguns wiki is freaking awesome.I'm going to print that out and take it with me everywhere I go!!

Spread the word and help update it. It is very much a work in progress.

Saym14
01-14-2010, 11:45 PM
next time I will read the wiki before I post - I promise!!!!