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View Full Version : Theoretical Q: Carrying Loaded Handgun in Car


Spotted Owl
08-09-2006, 8:57 PM
What if I'm at a range shooting my revolver and the cylinder jams with live ammo still in the gun? How do I legally transport it home and/or to a gunsmith?

grammaton76
08-09-2006, 9:32 PM
What if I'm at a range shooting my revolver and the cylinder jams with live ammo still in the gun? How do I legally transport it home and/or to a gunsmith?

If you can unscrew the cylinder from the gun and store it seperately for transport, I'd do so. I'm not sure it'd solve the legal transport issues, but at the very least it would probably show the officer you've taken precautions. Most likely they wouldn't go after you for that, even if they'd go after you for having it otherwise.

Remember, passing the attitude test with the officer is often more important than whether or not ou have an offense in the first place.

M. Sage
08-09-2006, 9:45 PM
Ahh, if it's the type of jam I'm thinking of, you won't get the cylinder out without a hammer...

Dunno what you should do in that situation, but as long as your attitude is proper with any LEO you come across... They should be able to understand that it's jammed up tight.

megavolt121
08-09-2006, 11:04 PM
Legally I think you are screwed. Of course, you might be able to get away with locking the cylinder up separately from the rest of the gun. Just don't bother telling the cop there is a problematic gun in your trunk. Don't give him a reason to search your car. If you realize you will be searched, just tell him what happened at that point.

anotherone
08-10-2006, 12:29 AM
As long as the gun is locked in your trunk I don't see why you would have a problem. The only thing you're likely to be pulled over for is a speeding or traffic ticket, in which case unless you're a suspect in a crime they won't be searching your vehicle. Do you have warrants for your arrest or something?

CalNRA
08-10-2006, 6:59 AM
As long as the gun is locked in your trunk I don't see why you would have a problem. The only thing you're likely to be pulled over for is a speeding or traffic ticket, in which case unless you're a suspect in a crime they won't be searching your vehicle. Do you have warrants for your arrest or something?

what if the theoretical person was DWB(driving while black)?:rolleyes:

Chaingun
08-10-2006, 7:17 AM
A responsibily of the officer is to unload the handgun:D , so there some free help;)

That's a reasonable exception to have a loaded firearm.

five.five-six
08-10-2006, 7:26 AM
what if the theoretical person was DWB(driving while black)?:rolleyes:

as you know dwb is a fellony and a seperate offence, the loaded gun would just be an enhansment...just make sure you avoid the "special curcimstance of "dwb in irvine" in which case you will need an O.J. dream team and you are screwed as cocrin is dead :mad:

HillBilly
08-10-2006, 9:55 AM
Playing the race card maybe?:rolleyes:

I don't believe cops hassle clean cut, well spoken people driving normal non-blinged out vehicles who happen to be black.

megavolt121
08-10-2006, 10:31 AM
Playing the race card maybe?:rolleyes:

I don't believe cops hassle clean cut, well spoken people driving normal non-blinged out vehicles who happen to be black.


You obviously haven't interacted with El Segundo PD....

HillBilly
08-10-2006, 11:22 AM
Black guys driving minivans wearing dockers listening to radio disney get stick time, do they?

Bishop
08-10-2006, 6:30 PM
Black guys driving minivans wearing dockers listening to radio disney get stick time, do they?

*cough* +1 *cough* ;)

VeryCoolCat
08-10-2006, 6:43 PM
no officer would bother as long as you're sure ITS JAMMED. When the officer pulls it out he won't be able to do much with it....

That would make it non-operational. A non-operational gun thats loaded.

You might as well have a blank firing replica loaded with blanks.

If it can't cycle/fire, then its not really "loaded" is it... thats like calling a knife a knife when it has a incapable of stabbing someone dulled blade.

guimus
08-10-2006, 9:36 PM
even if, through some horrible stroke of luck or stupid behavior, you manage to get your car searched and they find it and decide to arrest you, they still have to convince a DA, then a judge, then 12 peers, then a three judge panel, etc etc. At some layer or another you will encounter a reasonable person who will yell at the arresting officer and exonerrate you. The officer realizes this, and won't bother in the first place.

1BIGREK
08-11-2006, 5:53 AM
Letter of the law and spirit of the law....spirit of the law would win out here easily. If you took every precaution to store it properly ie lock it in a case etc, it is nothing to worry about and no trouble. Now if you carry it under the front seat or some other ridiculous area, good luck justifying its location vs. explaining why it is loaded with a jammed cylinder in the trunk while in its case and not readily accessible.

artherd
08-17-2006, 10:07 PM
At the point where the ammunition is not readily expendible from the weapon, you no longer have a "loaded gun" (crime), but you have a 'loaded' paperweight (curiosity.)

It is not illegal anymore if it cannot fire or be readily made to fire (ie racking a slide).

However you'll probally end up having to convince a judge (you should win.)

Fate
08-17-2006, 11:21 PM
You are more likely to get struck by lightning (in LA where it seldom strikes too!) than to:
1) experience such a jam and
2) get pulled over by a cop on the way home and
3) have your vehicle searched and
4) have the officer take you in for such a thing.

It's like worrying about "snakes on a plane". Ain't gonna happen. :rolleyes:

hoffmang
08-17-2006, 11:28 PM
And though we've been down this road before, the correct answer to "Do you have any guns in your car?" is "Officer, why have you pulled me over?"

-Gene