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View Full Version : DOES AMMO AND FIREARM NEED TO BE SEPARATED ???


lil_jackal
02-28-2012, 1:18 PM
like the title says , i had someone tell me that you need both separated in a vehicle ? i always thought that you can have a long gun with ammo near it as long as the gun itself is not loaded and it doesn't need to be in a lock case , i know for handguns it needs to be locked and can have a loaded mag with it as long as its not in the firearm itself , is this true im confused here ! :confused:

CALI SHOT DOC
02-28-2012, 1:25 PM
You can transport any type of firearm with ammo as long as:
1) loaded magazine is not in the magwell
2) weapon has a round in the chamber

I preload all my mags and place them in the side holders of my rifle case and go. However I transport all that stuff in my truck locked just so there is no issue if i ever got pulled over (cop can't say it's not secured since a locked trunk is considered safe)

lil_jackal
02-28-2012, 1:32 PM
You can transport any type of firearm with ammo as long as:
1) loaded magazine is not in the magwell
2) weapon has a round in the chamber

I preload all my mags and place them in the side holders of my rifle case and go. However I transport all that stuff in my truck locked just so there is no issue if i ever got pulled over (cop can't say it's not secured since a locked trunk is considered safe)

i keep getting the you have to have the firearm in the trunk and ammo in the glovebox answer by cops ... :confused:

shy 7th
02-28-2012, 1:52 PM
You can transport any type of firearm with ammo as long as:
1) loaded magazine is not in the magwell
2) weapon has does not have a round in the chamber
...

FTFY

BigFatGuy
02-28-2012, 1:54 PM
2) weapon has a round in the chamber


I'm sure this was a typo, and Doc meant "weapon DOES NOT have a round in the chamber.

ammo in the glove box and gun in the trunk is not a legal requirement. I actually keep a printout of the CHP FAQ from their website that states the ammo can be in the locked box as long as it is not chambered or the magazine is not inserted with every gun case I own.

Kodemonkey
02-28-2012, 1:55 PM
i keep getting the you have to have the firearm in the trunk and ammo in the glovebox answer by cops ... :confused:

Well, that's wrong. Give them the www.calguns.net address and ask them to read a little. Or, go to the CA DOJ page and read the FAQ:

http://caag.state.ca.us/firearms/travel.php

Or, ask them to show in the Penal Code where it states the loaded mags be in the glovebox. Ask them what to do if you don't have a trunk...

Locked, and unloaded. Locked can be in a locked container. A trunk that is inaccessible from the passenger compartment is considered a locked container.

DON'T USE THE CABLE LOCK THAT CAME WITH THE GUN. It's a child safe lock and not suitable to be used for transport. The gun needs to be in a container.

A gun is loaded when ammunition is in the gun in "a position to be fired". a magazine next to the gun but not in it is still not loaded. A magazine in the same container locked up with the gun is still unloaded as long as the magazine is not in the magazine well.

axel4488
02-28-2012, 1:56 PM
and cops are knowledgeable of the laws they enforce? I have my 3 mags loaded locked in the same container as my UNLOADED GUN. Last time I checked, a magazine is incapable of firing ammunition by itself.

Librarian
02-28-2012, 2:02 PM
And see also the wiki -- http://wiki.calgunsfoundation.org/Transporting

lil_jackal
02-28-2012, 2:06 PM
damn thanks you guys you made headache instantly go away , time to start printing papers and having copies in the car , and i thought cops suppose to know the law ! what do you have to do ?! walk in and your hired ? ( just a joke don't take it serious ! )

d4v0s
02-28-2012, 2:10 PM
Not all leos are up on the current laws. The court case people v. Clark defined the term loaded as in the chamber or magwell.

I carry around a copy just to show folks the case and how its not illegal to carry ammunition next to, or in the same compartment or even rifle case as the gun.

I got this load of bull from three gun shops this weekend, sometimes I grow tired of having to educate these people. Not to mention the several times I corrected the guy at shooters paradise on BS he spread to customers.

In short, your clear to do it. You might want to just unload them before going to a range or gun shop to avoid being haggled.

Kodemonkey
02-28-2012, 2:12 PM
damn thanks you guys you made headache instantly go away , time to start printing papers and having copies in the car , and i thought cops suppose to know the law ! what do you have to do ?! walk in and your hired ? ( just a joke don't take it serious ! )


Having copies of the PC and/or printouts from the DOJ is a good idea. I have a gunvault nano to transport my handgun :

http://www.gunvault.com/handgun-safes/nano-vault.html

Underneath the foam I have a copy of the DOJ FAQ I posted earlier and a copy of PC 626.9 that talks about the Gun free School zone act of 1995. Specifically section C2 is highlighted.

I don't want to get in a pissing match with a cop on the side of the road. Having printed material on hand is helpful and if done respectfully can help educate the LEO that isn't well versed in the code.

I also keep copies of memos for my bullet button S&W MP15 in the case it travels in.

lil_jackal
02-28-2012, 2:13 PM
Not all leos are up on the current laws. The court case people v. Clark defined the term loaded as in the chamber or magwell.

I carry around a copy just to show folks the case and how its not illegal to carry ammunition next to, or in the same compartment or even rifle case as the gun.

I got this load of bull from three gun shops this weekend, sometimes I grow tired of having to educate these people. Not to mention the several times I corrected the guy at shooters paradise on BS he spread to customers.

In short, your clear to do it. You might want to just unload them before going to a range or gun shop to avoid being haggled.

why ! why cant people stop spreading such BS ! some worker at turners told me that , and said anything over 10 rounds is illegal and i should turn them in .... :mad: not the first time i hear this !

Kodemonkey
02-28-2012, 2:17 PM
Not all leos are up on the current laws. The court case people v. Clark defined the term loaded as in the chamber or magwell.

I carry around a copy just to show folks the case and how its not illegal to carry ammunition next to, or in the same compartment or even rifle case as the gun.

I got this load of bull from three gun shops this weekend, sometimes I grow tired of having to educate these people. Not to mention the several times I corrected the guy at shooters paradise on BS he spread to customers.

In short, your clear to do it. You might want to just unload them before going to a range or gun shop to avoid being haggled.

I've run into the gun shop FUD multiple times and when cornered with the truth, the typical response is that it "isn't a good idea". Well, is it the law or isn't it?

If a cop wants to run me in on something that is clearly legal, like transporting a gun in a locked container unloaded with a loaded magazine in the same container...then let's just say I will be happy to be a test case. The law is pretty darn clear.

lil_jackal
02-28-2012, 2:20 PM
The law is pretty darn clear.

it is ! but they wont accept the truth even with evidence and try to convince you that your wrong ... that's the frustrating part of it :mad: damn it !

warkaj
02-28-2012, 2:31 PM
some worker at turners told me that

Thats where you went wrong, you were at Turners. Because they sell great firearms there... never used... nope.. never. sure.

lil_jackal
02-28-2012, 2:34 PM
Thats where you went wrong, you were at Turners. Because they sell great firearms there... never used... nope.. never. sure.

i had no choice ! my local gun shop doesn't believe ak's are legal FORGIVE ME!:(

chim-chim7
02-29-2012, 12:05 AM
They are only somewhat right. Lots of AK-47's are now banned here. I have never been qustioned about keeping my ammo in the same container as my handgun. I just shrug off people who don't believe its legal. I don't care really what they think and its not worth arguing over.