View Single Post
  #16  
Old 05-31-2008, 5:53 PM
Crazed_SS's Avatar
Crazed_SS Crazed_SS is offline
Veteran Member
 
Join Date: Dec 2005
Location: San Diego, California
Posts: 3,416
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Glin1216 View Post
removed
I've mentioned numerous times that LEOs (here in SD at least) might consider a unloaded gun and loaded mag a loaded gun. Usually I get people telling me I'm being a naysayer or whatever.

Im just trying to give you guys information so you know what you might experience. We all know what the law says, but the law isnt always black and white. If the law was as easy as "4 - 2 = 2", then we wouldnt need high priced lawyers to argue on our behalf.

I saw this post over over on the open-carry forums about a response from the DOJ about the unloaded gun and loaded mag issue. Sure it might be DOJ FUD, but it may explain why the Chino Hills Police seem to interepret Loaded in the same way as the San Diego Sherriff Dept.

http://opencarry.mywowbb.com/forum12/11082.html

Quote:
Mr. XXXXX,

This is in response to your recent correspondence to the Bureau of Firearms, regarding driving in a motor vehicle with an exposed firearm and ammunition on your person. Many jurisdictions in California are beginning to interpret the term "loaded firearm" to include a loaded magazine, or a person with ammunition on his or her person, in the same vehicle as an otherwise legally transported firearm for which that ammunition is designed. This is a matter of interpretation of state law by local jurisdictions, and as such a matter most appropriately addressed with the local district attorney's office.

That said, you may want to refer to Section 12026.1 of the California Penal Code, regarding the transportation of a concealable firearm in a motor vehicle:

" 12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm: (1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment. (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container. (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter. (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device."


I hope this information is helpful to you. If you have any further questions or need further assistance, please contact the Bureau of Firearms at (916) 263 - 4887, or via e-mail.

Sincerely,

Brent George
Staff Services Analyst
California Department of Justice
Bureau of Firearms
Training, Information, and Compliance Section

(916) 263 - 4868
Not every LEO or DA is going to interpret the law in the same way you do. You should be aware of that when you're dealing with stuff that is on the edge of being legal.
__________________

Last edited by Crazed_SS; 05-31-2008 at 6:03 PM..
Reply With Quote