|
California handguns Discuss your favorite California handgun technical and related questions here. |
|
Thread Tools | Display Modes |
#1
|
|||
|
|||
Range Drama
So I'm at the range today, go up to the gun counter, eyes, ears,ammo check right. Guy sees I have my mags loaded, not in the gun Of course, but in the same container of the gun. Dude flips out and says its a felony, his brothers a cop and this and that. Am I wrong? Can someone point me to the sticky.
|
#3
|
||||
|
||||
I use this. http://www.chp.ca.gov/html/answers.html It's like the 4th or 5th one down the page.
__________________
US Navy Retired 1987-2007 |
#5
|
||||
|
||||
http://wiki.calgunsfoundation.org/De...arm_Not_Loaded
More ranges are full of FUD i guess lol http://www.calguns.net/calgunforum/s...d.php?t=668552
__________________
|
#6
|
||||
|
||||
He's right
He is right if you don't have a CCW with that weapon listed. Had you been pulled over and your vehicle searched you would have likely been placed under arrest. You must travel with the weapon and magazines (empty) in a locked container. The ammo should not be stored in the same place as the container with the firearm. So if you have the ammo in the trunk, then your handgun should be in the back seat.
I have a CCW with three handguns listed. With those weapons I don't sweat it because I have permission to have them concealed and loaded. For all of my other weapons I travel with them in my back seat floor board of my truck, and the ammo I put in the bed of my truck. The handguns that are not listed on my CCW are always in locked containers/boxes, while the rifles just have to be unloaded. I do this because I believe that to be the legal requirement. If I am wrong someone please let me know.
__________________
Nár Laga Día Do Lámh Carl Redding CA. Shasta County, NorCal |
#8
|
||||
|
||||
You didn't read it
Don't get angry at me, but it seems you are so pissed off that you didn't read the CHP FAQ. It clearly says that the magazines are to be unloaded.
__________________
Nár Laga Día Do Lámh Carl Redding CA. Shasta County, NorCal |
#9
|
||||
|
||||
Quote:
Straight from the CHP webpage: "Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well."
__________________
SI VIS PACEM, PARA BELLUM |
#10
|
||||
|
||||
Quote:
|
#11
|
||||
|
||||
You should re-read it, it says: "no loaded magazines in the magazine well."
|
#13
|
|||
|
|||
Quote:
I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state? California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the MAGAZINE WELL. Last edited by bill_k_lopez; 01-25-2013 at 2:09 PM.. |
#14
|
||||
|
||||
OK I'll quit
OK fellas, I'll quit. If I'm wrong I'm wrong, but that is how I travel because it just takes one person to translate the law a different way, and you end up trying to beat the charge. I stay anal on myself to make sure no one else can end up ruining my year by being more anal than me.
__________________
Nár Laga Día Do Lámh Carl Redding CA. Shasta County, NorCal |
#16
|
||||
|
||||
Just posting to let you know that you are wrong.
__________________
"Any unarmed people are slaves, or are subject to slavery at any given moment." - Dr. Huey P. Newton |
#17
|
||||
|
||||
Quote:
If there was an empty magazine in the gun it was ok though. so i can understand why he made the retarded assumption he did. Even though this only ever applied to open carrying, Which is illegal now. It doesnt matter, your on private property, and you can legally walk around inside a range with a loaded gun if you want. When you take it outside its in a locked box so its irrelevant. The guy was just a dumbass
__________________
“While I've often said I wanted to die in bed, what I meant is in my old age I wanted to be stepped on by an elephant while making love.” ― Roger Zelazny, The Great Book of Amber Last edited by Dark Mod; 01-25-2013 at 2:18 PM.. |
#18
|
||||
|
||||
Quote:
Quote:
|
#19
|
||||
|
||||
i get what people are arguing about but once your out of your vehicle doesn't that mean the guy at the range is totally wrong, or did he mean when you transported the firearm + loaded mags in same container that's against the law etc.
|
#20
|
||||
|
||||
Quote:
It's one thing to be anal. It's another to pass around completely incorrect information. |
#21
|
|||
|
|||
I'm a newbie and I even know this is false information.
Quote:
|
#22
|
||||
|
||||
http://us2.campaign-archive1.com/?u=...0&e=3475ad019a
CGF just defended a guy last month. " According to Fernandez, the Deputy believed that the firearms were deemed loaded because the magazines and ammunition were carried in the same case as the firearm." Well, the deputy was wrong and CGF got the case dismissed. Seems pretty clear to me... |
#23
|
||||
|
||||
OK OK OK
OK I guess I'll take that advice about quitting while I'm behind. Even the newbie is on my jock.
__________________
Nár Laga Día Do Lámh Carl Redding CA. Shasta County, NorCal |
#25
|
||||
|
||||
Quote:
__________________
Its not paranoid.....its prepared. NRA Certified Pistol/Rifle/Shotgun/PPIH/PPOH Instructor | NRA Certified RSO | NRA Life Member | GSSF Life Time Member | Surefire Low Light Instructor | Glock Certified Armorer | Utah CCW Instructor | Nevada CCW Instructor |
#26
|
||||
|
||||
Quote:
__________________
_██_ (ಠ_ృ) riveting tale, chap. |
#27
|
|||
|
|||
wow guys, i have 2 neighbors who are chp. they both told me if they pull you over with a locked box with a pistol and loaded mags in that locked case. they will arrest you. also they would cite you or possibly arrest you if you have a un loaded handgun in a locked case and the ammo is in the same compartment/ cab of pickup or inside a car. and they both told me this includes ammo locked in one box and pistol locked in totally sperate box/case.
|
#29
|
||||
|
||||
Quote:
|
#30
|
||||
|
||||
While I believe the man was wrong is his anger and over reacted, the only thing I would check is the rules specific to the range. While not a felony in any way, they could ask you to leave or yell at you if you don't follow their rules. For example, I know some ranges that don't even want you opening your gun case unless it is on the table in your lane (i.e. not behind you, even if unloaded).
I also agree that magazine can be loaded, locked with unloaded firearms, as long as it is not in a position capable of firing (i.e. mag in the magwell). Again, as with all laws, this is subject to interpretation so you maybe have issues. FWIW I have a couple mags loaded in the pelican case with my 1911. Not inserted. I have never had an issue and am being 100% legal. |
#31
|
||||
|
||||
Quote:
Then send them to the CHP website and have them read their own departments FAQ. I'm sure there are many lawyers that would love to sue the CHP. The thing that gets me in the LASD battle is that the watch commander even said the guns were unloaded but they still arrested him. |
#32
|
||||
|
||||
That's why I am Extra careful
Quote:
__________________
Nár Laga Día Do Lámh Carl Redding CA. Shasta County, NorCal |
#33
|
||||
|
||||
Quote:
If what they say is true, then NO ONE would be able to go to the range to shoot. Are you supposed to transport your unloaded, locked firearm to the range, leave it there, then go home and transport your ammo to the range??? Ridiculous...
__________________
To do is to be. (Socrates) To be is to do. (Plato) Do be do be do. (Sinatra) |
#34
|
||||
|
||||
Quote:
That CLEARLY means that loaded magazines are LEGAL as long as they are not inserted in the gun. It absolutely does not say that magazines themselves must be empty, and I have no clue how you come to that conclusion. The way the law works is that if it is not specifically stated as being illegal, then it is legal. The government does not have to give you permission for every possible thing you can do. No where in the law will you see it ever say "it's okay to do XY and Z." It tells you what you cannot do. Keeping magazines loaded is not prohibited. You should be so lucky as to be falsely arrested. Get some settlement out of it and scare the FUD out of the police and gun shop employees who don't understand the law. Plenty of 2A lawyers would represent for free, if it was even necessary. More likely, the prosecutor would review the law and would realize that they couldn't charge you with breaking it, since you didn't. The misinterpretation by the police officer would = false arrest. http://www.chp.ca.gov/html/answers.html#05 Quote:
__________________
Last edited by JeremyS; 01-25-2013 at 2:53 PM.. |
#35
|
|||
|
|||
I had a gun store "attendant" tell me the same thing, they are idiots.
I believe this is derived from older CHP guidance that has now been corrected to actually match the law, the Patrolman are still catching up (but some of the stores are just hopeless). |
#36
|
|||
|
|||
I always find this particular discussion interesting. I am not in the habit of keeping loaded magazines laying around and I certainly wouldn't pre-load them before going to the range. For some neurotic reason, I will even unload my home SD handgun if I am taking it along. I travel with my ammo in an ammo case or sometimes just the wallmart bag it came in. My guns are in a locked soft case. The magazines are almost anywhere. Some in my range bag, some in the guns, who knows.
|
#38
|
|||
|
|||
Quote:
(But the stache could be cool) |
#40
|
|||
|
|||
Here's the complete section from the CHP website, a website I am SURE the dept's in house attorneys had to sign off on before it was posted.
I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state? California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well. How anti 2nd amendment LEO's and prosecutors want to play it is up to them at least initially. It seems to me that this is a pretty fair defense in court should you find yourself being abused by the system . Last edited by Ronin2; 01-25-2013 at 3:04 PM.. |
Thread Tools | |
Display Modes | |
|
|