Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 03-24-2006, 11:21 AM
phobos512 phobos512 is offline
Member
 
Join Date: Oct 2005
Location: Ridgecrest, CA
Posts: 413
iTrader: 3 / 100%
Default Transportation of Pistols and Ammunition

I have a question on transportation of handguns and ammunition in the same case and it doesn't seem to have ever really been resolved. The question is, is there a law that prohibits the carriage of a loaded magazine and a pistol in the same locked case?

First off, I did search on this question. The most informative thread I found was this one:

http://www.calguns.net/calgunforum/s...transportation

From that thread I found the following site (it is referenced in the thread):

http://caag.state.ca.us/firearms/dwcl/12020.htm

On that site it defines a loaded firearm as follows:

12031 (g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

Now, how is attached to the firearm defined? It isn't. I would wager a reasonable person would state that attached to the firearm means a magazine loaded in the magazine well of the pistol, which in this case it would not be.

Of course we all know that PRK isn't exactly teeming with people we'd think of as reasonable elsewhere.

What do you all think?
__________________
"And when you sing the national anthem, for God's sake, sing it in English. Don't fall prey to the Jimmy Smits-o-crock...oh my f*ck..." - Stephen Colbert
Reply With Quote
  #2  
Old 03-24-2006, 11:55 AM
harley66 harley66 is offline
Senior Member
 
Join Date: Feb 2003
Location: Northern, CA
Posts: 798
iTrader: 36 / 100%
Default

answer these questions...

what were you doing when stopped by the LEO?

what is your attitude towards the LEO?

and where you in somewhat of a straight line between range, gunsmith or what ever your reason was and your home...??

which brings us back to the first two questions...

It has always been my feelings - reguardless of how the laws are written - the above "answers to those questions" will go a long way on the outcome of a situation..

One last and very important point -- attitude of the LEO and how his/her day has been going....
Reply With Quote
  #3  
Old 03-24-2006, 12:17 PM
phobos512 phobos512 is offline
Member
 
Join Date: Oct 2005
Location: Ridgecrest, CA
Posts: 413
iTrader: 3 / 100%
Default

This is a question I am asking before I take my pistol to the range for the first time...Nothing has happened yet...I don't want it to, either.
__________________
"And when you sing the national anthem, for God's sake, sing it in English. Don't fall prey to the Jimmy Smits-o-crock...oh my f*ck..." - Stephen Colbert
Reply With Quote
  #4  
Old 03-24-2006, 12:57 PM
harley66 harley66 is offline
Senior Member
 
Join Date: Feb 2003
Location: Northern, CA
Posts: 798
iTrader: 36 / 100%
Default

just use common sense.. If you are worried,,, lock both in the truck, unloaded and seperate,, if really concerned,,, brake the weapon down, seperate the weapon from the ammo, several things to consider... but really, back to the above questions...

if you are going to or returning from the range... and you have done all you can... the LEO - will leave you alone..

but if this is 2am, leaving a bar.. and you are busted for DUI and they find your weapons... its going to be hard to convince them... Oh yea... I was going to the range....

its really a non issue if you use your head... I have had a CCW for 6 years now and I have Never been made or even asked by anyone if I am packing..

I even carry a fanny pack at times and those that are in the know - a fanny pack screams gun - Never a problem...

Use your head...

If you run into a real jerk of a LEO whose exwife just beat him in court and his sgt just wrote him up for some minor ***** - his dog just got shot by his neighbor - and he stops you and you try to "quote" the law to him with an attitude - Well, you just may be in for some trouble - just making a point here....

Now go to the range and enjoy yourself..
Reply With Quote
  #5  
Old 03-24-2006, 12:57 PM
bwiese's Avatar
bwiese bwiese is offline
I need a LIFE!!
 
Join Date: Oct 2005
Location: San Jose
Posts: 26,989
iTrader: 3 / 100%
Default

Don't do it. Do not rely on/risk the prospective friendliness of an LEO.

Harley66 may be from out in the sticks where things are more relaxed.

Just lock gun separately from ammo. Leave mags unloaded. That way you're fully compliant.
__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life member

No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.
Reply With Quote
  #6  
Old 03-24-2006, 2:43 PM
WhiteSands WhiteSands is offline
Member
 
Join Date: Oct 2005
Posts: 125
iTrader: 0 / 0%
Default

How does one transport in a pick up?
Reply With Quote
  #7  
Old 03-24-2006, 2:45 PM
bwiese's Avatar
bwiese bwiese is offline
I need a LIFE!!
 
Join Date: Oct 2005
Location: San Jose
Posts: 26,989
iTrader: 3 / 100%
Default

Pickup truck?

Locked case, unloaded. Ammo outside the case. Ammo doesn't have to be locked.
__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life member

No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.
Reply With Quote
  #8  
Old 03-24-2006, 2:53 PM
harley66 harley66 is offline
Senior Member
 
Join Date: Feb 2003
Location: Northern, CA
Posts: 798
iTrader: 36 / 100%
Wink

Quote:
Originally Posted by bwiese
Don't do it. Do not rely on/risk the prospective friendliness of an LEO.

Harley66 may be from out in the sticks where things are more relaxed.

Just lock gun separately from ammo. Leave mags unloaded. That way you're fully compliant.
If you read my post, you will see I also told the poster here the same as you,,, you have to excuse me, I had fogotten that San Jose people know everything because they live in the City...
Reply With Quote
  #9  
Old 03-24-2006, 3:05 PM
bwiese's Avatar
bwiese bwiese is offline
I need a LIFE!!
 
Join Date: Oct 2005
Location: San Jose
Posts: 26,989
iTrader: 3 / 100%
Default

Quote:
Originally Posted by harley66
If you read my post, you will see I also told the poster here the same as you,,, you have to excuse me, I had fogotten that San Jose people know everything because they live in the City...
This forum has wide exposure. I try to combat poorly-phrased advice so that people don't go doing stupid things.

Since more of the population lives in metro areas, more folks have to be sensitive to these things.

And yes, maybe we do know gun laws better here in cities - because we have to (unfortunately).
__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life member

No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.
Reply With Quote
  #10  
Old 04-03-2006, 8:52 PM
Dont Tread on Me
Guest
 
Posts: n/a
iTrader: / %
Default CHP Website on loaded mags

From the CHP Website http://www.chp.ca.gov/html/answers.html. It would appear you just need to keep the mag outside the gun to satisfy them.

... 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.

If you have additional questions, contact the California Department of Justice at 916-227-3703.


I follow the conservative strategy of keeping my mags unloaded.

Last edited by Dont Tread on Me; 04-03-2006 at 8:55 PM..
Reply With Quote
  #11  
Old 04-04-2006, 12:45 AM
filefish filefish is offline
Banned
 
Join Date: Feb 2006
Posts: 129
iTrader: 0 / 0%
Default

I have been told by a LEO that if the mag is loaded it may as well be in the gun and chambered as ther is no leagal differance, i got this awnser when i was asking about keeping my speed loader for my wheelgun loaded, same awnser
Reply With Quote
  #12  
Old 04-04-2006, 1:34 AM
jessegpresley's Avatar
jessegpresley jessegpresley is offline
Veteran Member
 
Join Date: Oct 2005
Location: California
Posts: 3,871
iTrader: 10 / 100%
Default

Looks like that post from the CHP website is the most concrete advice yet.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 8:18 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.