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2nd Amend. Politics and Laws Discuss gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-04-2006, 08:03 PM
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Default Range bag legal to carry in car??

Might be a dumb question but I don't want to find out the hard way that I am wrong..

My girlfriend has a range bag for her .380. The bag has an inner compartment with a zipper that has a provision for a lock. It also has two outer compartments, one is divided to carry magazines and the other for misc (boxed rounds, eyes and ears, etc...).

With the firearm unloaded and locked in the center zippered compartment is it legal to transport the bag to and from the range with ammo loaded into the mags, stored in the outer compartments?

Last edited by Richie Rich; 09-04-2006 at 08:05 PM..
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Old 09-04-2006, 08:04 PM
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Yes it is legal.
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Old 09-04-2006, 08:08 PM
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Thought so, just wanted to make sure the loaded mag and ammo storage met the definition of the law as it pertains to seperate.

I had up until a few weeks ago never owned a handgun and none of my rifle/shotgun cases had any provisions for storage of ammo. I always just carried my rounds in a milsurp ammo can...
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Old 09-04-2006, 08:15 PM
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Quote:
definition of the law as it pertains to seperate
I know there has been pages and pages of discussion on this.... but IIRC, nowhere does the law saw the ammo must be seperate; the gun just needs to be unloaded.
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Old 09-04-2006, 08:54 PM
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This situation is somewhat a gray area of the law which says:
Quote:
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to the firearm.
So, the magazines are specifically named. Some might argue that said magazine must be "attached" to the firearm, others will argue that the above sentence is a proof that magazine is considered to be a part of a firearm, therefore must not be loaded. In the end it's your call anyway.
Myself, I don't see any appeal or any real time savings in arriving to the range with 2-3 loaded mags, I keep ammunition in boxes and only load mags at the bench.
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Old 09-04-2006, 09:29 PM
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This is from the CHPs Website at: http://www.chp.ca.gov/html/answers.html#01

"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 recommend the "How to own a gun and stay out of jail" book. The only point where the author is fuzzy is on loaded magazines. They are defiantly bad if you are a gang member.
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Last edited by Dont Tread on Me; 09-04-2006 at 09:31 PM..
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Old 09-04-2006, 10:08 PM
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the range bag should be ok. i will say that the range bag will *NOT* be okay to take on an airplane. for airplanes, you need a HARD locked container...
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Old 04-07-2007, 09:38 PM
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Quote:
Originally Posted by Richie Rich View Post
With the firearm unloaded and locked in the center zippered compartment is it legal to transport the bag to and from the range with ammo loaded into the mags, stored in the outer compartments?
Many law enforcement agencies and district attorneys consider the magazine to be part of the gun, even if it isn't IN the gun. Therefore, loaded mags in the car is the same as a loaded gun in their eyes. Just an FYI.

Last edited by Gryff; 04-08-2007 at 01:01 AM..
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Old 04-07-2007, 10:01 PM
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This point has been addressed numerous times on this forum. If anyone is looking for a more in depth look I suggest finding them through a search.

The short answer is its completely legal to have a loaded magazine as long as as its not in the gun. Its not a grey area, there is case law that addresses this specifically.
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Old 04-07-2007, 10:14 PM
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Quote:
Originally Posted by FreedomIsNotFree View Post
This point has been addressed numerous times on this forum. If anyone is looking for a more in depth look I suggest finding them through a search.

The short answer is its completely legal to have a loaded magazine as long as as its not in the gun. Its not a grey area, there is case law that addresses this specifically.
So you can rest assured that you will be acquitted of all charges. That will make it easier when you have to sign the check for your attorney's fees.

Me...mine are unloaded. I don't like paying attorney fees if I don't have to.

I know I'm being a smartass, but I also figure that unless you have a CCW (which makes this a non-issue anyway), there is no compelling reason that you need to have loaded mags. So why risk the trouble? (I doubt that Al Sharpton and/or the ACLU will come charging to my defense if the Alameda County D.A. unfairly files concealed weapons charges against me because I had loaded mags).

Best,

Jim
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