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

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  #1  
Old 11-21-2012, 9:44 AM
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Dan FS71 Dan FS71 is offline
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Default Transporting pistol & ammo

I say legal.

Locked case (pelican w/key lock) with ammo and pistol inside. Mags empty. Pistol unloaded. Legal?

I'd like to go one further. Loaded mags inside case with ammo and pistol. Pistol is unloaded. Legal?

If not when did this change?
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Old 11-21-2012, 9:48 AM
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Both legal.

Some legal eagles say loaded mag in the same case equals loaded gun, but that is not anywhere in the penal code.
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Old 11-21-2012, 10:54 AM
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Quote:
Originally Posted by paul0660 View Post
Both legal.

Some legal eagles say loaded mag in the same case equals loaded gun, but that is not anywhere in the penal code.
It's in the penal code but only applies when a person is "engaged in criminal street gang activity."
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Old 11-21-2012, 8:25 PM
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Been gone over a bunch in other threads.

People vs Clark (1996) is the applicable case law which found that the ammo has to be in a position where it can be fired (paraphasing). Case invloved a shotgun with ammo in a side shell holder attached to the gun, dude was popped for a loaded gun, but the court found that it wasn't loaded even with the ammo attached to the gun in that manner and went into more detail as to what "loaded" actually means as far as transporting your gun around legally.

http://www.hoffmang.com/firearms/Peo...ark-(1996).pdf

Another easy place to point people though is the CHP's FAQ web page:

Quote:
Originally Posted by CHP Website FAQ Page
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.
http://www.chp.ca.gov/html/answers.html
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Last edited by stix213; 11-21-2012 at 8:27 PM..
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Old 11-21-2012, 8:34 PM
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You had me at "locked pelican case.".
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