Carry question...

[Dragunov]

Can I have a loaded magazine in my glovebox as long as the sidearm is locked in a case? I live in Sac co.

[grammaton76]

The glove compartment I would view as just a little bit sketchy, only because you're likely to have to open it to produce your proof of insurance, etc. And it's specifically not a place you can store a firearm in case the LEO wants to trot out the (incorrect) rationale that the mag is the firearm as much as the frame.

I would keep the loaded mag in your center console or in a different compartment of your case.

[loobett]

Just curious why you would want to store a loaded mag in the glovebox and not in the case with the gun.

[grammaton76]

He probably wants to keep the two separated in the event that an LEO decides to check on it. BTW, your best protection there is to use a locking case that doesn't look like a gun case and / or don't have the case openly visible in your car.

If they can see a gun case, LEOs are told that they have an iron clad right to check inside of it to see if the weapon's loaded or not, per a training video a year or two back.

[roc]

Just curious why you would want to store a loaded mag in the glovebox and not in the case with the gun.

CA Penal Code 12026.2 states:

handguns being lawfully transported concealed in a motor vehicle's trunk or in a separate locked container cannot be loaded nor can ammunition be attached to them in any manner.

just to be safe, I would not have ammo stored in the case with the gun. Especially loaded in to the magazine. I interpret the phrase 'in any manner' as in keep the ammo the hell away from the gun.

Can I have a loaded magazine in my glovebox as long as the sidearm is locked in a case? I live in Sac co.

you can have ammo in a box or even loose in the glove box but I would not have it in the glove box loaded inside a magazine. Just in case some judge wants to associate the magazine as part of the gun, you will land yourself in a heap of trouble.

[Quiet]

just to be safe, I would not have ammo stored in the case with the gun. Especially loaded in to the magazine. I interpret the phrase 'in any manner' as in keep the ammo the hell away from the gun.

CA case law (People v Clark) says it's okay to have loaded magazines and ammo in the same locked container that is containing an unloaded firearm.

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.

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

[Dragunov]

He probably wants to keep the two separated in the event that an LEO decides to check on it. BTW, your best protection there is to use a locking case that doesn't look like a gun case and / or don't have the case openly visible in your car.

If they can see a gun case, LEOs are told that they have an iron clad right to check inside of it to see if the weapon's loaded or not, per a training video a year or two back.

My wife knows she can't carry a loaded weapon in the vehicle, however there is no point owning one if you can't have it with you.

Unlocking the soft case isn't much of an issue as the keys are on her keyring.
If LEO wants to check it it's not a problem as it will not be loaded anyway.



I guess my real question is: Can she carry a LOADED magazine IN the vehicle as long as the firearm is locked in the case and unloaded. I don't want the loaded magazine in the case with the firearm as it can cause problems with LEO.

Sorry for the edit but.....

Can I carry ammo in stripper clips in the same vehicle as my SKS as long as the rifle ISN'T loaded?

I'm sorry I'm being such a pill but I've never been clear on these issues.

[hoffmang]

CA Penal Code 12026.2 states:

PC 12026.2 does not state any such thing. You either have the cite wrong or the law wrong.

-Gene

[roc]

CA case law (People v Clark) says it's okay to have loaded magazines and ammo in the same locked container that is containing an unloaded firearm.

In the People v. Clark case he was acquitted based on the fact that his ammunition was stored in a compartment of his shotgun (in the buttstock) which was eventually deemed not in a 'ready firing position' for the definition of loaded. It does not mention the use of a magazine nor a locked container for that matter since the firearm in question was a shotgun and the vehicle was a motorhome.

I am no lawyer but a loaded magazine next to a handgun is different than an empty shotgun with some rounds in the side saddle. I don't know how the People v. Clark precedence will effect a loaded magazine as the operative word from the case seems to be 'Ready Firing Position'.

For the OP, interpret the ruling for yourself in the attached PDF.

[paul0660]

Yeah, where did that come from? Unloaded means no ammo in the gun. Personally I keep them separate, gun in a box and mags somewhere else, but that is actually not required.

There is a stupid case law wrinkle somewhere that says if you have an unloaded gun, and loaded mag separate but in a container, they make a loaded gun. This can be obviated by keeping an empty mag in the gun.....like I said, stupid.

Btw if you don't want to keep stuff in the glove compartment, don't keep it in the center console......that is "The utility compartment" to which the statute refers.

[roc]

PC 12026.2 does not state any such thing. You either have the cite wrong or the law wrong.

-Gene

my bad. that is not the actual wording in the penal code but rather an interpretation from www.calgunlaws.com. It all has to do with the definition of the word 'loaded'. There is a thread on PC 12026.2 here

http://www.calguns.net/calgunforum/showthread.php?t=133364

Whether the wording is good or bad and whether you like it or don't, just don't risk it and keep them separated. Unless you are on some kind of mission and have the time and money to fight. More power to you.

[Stormfeather]

I carry a pistol and a loaded mag in a locked container, together, in all of my vehicles.

[grammaton76]

My wife knows she can't carry a loaded weapon in the vehicle, however there is no point owning one if you can't have it with you.

Unlocking the soft case isn't much of an issue as the keys are on her keyring.
If LEO wants to check it it's not a problem as it will not be loaded anyway.

I will observe that I keep a pistol in one side of my LUCC bag, and a loaded magazine in the other side. Both are locked up with a single padlock.

I guess my real question is: Can she carry a LOADED magazine IN the vehicle as long as the firearm is locked in the case and unloaded. I don't want the loaded magazine in the case with the firearm as it can cause problems with LEO.

Yes, she can. The "getting your insurance" reason is the only reason I wouldn't want to use the glove compartment for your magazine.

As for the same-case issue, I wouldn't worry about it as long as it's stored in a properly locked container and that container doesn't look like a gun case.

Sorry for the edit but.....

Can I carry ammo in stripper clips in the same vehicle as my SKS as long as the rifle ISN'T loaded?

I'm sorry I'm being such a pill but I've never been clear on these issues.

You're not being a pill. Stripper clips are very protected, in the same sense as speed loaders, because they're not installed when the firearm is being operated. Yes, you can certainly do this.

[hoffmang]

Whether the wording is good or bad and whether you like it or don't, just don't risk it and keep them separated. Unless you are on some kind of mission and have the time and money to fight. More power to you.

You are incorrect. The CHP agrees with me that there is no requirement to have your magazines with rounds in them separated from an unloaded firearm:

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.

-Gene

[leelaw]

I guess my real question is: Can she carry a LOADED magazine IN the vehicle as long as the firearm is locked in the case and unloaded.

If she can lawfully possess the handgun, then yes.

I don't want the loaded magazine in the case with the firearm as it can cause problems with LEO.

No it shouldn't. LEOs should know better, since this is not particularily new case law, and the academies are teaching that the ammunition must be in a position from which the firearm can be readily made to fire (ie: loaded magazine in pistol, round in chamber, shells in a shotgun magazine tube, etc..) to be considered loaded.