Unconfigured Ad Widget

Collapse

what consitutes "loaded"

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • garuda7
    Member
    • Jul 2009
    • 236

    what consitutes "loaded"

    I was told at the range that even if i transported my rifle/handgun unloaded, if I had loaded magazines in the vehicle as well then it is considered a loaded weapon since the magazines are an integral part of the gun. Is this true? Are loaded magazines really a no go if I had them in a separate container?
  • #2
    randy
    In Memoriam
    • Nov 2006
    • 4642

    IMNL but as far as I know it is legal for you to have loaded mags. I don't know if the cops would agree with that and it could get you detained while they look into it.

    Just because it's legal doesn't mean it's smart if you aren't willing to follow it through with time and money.
    I move slow but I make up for it by shooting poorly.

    When I hit the lotto I'm only shooting factory.

    Comment

    • #3
      Richie Caketown
      Banned
      • Mar 2008
      • 4325

      IMO i think a loaded mag inserted into the gun is loaded , here in cali i wouldnt want to take any chances

      Comment

      • #4
        CalNRA
        Calguns Addict
        • Apr 2006
        • 8686

        loaded mags are fine, just not in the magwell

        I bring a copy of this when I travel:


        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.
        always have an empty magazine inserted into the gun when transporting so the mags with the rounds in them are not part of the gun,they are just spare ammunition containers. If you don;t have a second magazine, get a second magazine.
        Last edited by CalNRA; 10-07-2009, 2:14 AM.
        Originally posted by cvigue
        This is not rocket surgery.

        Comment

        • #5
          Hayashi Killian
          Senior Member
          • Jun 2009
          • 617

          They are wrong or lied to you.

          Loaded is with a loaded magazine and/or a round in the chamber of the weapon. Loaded magazines can be stored in the same case as the weapon with no issues. But a firearm must be transported unloaded.
          "Ok, sign language 101. This means stay low, this means stack up, and this means I'm gonna punch your lights out if you don't shut up!"

          Comment

          • #6
            kf6tac
            Senior Member
            • Aug 2009
            • 1779

            In general application, what everyone has responded with is true.

            I believe there are also certain special circumstances in which the Penal Code specifically adopts a different definition of "loaded" that is more restrictive. As an example, Section 171e of the Penal Code defines that for purposes of Sections 171c and 171d (which penalize the bringing of loaded firearms into the State Capitol, Governor's Mansion, residences of legislatures, legislative offices, etc.), a firearm is deemed loaded if both the firearm and the unexpended ammunition are in the possession of the same person.


            Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship.

            Comment

            • #7
              Miltiades
              Senior Member
              • Dec 2006
              • 1148

              Why?

              If you are worried about the legality of transporting loaded magazines to the range, why not transport empty magazines to the range and load them at the range? I don't see any advantage in loading them at home and transporting them to the range. When you return from the range the magazines are presumably empty because you have shot the ammunition, so half of your trip is already with empty magazines.

              Comment

              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44650

                All known "loaded" questions answered at Defining Loaded in California at the Calguns Foundation Wiki
                ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                Comment

                • #9
                  mmartin
                  Senior Member
                  • Aug 2009
                  • 951

                  Originally posted by Miltiades
                  Why? If you are worried about the legality of transporting loaded magazines to the range, why not transport empty magazines to the range and load them at the range? I don't see any advantage in loading them at home and transporting them to the range.
                  because if you don't know what the law is you cannot properly protect yourself from being hassled or worse when having an encounter with LE.

                  because if you don't know what the law is, you spread FUD when you talk with other people about it.

                  because the laws are already too restrictive, and if we voluntarily give up MORE territory because we are fearful and uninformed, we simply make the problem worse.

                  megan
                  "There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty." - John Adams
                  "To maintain the ascendancy of the Constitution over the lawmaking majority is the great and essential point on which the success of the system must depend;" - John C Calhoun
                  "If you don't have a gun, freedom of speech has no power." - Yoshimi Ishikawa

                  Comment

                  • #10
                    Legasat
                    Intergalactic Member
                    CGN Contributor - Lifetime
                    • Mar 2009
                    • 4151

                    Pfffft...Spreading more FUD are they???
                    ..

                    .........STGC(SW)


                    SAF Life Member

                    sigpic
                    NRA Benefactor

                    Comment

                    • #11
                      tombinghamthegreat
                      Veteran Member
                      • May 2007
                      • 2785

                      Originally posted by garuda7
                      I was told at the range that even if i transported my rifle/handgun unloaded, if I had loaded magazines in the vehicle as well then it is considered a loaded weapon since the magazines are an integral part of the gun. Is this true? Are loaded magazines really a no go if I had them in a separate container?
                      What range is this? Name or it didn't happen. As long as the gun is unloaded then you are fine, you can have the mags loaded, even have the ammo touching the gun(like a shell holder for a shotgun), just cannot be put into a position to be fired from(People vs Clark, PC12031).
                      "Legitimate use of violence can only be that which is required in self-defense." Ron Paul
                      "The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite." - Thomas Jefferson
                      Originally posted by forumguy
                      The same way they enforce all the rest of the BS laws. Only criminals are exempt, while the honest obey.
                      Originally posted by bwiese
                      Sometimes I think the function of Calguns is half to refute bad info from gunshops and half to refute bad info from DOJ.

                      Comment

                      • #12
                        JTROKS
                        I need a LIFE!!
                        • Nov 2007
                        • 13093

                        Also if LEOs find out there are unloaded guns in your car more than likely they'll call them in to see if they are stolen. But before all of this come to being, you would have to attract the LEOs attention to home in on you. If you're driving within the speed limit, obeying all rules and not flashing obscene or dangerous objects you should have nothing to worry about.
                        The wise man said just find your place
                        In the eye of the storm
                        Seek the roses along the way
                        Just beware of the thorns...
                        K. Meine

                        Comment

                        • #13
                          mmartin
                          Senior Member
                          • Aug 2009
                          • 951

                          Originally posted by JTROKS
                          If you're driving within the speed limit, obeying all rules and not flashing obscene or dangerous objects you should have nothing to worry about.
                          wish that were true. hubby was recently stopped for driving in a remote area with long hair and a beard.

                          well, they said it was because they couldn't read his plates, but we live on a long dirt road... not possible to get in or out of the area without dirt and mud. he got the full vehicle search / firearms inspection thing. with handcuffs.

                          we're pretty sure it's the hair.

                          damn, we really need to get that 'cloak of invisibility' device fixed, it's clearly not working.

                          megan
                          "There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty." - John Adams
                          "To maintain the ascendancy of the Constitution over the lawmaking majority is the great and essential point on which the success of the system must depend;" - John C Calhoun
                          "If you don't have a gun, freedom of speech has no power." - Yoshimi Ishikawa

                          Comment

                          • #14
                            mej16489
                            Veteran Member
                            • Aug 2008
                            • 2714

                            Originally posted by Miltiades
                            ... why not transport empty magazines to the range and load them at the range? I don't see any advantage in loading them at home and transporting them to the range.
                            Convenience. I'd rather load up 30 to 40 magazines at home while watching TV vs spending range time doing it.

                            Comment

                            • #15
                              retired
                              Administrator
                              CGN Contributor - Lifetime
                              • Sep 2007
                              • 9409

                              Originally posted by mej16489
                              Convenience. I'd rather load up 30 to 40 magazines at home while watching TV vs spending range time doing it.
                              This, but I don't do anything to distract me from loading the mags. IMO, the tv can wait a bit. I'm not condemning you mej, that is just my preference.

                              As a matter of fact, I just loaded up all of my different mags last night.

                              Comment

                              Working...
                              UA-8071174-1