what consitutes "loaded"

[tombinghamthegreat]

If the round is attached to the gun in ANY way then it's considered loaded as well...

FUD but it looks like someone already quoted me...

[pontiacpratt]

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.

So they can't protect themselves legally?

[Jeffu]

sorry guys, but this is what I'm being charged with.

-loaded weapon in vehicle

for having a round of 9mm in the sunset insert

edit: I've shown my lawyer all the articles and threads from calguns but she just disregards everything and insists on me pleading guilty and just take the offer from the DA.

p.s. her PC did say ...attached to the gun in ANY way including insert etc etc...though

[GuyW]

sorry guys, but this is what I'm being charged with.

-loaded weapon in vehicle

for having a round of 9mm in the sunset insert

edit: I've shown my lawyer all the articles and threads from calguns but she just disregards everything and insists on me pleading guilty and just take the offer from the DA.

p.s. her PC did say ...attached to the gun in ANY way including insert etc etc...though

That's pitiful - get a lawyer that can figure out the law and argue it like a pro....
.

[Timberline]

sorry guys, but this is what I'm being charged with.

-loaded weapon in vehicle

for having a round of 9mm in the sunset insert

edit: I've shown my lawyer all the articles and threads from calguns but she just disregards everything and insists on me pleading guilty and just take the offer from the DA.

p.s. her PC did say ...attached to the gun in ANY way including insert etc etc...though

What is a "sunset insert"?

Was there a cartridge chambered in the gun? Was there a cartridge in a magazine, in the gun? If not... then the gun was not loaded.

[Brianguy]

What is a "sunset insert"?

+1

[Librarian]

sorry guys, but this is what I'm being charged with.

-loaded weapon in vehicle

for having a round of 9mm in the sunset insert

edit: I've shown my lawyer all the articles and threads from calguns but she just disregards everything and insists on me pleading guilty and just take the offer from the DA.

p.s. her PC did say ...attached to the gun in ANY way including insert etc etc...though

Your lawyer needs to read People v. Clark - Clark redefined the meaning of Penal Code 'attached in any way'.

Show her Defining loaded in California.

If that doesn't point her in a direction that changes her mind, get a new lawyer.

And I'll add, what the heck is a sunset insert?

[GrizzlyGuy]

sorry guys, but this is what I'm being charged with.

-loaded weapon in vehicle

for having a round of 9mm in the sunset insert

Oh my gosh, get yourself a new lawyer! Your lawyer and the DA must be using the looser definition of "loaded" that applies *when you intend to commit a felony*. See here:

http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California#Rare_Exceptions_to_Firearm_Not_Loaded

[Jeffu]

Thanks guys! is there anything i can do after I've already signed the paper accepting the DA's offer etc

[SoCalLA]

By any chance did you go to LAX in Inglewood? I encountered the same issue when I brought my P226 UNLOADED with two full mags.

[MudCamper]

edit: I've shown my lawyer all the articles and threads from calguns but she just disregards everything and insists on me pleading guilty and just take the offer from the DA.

If your attorney does not do what you want, you need another attorney. Tell this to the judge if it's a PD.

However, as others have stated, we are unclear what this "insert" is that you are referring to. If you had a round in the chamber or a round in a magazine that was inserted in the gun's magazine well then it was loaded. Otherwise it was not loaded. Period.

Thanks guys! is there anything i can do after I've already signed the paper accepting the DA's offer etc

This I do not know the answer to.

[BrowningTBolt]

Thanks guys! is there anything i can do after I've already signed the paper accepting the DA's offer etc

DID YOU (OR YOUR ATTORNEY) ALREADY ENTER THE PLEA IN COURT??? WERE YOU SENTENCED???? YOU NEED TO WITHDRAW YOUR PLEA IF YOUR GUN WAS NOT LOADED. INEFFECTIVE ASSISTANCE OF COUNSEL IS A VALID REASON TO WITHDRAW. DUDE!! WHAT DID YOU PLEA TO? WHAT WAS THE DEAL?

[Jeffu]

sunset insert: http://www.brownells.com/.aspx/pid=2...for_GLOCK_reg_

my gun was:

locked in a box
locked in the trunk of my car
magazines empty
no ammo in trunk nor box
1 round of 9mm in the sunset insert

I showed her calguns and she says to go by her PC not an internet forum. I kept trying to convince her that she was wrong, then her conclusion was that going to trial would cost more than pleaing guilty since the DA offered me to go to a 12 hour life lesson($375) + give DNA sample ($75) and my record would be cleared

[Librarian]

sunset insert: http://www.brownells.com/.aspx/pid=2...for_GLOCK_reg_

my gun was:

locked in a box
locked in the trunk of my car
magazines empty
no ammo in trunk nor box
1 round of 9mm in the sunset insert

I showed her calguns and she says to go by her PC not an internet forum. I kept trying to convince her that she was wrong, then her conclusion was that going to trial would cost more than pleaing guilty since the DA offered me to go to a 12 hour life lesson($375) + give DNA sample ($75) and my record would be cleared

A lawyer unfamiliar with People v Clark in California when dealing with 'loaded' might well be thought 'under educated'; she could possibly benefit from becoming familiar with Strickland v Washington, 466 U.S. 668 (1984).

OTOH, sometimes financial considerations dominate.

[Brianguy]

so this is what a sunset insert is

https://www.brownells.com/.aspx/pid=22951/Product/SUNSET_INSERT_for_GLOCK_reg_

You'd also still have to open the insert to get the round out if that matters.