Question about transporting ammo in car

[BlueOvalBruin]

Since I don't have a CCW, I need to keep my pistol in a locked case during transport. My understanding of cali law is that the ammo does not have to be in a locked case and should not be in the same case as the gun. I normally just keep the ammo in its factory box and just take the box to the range; then load the mags at the range. Sometimes I don't shoot that many rounds (such as shooting during lunch break) and would rather just preload my mags at home and just transport the full mags. Would this be legal? I read the "How to own a gun and stay out of jail book" and it doesn't really touch on this issue. If the gun was not in a locked case and there were full mags nearby (but not in the gun), the gun would be considered loaded (breaks loaded gun law). But if the gun was in a locked case and there were full mags nearby (in a seperate bag from gun), would this be a violation of the law? Thanks.

[grammaton76]

Loaded mags NOT inserted in the gun, are legal according to the letter of the law.

However, a lot of LEOs out there feel that a loaded magazine equals a loaded weapon. You shouldn't transport loaded mags if you object to getting a lot of grief and hassle over it, possibly even an arrest, if you get stopped by precisely the wrong officer.

If, however, you're somewhat of an activist and wish to push the letter of the law, then by all means. You'll get off, but you may spend legal dollars doing so.

But you really need a locking case when transporting any handgun.

[Gigadonk]

Hello.
I called the local chp office about the transport laws
and the supervisor told me that basically I could either:
A: Put my unloaded gun in my trunk (locks not needed)
and ammo in the cab.
B: Locked guns in the cab (no case) and ammo in the trunk.
Yes, I can have the ammo stored in clips and mags.

"...and you'll be ok"
This might not be true somewhere like l.a or sanfran though.
Just call your local police and be 100% sure

[grammaton76]

Hello.
I called the local chp office about the transport laws
and the supervisor told me that basically I could either:
A: Put my unloaded gun in my trunk (locks not needed)
and ammo in the cab.
B: Locked guns in the cab (no case) and ammo in the trunk.
Yes, I can have the ammo stored in clips and mags.

"...and you'll be ok"
This might not be true somewhere like l.a or sanfran though.
Just call your local police and be 100% sure

CHP tends to know the law a bit better than the local PD's, unfortunately.

My point isn't that it's illegal to transport the ammo in clips/mags, but that a lot of LEOs take a differing view of the matter. And even if the phone clerk knows the law, you don't know for sure that the beat officers do.

Like I say, as wrong as it is, I've been told by LEOs that loaded mag = loaded weapon. Do they need to be corrected? Absolutely. But I'm not convinced that the cost/benefit analysis is worth it to save a few minutes' loading time.

[ns3v3n]

Loaded mags NOT inserted in the gun, are legal according to the letter of the law.

However, a lot of LEOs out there feel that a loaded magazine equals a loaded weapon. You shouldn't transport loaded mags if you object to getting a lot of grief and hassle over it, possibly even an arrest, if you get stopped by precisely the wrong officer.

If, however, you're somewhat of an activist and wish to push the letter of the law, then by all means. You'll get off, but you may spend legal dollars doing so.

But you really need a locking case when transporting any handgun.

alot of officers said loaded mags are consider a weapon. so you can actually get arrested for that. i have alot of friends that are cops. just thought i spread the word.

[ns3v3n]

oh btw, if you have your gun locked in your trunk. just carry the ammo in a separate lock container in your passanger seat. that way it's safer, even if you get pull over by a police.

[hoffmang]

Here is the case that clarifies the law a bit:

http://www.hoffmang.com/firearms/People-v-Clark-(1996).pdf

I put locked unloaded pistols in the trunk and loaded magazines and a key in my pocket. I'd be VERY unhappy to get into a spot where I need them and can't use them.

-Gene

[CalNRA]

I carry my handguns with one empty magazine inserted in each pistol in a locked case, and a few loaded magazines in a seperate bag.

TO me they are just spare parts and not part of the particular said handgun. The Cop will have a helluva hard time to argue that a cased, unloaded, locked, pistol with an empty magazine is loaded because there is a magazine in the same car with unexpended cartridges. If he does, well, screw him and every cop that is stupid enough to think so while being paid by my tax dollars.

in fact in the court case above, when read carefully, the "position not ready to be fired" could just mean that the magazine is not in the gun such that a motion of pushing the magazine in the gun must be performed, as well as racking the slide in order for the gun to be in a position ready for being fired, such is the case with the CHP guidelines, which explicitly says that a loaded magazine can be in the same locked case as the handgun as long as it's not in the magazine well..

Then again, I didn't expect cops to read, sorry to be so cynical but I have EXPECTED cops to not know the firearm laws when in doubt. I have also had three different cops telling me that a folding knife with a lock constitutes a fixed blade knife, one of them being the watch commander for the UCPD, even though they call their Benchmades or S&W knives "folders". How that works for them is beyond me.

[hoffmang]

Cops don't have easy access to case law on the side of the road. DA's are a different animal and beyond the inconvenience, a DA is all that really matters.

-Gene

[CalNRA]

Cops don't have easy access to case law on the side of the road. DA's are a different animal and beyond the inconvenience, a DA is all that really matters.

-Gene

That's the point, today's cops are enforcing laws to the letter and beyond, and they are always eager to put the responsibility on th DA and wipe their hands clean. I guess no one is to blame but the Joe Citizen himself for not having enough money for a fancy lawyer or bribe the CLEO enough for a CCW license?

Are there good cops? damn straight. but more cops will be happy to put me in the back of a squad car for the smallest violations and feel they did something good for society, because frankly, putting me in jail is a whole lot easier than busting druggies, I don't get their hands dirty since I shower on a daily basis.

[kneedeep]

from http://www.chp.ca.gov/html/answers.html



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.
----------------------------------------

I like the idea of at least 1 EMPTY magazine kept in unloaded pistol.

[The SoCal Gunner]

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.

I like the idea of at least 1 EMPTY magazine kept in unloaded pistol.

Why would you keep an empty mag in the pistol during transport?

I like the idea of keeping a pistol in a quick access lock box (i.e. gunvault or titan gun vault) in the cab area and a loaded magazine in my pocket or another quick access lock box. Could even have the pistol locked open for even quicker loading in uncertain times.

From the law, I see this as legal but wouldn't want to risk an arrest for it.

Any opinions on this?

edit: Like in this picture with pistol unloaded and loaded mags outside of the box.

[mark3lb]

keep your guns in a locked gun case and the ammo in the range bag. You will have no worries my friend.

[CalNRA]

Why would you keep an empty mag in the pistol during transport?

I like the idea of keeping a pistol in a quick access lock box (i.e. gunvault or titan gun vault) in the cab area and a loaded magazine in my pocket or another quick access lock box. Could even have the pistol locked open for even quicker loading in uncertain times.

From the law, I see this as legal but wouldn't want to risk an arrest for it.

Any opinions on this?

edit: Like in this picture with pistol unloaded and loaded mags outside of the box.

I said I keep an empty mag and I got the idea from someone else on Calguns, can't remember who. The idea is that if the cop wants to be anal and argue that the magazine is a part of the gun and thus rounds attached to the magazines are attach to the gun, then keep a whole gun unloaded and other mags as spare parts.

stupid? perhaps. but I am trying to do the best given the douche-ness of my sheriff. He made it hard for any civilian to get a CCW, not my fault. I have no record aside from a traffic ticket 5 years ago and travel at odd times of the day for trips, but since I'm not one of his buddies, no permit in sight. Thanks Sheriff Robbins for keeping our county safe by being an examplary CLEO!!!!!

http://www.scsheriff.com/

he's from San Francisco, FWIW

[The SoCal Gunner]

I said I keep an empty mag and I got the idea from someone else on Calguns, can't remember who. The idea is that if the cop wants to be anal and argue that the magazine is a part of the gun and thus rounds attached to the magazines are attach to the gun, then keep a whole gun unloaded and other mags as spare parts. FWIW

I see.

I totally understand. I'm a resident of Orange County now for school but came from L.A. county where sheriff Baca and Cheif Bratton are in charge and we already know they don't WANT citizens to have guns.