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  • #16
    Rob P.
    Senior Member
    • Jul 2007
    • 1223

    Originally posted by holyhandgrenade
    If you get pulled over for a traffic violation, and they ask, you should answer truthfully, right? Im only wondering because if its in a locked container, and unloaded, the officers safety isnt really an issue I wouldnt think. My main question was whether that gives them the right to search the car? They wouldnt have to ignore anything they find I assume, but do they have to limit the looking to just make sure the firearm is unloaded and thats it? Or does it basically give them free reign over your car?
    Basic rule:

    STFU when asked anything. Selective hearing is your friend. Blabbermouth is not.

    Even if LEO sees the gun case and asks "what is in the case" or "do you have a firearm/gun in the case" your response is [insert sound of crickets here] and a bland look.

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    • #17
      mymonkeyman
      Senior Member
      • Jan 2008
      • 1049

      Originally posted by Rob P.
      No. Some advocate "a lock between the gun and the ammo" but it's not required per the law.

      An interesting debate based on viewpoint can be made regarding having ammo in the same locked container. Having one bullet taped to the gun could mean that the gun is "loaded" under the current interpretations of the statute. Having a loaded magazine in your pocket could be considered by some overzealous LEO/DA's to mean carrying a concealed weapon ("gun or its parts" language in the statute).

      Having that loaded magazine inside the same locked container could be considered to mean that the gun is "loaded" because the bullets are in the magazine and/or it is touching the firearm. Not to mention the fact that the magazine could possibly wind up getting inserted into the mag well just from traveling over bumps and vibrations. Not very likely but the odds say that it IS possible and I certainly wouldn't want to be the person stopped for an "unloaded gun check" and discover that the odds had caught up with me.

      All in all, lock up the handgun and keep the ammo in the box until you need it at the range.

      This is not true. There is a binding California Appellate Court interpretation of the statute that says that "attached to the firearm" means attached to the firearm in a way prepared to fire, such as in the chamber, or in the clip or magazine in the weapon, or for a non-conventioanl firearm, attached in some other way that is prepared to fire.

      Read the quote from People v. Clark.
      Last edited by mymonkeyman; 03-02-2008, 11:23 AM.
      The above does not constitute legal advice. I am not your lawyer.

      "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

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