Turners Information or "Misinformation"?

[sgtmrangel]

I overheard staff behind the counter at my local Turner's tell a customer that...
"In California, carrying a loaded magazine is considered a loaded firearm" "you cannot carry loaded magazines in your vehicle even though they are not in the magazine well of the firearm"

Since that day, I've done quite a bit of searching and have not found the P.C. Code to back that up.

Can anyone possibly shed some light or point me to the P.C. for this violation.

As far as I have found, the only restriction is that the firearm itself is not loaded and it is stored in a locked container.

Thanks for you time.

[Skip_Dog]

Don't gave the pc, but you got fudded...

Perfectly fine to have loaded mags not inserted in a firearm in your car. School zones may be different.

[SkyHawk]

This FUD has been around a long time, here is a thread from 7 years ago with the exact same subject

https://www.calguns.net/calgunforum/showthread.php?t=668552

That only applies to prohibited possessors, not law abiding people. And the magazine does not have to be loaded. Posession of either a magazine or ammunition is a felony for a prohibited possessor. CA PC29810

http://leginfo.legislature.ca.gov/fa...ctionNum=29810.

[71MUSTY]

It's right in the PC, look up the Turner's Code. Only applies to Turner's Employees.

[blackberg]

unfortunately, you cant believe most gun store workers, heard some crazy stuff over the years....

[OCEquestrian]

I overheard staff behind the counter at my local Turner's tell a customer that...
"In California, carrying a loaded magazine is considered a loaded firearm" "you cannot carry loaded magazines in your vehicle even though they are not in the magazine well of the firearm"

Since that day, I've done quite a bit of searching and have not found the P.C. Code to back that up.

Can anyone possibly shed some light or point me to the P.C. for this violation.

As far as I have found, the only restriction is that the firearm itself is not loaded and it is stored in a locked container.

Thanks for you time.

Any handgun needs to be in a locked container and the trunk is considered a locked container. SUV/pickem up truck you need a locked container. A center console or glove box is NOT considered a locked container for the purposes of handgun transport. The gun is not considered loaded unless there is a round in the chamber and/OR, a loaded magazine inserted into the mag well...


From the CHP website "FAQ"..... https://www.chp.ca.gov/home/faq#3390...22%3A%22%22%7D

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.

[sgtmrangel]

This FUD has been around a long time, here is a thread from 7 years ago with the exact same subject

https://www.calguns.net/calgunforum/showthread.php?t=668552

That only applies to prohibited possessors, not law abiding people. And the magazine does not have to be loaded. Posession of either a magazine or ammunition is a felony for a prohibited possessor. CA PC29810

http://leginfo.legislature.ca.gov/fa...ctionNum=29810.

Thanks! That was a good read!

[igs]

School zones may be different.

More FUDD. If you don't know the answer don't answer.

[five.five-six]

Heard this from a guy willing to work for minimum wage simply for the privilege of fondling guns he’ll never afford, did you?


Need I say more?

[gumby]

Any handgun needs to be in a locked container and the trunk is considered a locked container. SUV/pickem up truck you need a locked container. A center console or glove box is NOT considered a locked container for the purposes of handgun transport. The gun is not considered loaded unless there is a round in the chamber and/OR, a loaded magazine inserted into the mag well...


From the CHP website "FAQ"..... https://www.chp.ca.gov/home/faq#3390...22%3A%22%22%7D

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.

This^^^^^^^^^^^^^

[sgtmrangel]

This^^^^^^^^^^^^^

Thanks!

[RickD427]

I overheard staff behind the counter at my local Turner's tell a customer that...
"In California, carrying a loaded magazine is considered a loaded firearm" "you cannot carry loaded magazines in your vehicle even though they are not in the magazine well of the firearm"

Since that day, I've done quite a bit of searching and have not found the P.C. Code to back that up.

Can anyone possibly shed some light or point me to the P.C. for this violation.

As far as I have found, the only restriction is that the firearm itself is not loaded and it is stored in a locked container.

Thanks for you time.

I think I know where this one got started. Don't look to the Penal Code for the details, they're in case law.

Please review the California Court of Appeals 1974 decision in People v Hale. In that case, Hale was stopped by deputies who observed an unloaded pistol, without its magazine, in plain view, in the vehicle. At the time that was perfectly legal. Deputies searched the vehicle and found the magazine for the weapon, ammunition and Hale's stash of amphetamine concealed under the console's ashtray.

Hale accepted a plea deal to the dope charge only and challenged the lawfulness of the vehicle search. The court found that the missing magazine provided probable cause to search the vehicle for it on the grounds that if the magazine, being a component of the firearm, were concealed, then the crime of carrying a concealed weapon would be present. The court noted that the law did not require complete concealment of the firearm, the concealment of the magazine was sufficient.

The Hale case was briefed to LEOs during the "Open Carry" protest days. many folks openly carried unloaded handguns during those events, but also had loaded magazines in pockets, just in case the need for them should arise. The Hale case provided a basis to for arrest in such cases.

I'm aware of one CCW Instructor in Northern California (who was also a California Highway Patrolperson) who used Hale to teach that it was a crime a carry a concealed loaded magazine. That would be true if the person was also in possession of the corresponding firearm (in which case the crime would also be complete even if the magazine were unloaded). But without the corresponding weapon being present, Hale creates no criminal liability.

[sgtmrangel]

I think I know where this one got started. Don't look to the Penal Code for the details, they're in case law.

Please review the California Court of Appeals 1974 decision in People v Hale. In that case, Hale was stopped by deputies who observed an unloaded pistol, without its magazine, in plain view, in the vehicle. At the time that was perfectly legal. Deputies searched the vehicle and found the magazine for the weapon, ammunition and Hale's stash of amphetamine concealed under the console's ashtray.

Hale accepted a plea deal to the dope charge only and challenged the lawfulness of the vehicle search. The court found that the missing magazine provided probable cause to search the vehicle for it on the grounds that if the magazine, being a component of the firearm, were concealed, then the crime of carrying a concealed weapon would be present. The court noted that the law did not require complete concealment of the firearm, the concealment of the magazine was sufficient.

The Hale case was briefed to LEOs during the "Open Carry" protest days. many folks openly carried unloaded handguns during those events, but also had loaded magazines in pockets, just in case the need for them should arise. The Hale case provided a basis to for arrest in such cases.

I'm aware of on CCW Instructor in Northern California (who was also a California Highway Patrolperson) who used Hale to teach that it was a crime a carry a concealed loaded magazine. That would be true if the person was also in possession of the corresponding firearm (in which case the crime would also be complete if the magazine were unloaded). But without the corresponding weapon being present, Hale creates no criminal liability.

Wow! Thanks.

[SkyHawk]

The court noted that the law did not require complete concealment of the firearm, the concealment of the magazine was sufficient.

The Hale case was briefed to LEOs during the "Open Carry" protest days. many folks openly carried unloaded handguns during those events, but also had loaded magazines in pockets, just in case the need for them should arise. The Hale case provided a basis to for arrest in such cases.

I'm aware of one CCW Instructor in Northern California (who was also a California Highway Patrolperson) who used Hale to teach that it was a crime a carry a concealed loaded magazine. That would be true if the person was also in possession of the corresponding firearm (in which case the crime would also be complete even if the magazine were unloaded). But without the corresponding weapon being present, Hale creates no criminal liability.

Interesting. So is it a crime to carry a concealed magazine, if the firearm is present but not concealed? What would be the charge?

[RickD427]

Interesting. So is it a crime to carry a concealed magazine, if the firearm is present but not concealed? What would be the charge?

The charge would be PC 25400 (Carrying a Concealed Weapon). The court in Hale made clear that only a part of the weapon (in Hale's case, only the magazine) had to be concealed in order for the crime to be present. The complete concealment of the weapon was not required.