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**AJAX22** · 05-24-2007, 1:29 PM

we've been over this a few times, so you might want to check the search function.

but the simple version is, if you're not a gang member then the magazine has to be in the gun for it to be considered loaded.

I have a letter from the DOJ on anther computer where they state that its A-OK to have a long gun in the car with you, and a loaded magazine sitting next to it. handguns on the other hand have to be locked in a secure container (your trunk works) and stored seperate from the ammo, however the ammo can be in the magazine if the mag is not in the gun.
and seperately storing it could just be a differrent zippered pocket in a range bag.

IANAL so take it for what its worth.

**Librarian** · 05-24-2007, 3:23 PM

Probably this thread covers the question

Calguns.net

http://www.calguns.net/calgunforum/showthread.php?t=52485

**CitaDeL** · 05-25-2007, 9:15 AM

Originally posted by Actegra

What would be the definition of a loaded weapon in CA? Can a loaded magazine be considered as part of the gun if not attached to the gun? Can you have an empty magazine in a gun and be considered a loaded gun? I've been curious about this for awhile and have never really gotten a straight answer. Also, what is the best way to transport firearms? I've heard things such as keeping the gun and ammo separate as well as the magazines. I've been into guns for awhile and would really like to learn as much as possible. I currently own 3 guns (2 rifles and a handgun.) Thanks for any help in advance.

There are actually two answers to this question about what defines a loaded weapon- and this is what gets people confused.

The definition that has already been covered is in PC12031- It reads;

(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

The other definition appears in PC171 and relates specifically to prohibitions of carrying weapons into government buildings and the Governors mansion unless youre a PO- It reads;

171e. A firearm shall be deemed loaded for the purposes of Sections
171c and 171d whenever both the firearm and unexpended ammunition
capable of being discharged from such firearm are in the immediate
possession of the same person.

I think there is another citation that parrots this standard, but I cannot recollect where it was.

So there's two differing standards, neither of which aply in all circumstances.

A loaded magazine not inserted or attached to a firearm would not constitute a loaded weapon under PC12031.

An empty magazine inserted into a firearm would not constitute a loaded weapon under any circumstance that I can think of.

Best way to transport a firearm? If it were an ideal world, it would be loaded and secured in a belt holster. But- you would need a CCW license for that. As has been mentioned - weapon locked in a case seperate from the ammunition is adequate.

**Rumpled** · 05-25-2007, 2:50 PM

To add more confusion, the Fish and Game Code adds that a weapon is only loaded if there is a round in the chamber.
This is what a Warden will typically enforce, not the more restrictive penal code.