question regards towards hunting

[m98]

my question is that is it legal to have a loaded Magazine- not attached to the firearm/or loaded firearm, while moving from one hunting area to another on offroad trails? I'm asking this because I hate to load-unload-load-unload my mags when going from place to place. I carry about 5 mags for the sidearm and 4 for the rifle...why so many mags....(think)crop growers or(bad guys).
I know that in the published f/g booklet it states that it is illegal to transport a loaded firearm on public property but it's statement on the loaded mag only is kinda blurry. Any of you guys who hunt have a say on this?

[C.G.]

Originally posted by m98:
my question is that is it legal to have a loaded Magazine- not attached to the firearm/or loaded firearm, while moving from one hunting area to another on offroad trails? I'm asking this because I hate to load-unload-load-unload my mags when going from place to place. I carry about 5 mags for the sidearm and 4 for the rifle...why so many mags....(think)crop growers or(bad guys).
I know that in the published f/g booklet it states that it is illegal to transport a loaded firearm on public property but it's statement on the loaded mag only is kinda blurry. Any of you guys who hunt have a say on this?

By Fish and Game regulations, a weapon is considered loaded when a round is chambered. So, you may have a magazine attached just as long the round is not chambered and it is not against local laws.

[LongBch_SigP226]

Originally posted by cg:
By Fish and Game regulations, a weapon is considered loaded when a round is chambered. So, you may have a magazine attached just as long the round is not chambered and it is not against local laws.

You sure about this? Section 12031 (g) of CA penal code states "(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."

So that sounds like even if you have loaded magazine attached to the firearm, it is considered loaded.

[_dk6@excite.com]

I have been checked many times when driving from one spot to another. As long as you are in the hills, you can travel with a loaded magazine as long as a round is not chambered.
The ranger will ask you to open the bolt and inspect the chamber. This does not apply to transoporting the weapon in a city.

[Pablo]

Originally posted by DingChavez:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by cg:
By Fish and Game regulations, a weapon is considered loaded when a round is chambered. So, you may have a magazine attached just as long the round is not chambered and it is not against local laws.

You sure about this? Section 12031 (g) of CA penal code states "(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."

So that sounds like even if you have loaded magazine attached to the firearm, it is considered loaded. </div></BLOCKQUOTE>

CG is right, however he is talking about <span class="ev_code_RED">Fish and Game regulations</span>
You are also right Ding Chavez but you're talking about <span class="ev_code_RED">CA penal code </span>
so at the end if you are moving from one hunting area to another you sill need to unload your magazines.

[LongBch_SigP226]

http://www.fgc.ca.gov/2004/04birdcombo.pdf

Open that PDF file from CA Fish & Game (you'll need Acrobat Reader) and read page 66 titled "Prohibition on loaded rifle or shotgun in vehicle".

P.C. 12031 (g)

[C.G.]

Originally posted by DingChavez:

http://www.fgc.ca.gov/2004/04birdcombo.pdf

Open that PDF file from CA Fish & Game (you'll need Acrobat Reader) and read page 66 titled "Prohibition on loaded rifle or shotgun in vehicle".
P.C. 12031 (g)

No question on driving/gun in vehicle; but by "offroad trails" I assumed M98 would be hiking. So, M98 did you mean walking or driving? In either case, you have your answer.

[delloro]

when you are on a public roas, the PC says totally unloaded. when you are not on a public road, the PC section above does not apply, but the F&G regs do.

if you want to know whether a particular piece if dirt is a public road or not, just ask the ranger as they will know and they will tell you.

[capitol]

Public or private property, in the city or in the middle of the desert, California law still applies. You cant legally have a firearm loaded in your vehicle. This section of the penal code pretty much somes up the definition of "loaded"

Section 12031 (g) of CA penal code states "(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

[delloro]

Originally posted by capitol:
Public or private property, in the city or in the middle of the desert, California law still applies. You cant legally have a firearm loaded in your vehicle. This section of the penal code pretty much somes up the definition of "loaded"

Section 12031 (g) of CA penal code states "(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

if you are going to practice law without a license, at least do a better job and cite all of the relevent parts of the PC section....

12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.

(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.

(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.

(i) Nothing in this section shall prevent any person from carrying
a loaded firearm in an area within an incorporated city while
engaged in hunting, provided that the hunting at that place and time
is not prohibited by the city council.

(l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.


So I hope you can see that if you are not in an incorporated city or a prohibited area, then PC12031 does not apply.

[capitol]

Originally posted by delloro:
[if you are going to practice law without a license, at least do a better job and cite all of the relevent parts of the PC section....

Well, I did stay in a Holiday Inn last night

[LongBch_SigP226]

Originally posted by delloro:

if you are going to practice law without a license, at least do a better job and cite all of the relevent parts of the PC section....

12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.

So I hope you can see that if you are not in an incorporated city or a prohibited area, then PC12031 does not apply.

You omitted "any public place" part. That is the most important part.

Anyhow, I think we are drifting from the topic a little.

My guess is that you don't need to empty your magazine while moving from one hunting spot to another on offroad trail. For safety reason (accidental discharge) and potentially legal reason, you should clear the chamber and detach mags from your guns. Keep the mags in mag pouch on your belt or something so if you do need to defend yourself from crop growers, you can easily grab them.

[m98]

It'll mostly be traveling from a vehicle on trails like logging/fire roads.

[C.G.]

Originally posted by m98:
It'll mostly be traveling from a vehicle on trails like logging/fire roads.

M98 you are not making this easy. Travelling "from a vehicle" would, again, mean walking. Travelling "in a vehicle" would make it driving. Which one is it? In any case, the answers are above.

[delloro]

Originally posted by LongBch_SigP226:
You omitted "any public place" part. That is the most important part.

I didn't omit it, it's there in my citation. and I don't see how it's the most important part. The "public place" is a qualifier within the subset of "incorporated city" or "prohibited area." if you are not in an incorporated city or a prohibited area, i.e., not hunting within city limits (generally, there is an exception) or an area where you are not allowed to hunt or have a gun (like a park or a wildlife preserve), then the "public place" does not matter. The "public place" means you can have a loaded firearm in a private place, even within a city or a prohibited area.

Originally posted by LongBch_SigP226:
Anyhow, I think we are drifting from the topic a little.

I don't think so, i thought I was right on point?

Originally posted by LongBch_SigP226:
My guess is that you don't need to empty your magazine while moving from one hunting spot to another on offroad trail. For safety reason (accidental discharge) and potentially legal reason, you should clear the chamber and detach mags from your guns. Keep the mags in mag pouch on your belt or something so if you do need to defend yourself from crop growers, you can easily grab them.

That's oversimplified.

If your move from one hunting spot to another takes you on a public road or in/through city limits or a prohibited area, then PC12031 applies and you must totally unload the weapon. if not, then you need only clear the chamber.