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Legal way of transporting hand gun.

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  • nzaw4
    Junior Member
    • Apr 2009
    • 22

    Legal way of transporting hand gun.

    Hey guys,

    was reading a thead on how to transport a gun while on a motor cycle.
    which is this thread : http://www.calguns.net/calgunforum/s...d.php?t=192145


    One of the comments state that they can put the hand gun in a locked saddle bag, with a full mags right next to it.

    Does this fall into the same catagory in cars?
    I was always told even a loaded mag that is not in the gun,is some what considered a loaded firearm.

    Atleast i think?

    Sorry for the noob questions.
    http://www.bailbondslosangeles.org/
  • #2
    Decoligny
    I need a LIFE!!
    • Mar 2008
    • 10615

    Originally posted by nzaw4
    Hey guys,

    was reading a thead on how to transport a gun while on a motor cycle.
    which is this thread : http://www.calguns.net/calgunforum/s...d.php?t=192145


    One of the comments state that they can put the hand gun in a locked saddle bag, with a full mags right next to it.

    Does this fall into the same catagory in cars?
    I was always told even a loaded mag that is not in the gun,is some what considered a loaded firearm.

    Atleast i think?

    Sorry for the noob questions.

    You may have been told that, but it is wrong. Take a look at the "Is It Loaded?" pamphlet in the link in my signature. This explains the Penal Codes and it also addresses case law.
    sigpic
    If you haven't seen it with your own eyes,
    or heard it with your own ears,
    don't make it up with your small mind,
    or spread it with your big mouth.

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    • #3
      bigcalidave
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Jan 2009
      • 4489

      Better off in a holster wide open (unloaded) Otherwise, in a locked container unloaded.
      ...

      Comment

      • #4
        gunsmith
        Senior Member
        • May 2004
        • 2028

        nope

        Originally posted by bigcalidave
        Better off in a holster wide open (unloaded) Otherwise, in a locked container unloaded.
        you have to know where all the school zones are, one on every other block in SF it seems like.

        until we win big, I aint open carrying or telling others to
        NRA Life Member

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        • #5
          CA_SHARPSHOOTER
          Member
          • Mar 2009
          • 393

          so would 2 loaded mags detached from the gun in the same case as the gun constitute as loaded if the case was l;ocked?
          "Get in the chopper"_ Arnold Schwarzenegger

          Comment

          • #6
            Glock22Fan
            Calguns Addict
            • May 2006
            • 5752

            Originally posted by CA_SHARPSHOOTER
            so would 2 loaded mags detached from the gun in the same case as the gun constitute as loaded if the case was l;ocked?
            Having two loaded mags in the same locked case as an unloaded firearm is perfectly legal (according to People v. Clark) as long as neither mag is in the mag well (it might also be advisable to have an empty mag in the mag well).

            It would be advisable for you to know the law well enough to argue with cops (and ADA's) who know the law less well than you, and are prepared to take the consequences of their lack of knowledge in terms of the hassle they may give you.

            Therefore I personally never do this. Your mileage may vary.

            In the interests of full disclosure, this advice is probably only correct if you are NOT engaged in illegal or gang activities at the time.
            Last edited by Glock22Fan; 06-09-2009, 2:06 PM.
            John -- bitter gun owner.

            All opinions expressed here are my own unless I say otherwise.
            I am not a lawyer and this is not legal advice.

            sigpic

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            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44633

              Originally posted by CA_SHARPSHOOTER
              so would 2 loaded mags detached from the gun in the same case as the gun constitute as loaded if the case was l;ocked?
              Glock22fan answered your real question, but including "if the case was locked?" suggests you are confusing two different problems.

              'Ammunition' and 'locked' are not related.

              PC 12025 is the law prohibiting concealed carry without CCW, and PC12026.1 and .2 are exceptions from 12025, telling you to use the locked case.

              PC 12031 is the law about loaded guns in public. It's true that in addition to in the locked case the gun must also be unloaded, and having magazines with cartridges in them in the same case with the gun does not make the gun loaded - whether or not the case is locked.
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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