Carrying Concealed Unloaded Illegaly

[slowxturtle]

Is carrying a loaded concealed handgun without a permit legally the same as carrying a UNLOADED concealed handgun without a permit?

Would it be a felony or less of a charge?

[bigcalidave]

Concealed is a charge (12025) and loaded is a charge (12031)

[InGrAM]

Two charges like he said ^ . And it is a misdemeanor to conceal a firearm without a permit.

[slowxturtle]

Thanks. I read Penal Code 12025 and it also mentions carrying of ammunition. So is it still a misdemeanor if a person conceal carry's an unloaded pistol with a loaded magazine removed from the gun but also concealed?

[Jason P]

It's a misdemeanor to live in California, a felony to own a gun here. CA PC WTF101

[WootSauce]

It is illegal to carry a concealed pistol without a licence/permit. Period.
(In the state of CA)

[Maestro Pistolero]

Misdemeanor gets upgraded to felony if not registered in CA.

[slowxturtle]

Yeah, I understand that it's illegal. What I would like to know is if it's a felony or a misdemeanor in the scenario I provided with a ca registered gun.

[Meplat]

It is illegal to carry a concealed pistol without a licence/permit. Period.
(In the state of CA)

Thank you so much for that information.

[bigcalidave]

Thanks. I read Penal Code 12025 and it also mentions carrying of ammunition. So is it still a misdemeanor if a person conceal carry's an unloaded pistol with a loaded magazine removed from the gun but also concealed?

Yes, concealed is concealed, your situation would not be loaded though.

From People V hale we assume that JUST the magazine being concealed = the firearm being concealed, http://www.calguns.net/calgunforum/s...ad.php?t=93294 even if the rest is not.
However the definition of loaded is fairly concrete now. I forget the cite on this one! oops

[Meplat]

Yeah, I understand that it's illegal. What I would like to know is if it's a felony or a misdemeanor in the scenario I provided with a ca registered gun.

Misdemeanor either way in the absence of complicating factors. As above, it can but not necessarily will be bumped up to a felony if the pistol is not registered to you. Other considerations, like being a know gang member, or a prohibited person, or in the commission of a crime will influence the range of possible charges. It's complicated. After all, most Californians are in commission of some sort of crime most of the time. Actually what will have the most effect on how you are charged, or even if you are charged, will depend on your race, your attitude, your dress, your car, your grooming, your rap sheet (or lack thereof), your sheriff, your DA, your police chief, the watch commander, the officers discretion, and most important, the general culture of the community.


I don't do it any more but used to LCC all the time. I was "made" by LE three times. Never been detained. Never went home without my gun. Been told; "You know you really should get a permit for that thing." So, I did.

[slowxturtle]

Thanks BIGCALIDAVE

I don't do it any more but used to LCC all the time. I was "made" by LE three times. Never been detained. Never went home without my gun. Been told; "You know you really should get a permit for that thing." So, I did.

LOL, funny. I guess only in Fresno could you get away with that. Can't believe they actually made you with it though. Pretty impressive on the cops parts.

[nicki]

Concealed pistols.

When carrying a concealed pistol without a license, they charge you with 2 offenses.

1. Carrying a concealed pistol without a license

2. Carrying a loaded firearm without a license.

2 misdemeanors don't add to up to 1 felony, at least not yet.
Depending on where you are in the state, the legal system will screw with you.

Nicki

[slowxturtle]

When carrying a concealed pistol without a license, they charge you with 2 offenses.

1. Carrying a concealed pistol without a license

2. Carrying a loaded firearm without a license.

2 misdemeanors don't add to up to 1 felony, at least not yet.
Depending on where you are in the state, the legal system will screw with you.

Nicki

For charge#2, my hypothetical scenario is with a firearm that does not have a magazine in the pistol. Rather, the loaded magazine is in a magazine holster, which is also concealed.

[Meplat]

Thanks BIGCALIDAVE



LOL, funny. I guess only in Fresno could you get away with that. Can't believe they actually made you with it though. Pretty impressive on the cops parts.

Well, not in some cases. I consented to a search. You need to know the turf to know the best way to go. If you know that if you are "free, white & 21" you will get away with it (unless you give them trouble) it helps.

Cops are trained to pick up on the little body language moves that say I'm armed. But I don't think I ever was a victom of that. Mostly just traffic stops and fishing expiditions. Sometimes it's good to say yes.