Locked Container Question

[ARDude]

If there's a gun in car A
A magazine loaded with ammo in car B
Car A and B have a wreck
Do both drivers go to jail for a loaded gun

HaHa That's a good question.

[Tripper]

Locked Container Question

I just got back from the range a bit ago
5 guns, magazine for each, all in the same container, the magazines were loaded, none were inserted in the mag wells, I'm pretty sure the cleaving cloth separated them at all times
If any officer wants to arrest me, PM me and I'll get you a good address to contact me to affect the arrest, I'm happy to even recreate the scenario in person

[Tripper]

HaHa That's a good question.

Well the cars were attached at some time and may actually be still entangled at the bumpers.
The fact that could actually be a possibility is really sad

[Tripper]

If you have an encounter with LAPD, and you have an unloaded firearm in a locked container, and ammo is in that locked container, you will probably go to jail. I have seen this happen many times.

All those ppl you seen that happen to need good lawyers

[StuckInTheP.R.O.Ca]

Only if:

A) You silly or stupid enough to volunteer the fact that you have a firearm in the vehicle.

B) You are silly or stupid enough to consent to a search of your vehicle.

C) You've done something that has given cops RS or PC to search (or inventory) your vehicle without your permission.

Or

D) Officer fabricates PC for a search.

It's been known to happen.

[StuckInTheP.R.O.Ca]

If there's a gun in car A
A magazine loaded with ammo in car B
Car A and B have a wreck
Do both drivers go to jail for a loaded gun

Sounds reasonable in this so called state.

[Mitch]

All those ppl you seen that happen to need good lawyers

Last year I had occasion to hire a good lawyer, on behalf of a friend.

Good lawyers are expensive, let me tell you.


This question comes up weekly. Is it legal to transport ammunition, or even loaded magazines, in the same container as a firearm? Absolutely, the case law is irrefutable. But we also know that many zealous LEOs and DAs will only be too happy to charge you for doing so. Based on my experience mentioned above, that's an $8,000 charge, without even going to court, and not including the bail bond, if they send you to jail. So is the dubious advantage of transporting loaded magazine and firearm in the same container worth a potential $8,000 legal bill? I guess that is the real question.

[Tripper]

It's an $8,000 investment

[Sniper3142]

The problem there is the possibility they see a magazine in the back floor board, they now don't need your consent

I don't think that is even remotely correct!

I doubt that having a firearm magazine is PC to search the entire vehicle. It might cause a LEO to ask to verify that any firearm present are properly secured, but it doesn't confirm the presence of a firearm . A magazine does not mean a firearm is present, nor is it usually illegal by itself.

[teg33]

If you have an encounter with LAPD, and you have an unloaded firearm in a locked container, and ammo is in that locked container, you will probably go to jail. I have seen this happen many times.

Nope, unless you have firearm with intention to do crime, like robbing bank etc, or if you dress up like gang members, LAPD is famous for profiling gang members. If you dress like one, surely they'll detain you and sort things out later.
I have encounter with LAPD during DUI checkpoint. I got my unloaded gun and my loaded magazine inside a locked container. No problem, I was on my my a few minute later.

If you worry, just download and print from CHP website regarding how to transport firearm and leave it in your vehicle.

[Mitch]

It's an $8,000 investment

Investment in what? If you are caught again, you have to pay the lawyer again.

[Tripper]

I don't think that is even remotely correct!



I doubt that having a firearm magazine is PC to search the entire vehicle. It might cause a LEO to ask to verify that any firearm present are properly secured, but it doesn't confirm the presence of a firearm . A magazine does not mean a firearm is present, nor is it usually illegal by itself.

Yes it is probable cause to search for the other parts of the firearm, I think that is even specified in the hale decision

[Tripper]

Investment in what? If you are caught again, you have to pay the lawyer again.

If they don't know the law they definitely should know and that's called negligence

[Mitch]

If they don't know the law they definitely should know and that's called negligence

I have no idea what you are talking about.

You seem to express the casual acceptance of the justice system of someone who has never actually been ensnared in it.

[Tripper]

Locked Container Question

I have no idea what you are talking about.



You seem to express the casual acceptance of the justice system of someone who has never actually been ensnared in it.

I've been more than ensnared
I'm thinking there may be an attorney somewhere that would love the opportunity to file a suit on that. First thing I would push for would be factual innocence, then it would be next to impossible to be arrested for the same again. Then sue each person individually, negligence means no qualified immunity, the officer for making the arrest, his superiors for not objecting to it, his FTO for not training properly, Of course there would be more in the end, eventually I'm sure they would make sure appropriate training came about

Well, at least one could hope/dream ya know