Wondering if ammo or boxes full/empty constitute PC for search of a vehicle.
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Does ammo consitute PC?
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No Way... If you have a pack of matches on your dash it doesnt give PC to search your car for dope, why would ammo give PC to search your car for guns? I wouldnt think so unless you had probation terms or something else that prohibited you from having a firearm in general that the officer knew about. Then it might constitute a search.Last edited by Eroland7; 07-28-2009, 12:36 AM.Here kitty kitty...
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Because usually nothing makes sense when dealing with the law, so I wanted to know because I've been LUCC lately in my truck and if I have ammo or w/e next to me I'd rather not have them poking around.OCSD Approved CCW Instructor
NRA Certified Instructor
CA DOJ Certified Instructor
Glock Certified ArmorerComment
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To many unknowns. There could be situations where it would be probable cause for a search, and other situations where it would not be.
I would be more concerned with criminals seeing the ammo boxes in your car, and them breaking in assuming there were guns in your car.
It's just to easy to put ammo in the trunk, or cover the boxes if they have to be left in the passenger compartment.
Plan ahead and be stealthy whenever you carry ammo or firearms in your vehicle.Poke'm with a stick!
Originally posted by fiddletownWhat you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.Comment
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Too many variables. Keep the stuff put away and keep your stuff legal. Plain and simple.
Too many of your posts sound like a fishing expedition. Loco, if you continue to walk that fine line, eventually you will trip up and fall into the briar patch. I would prefer that did not happen.
It simply isn't that dangerous out there and some of you posts sound like paranoia. Good common sense and situational awareness is your best weapon. The times when a firearm is necessary for personal defense are extremely rare.
While I'm not saying 'never' I'm just a little concerned about you based on some of your intrepretations of the laws and Constitutional issues. You always seen to want to deal in absolutes, which don't work in the real world.LASD Retired
1978-2011
NRA Life Member
CRPA Life Member
NRA Rifle Instructor
NRA Shotgun Instructor
NRA Range Safety Officer
DOJ Certified InstructorComment
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Ron, +1000 on you assessment of locosway.Comment
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That's the funny thing about the internet, people never come across as how they are.
The only laws I break are the cell phone law and sometimes 5 over the limit when driving. Other than that, I'm squeaky clean.
I had only asked about the ammo because I picked up a can full of ammo and tossed it on the front seat of my truck. While I was driving I imagined a motor cop pulling up beside me and seeing the ammo.
So, I figured I'd ask and see what the real deal was on having ammo in the open. Apparently I'm a shady character because my posts are misconstrued.OCSD Approved CCW Instructor
NRA Certified Instructor
CA DOJ Certified Instructor
Glock Certified ArmorerComment
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No law against carrying ammo around, and by itself absent anything else I could articulate then I'd say no. Not to make a long story out of it but if I stop you I am going to ask about it if it's sitting out where I can see it.
No law against me doing that.
-- Rifle, Pistol, Shotgun
Not a lawyer, just a former LEO proud to have served.
Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James MadisonComment
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Hello, I live in Los Angeles county now and have recently purchased a 9mm pistol. I plan on LUCC everywhere that is legally possible. I have a few questions:
1. I will lock my unloaded handun in a soft side bag with a loaded magazine with a TSA padlock to secure the zipper closed. Is having a loaded magazine in the case with the gun illegal?
2. Must I keep the loaded magazine separate from the handun that is locked inside the case? I have heard having a loaded magazine stored inside your LUCC case constitutes a "loaded handun". Is this true?
Thanks for your answers.Comment
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Which raises another interesting question.... is a soft bag a "locked container". Probably, and I don't have my hands on case law at present, but think of it in terms of PC 12026.1 (c)....Hello, I live in Los Angeles county now and have recently purchased a 9mm pistol. I plan on LUCC everywhere that is legally possible. I have a few questions:
1. I will lock my unloaded handun in a soft side bag with a loaded magazine with a TSA padlock to secure the zipper closed. Is having a loaded magazine in the case with the gun illegal?
You can have the loaded mag in the case with the gun. No problem with that.(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.
See People v. Clark on the Calguns wiki. Just having the mag in case with the gun does not make it loaded. That said.... you can not have the loaded mag inserted into the handle of the gun. If you do have the mag inserted, then you are carrying loaded and concealed and you are committing a crime unless you have a CCW permit or another exemption from PC 12025 and 12031.2. Must I keep the loaded magazine separate from the handun that is locked inside the case? I have heard having a loaded magazine stored inside your LUCC case constitutes a "loaded handun". Is this true?
Thanks for your answers.
-- Rifle, Pistol, Shotgun
Not a lawyer, just a former LEO proud to have served.
Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James MadisonComment
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