another question about transportation of a firearm

[joeeeeeker]

delete

[Uriah02]

Not a LEO but this is a common question. The trunk is considered a locked container, so as long as the weapon is unloaded you are okay. The magazine loaded but seperate from the locked weapon is good (not sure how a duffle bag makes sense).
There are no permits unless you are talking about a CCW, which you wouldn't need to worry about keeping locked unloaded.

[joeeeeeker]

Not a LEO but this is a common question. The trunk is considered a locked container, so as long as the weapon is unloaded you are okay. The magazine loaded but seperate from the locked weapon is good (not sure how a duffle bag makes sense).
There are no permits unless you are talking about a CCW, which you wouldn't need to worry about keeping locked unloaded.

Sorry, it's actually not a duffel bag. It's actually a small duffelbag-like range bag made by winchester.

[FastFinger]

As far as I understand it the ammo and gun are perfectly fine and legal if they are both in the same container. The ammo can be in a magazine, a box, on a clip, in an old mayonnaise jar, or rolling around loose in the container, they can even attached to the firearm - they CAN NOT however, be loaded in the firearm.

[joeeeeeker]

So you're telling me that I can have a magazine in my handgun as long as there's no ammo in it and it could be just floating around in my trunk?

[BigDogatPlay]

If the magazine has no ammo in it, yes it can be in the gun. One round of ammo in the mag + mag inserted into the gun = loaded gun.

Back to the original question....

glock in an open lock position(locked with the threaded gun lock)inside the factory glock box(no padlock) and ammunition loaded in a magazine in a seperate duffel bag(with no lock). both are carried in the trunk. would this be considered legal transportation?

A vehicle's secured trunk = locked container. As such what you describe is fully legal. As above, the ammo need not be in a separate container from the one the gun is in. The ammo just can not be in the gun.

[Alycon]

The safest bet is to carry your UNLOADED firearm in separate area than your ammunition. Depending on the circumstances at the time, it is up to the courts to decide if the weapon is deemed loaded, when carried with ammunition in close proximity. What the law books say and how they are interpreted in court are miles apart. Generally speaking, if the firearm is kept close enough to live ammunition, in a manner that it can be readily loaded, the weapon is deamed loaded. If caught, you can argue this in court, but why not go the easy route? You can look up seciton 12031 PC for more information. http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

[Ron-Solo]

The safest bet is to carry your UNLOADED firearm in separate area than your ammunition.

Always a safe idea.

Depending on the circumstances at the time, it is up to the courts to decide if the weapon is deemed loaded, when carried with ammunition in close proximity.

Incorrect

What the law books say and how they are interpreted in court are miles apart. Generally speaking, if the firearm is kept close enough to live ammunition, in a manner that it can be readily loaded, the weapon is deamed loaded.

Sorry, that is incorrect. The ammunition must be in a postion where it can be readily fired. You can have a loaded magazine in the case next to the unloaded gun, it just can't be inside the gun

If caught, you can argue this in court, but why not go the easy route? You can look up seciton 12031 PC for more information. http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

Welcome to CalGuns, but please make sure you are posting accurate information. Someone could get hurt or arrested based on info provided here.

[Notorious]

It's like Open Carry... the magazine can be loaded and it can be next to the gun but the loaded magazine cannot be inside the gun. An empty magazine can be inside the gun.

If you are going to transport a pistol, just take the mag out, whether it's loaded or not. Make sure the pistol is not loaded as well. That's the easiest way to do it.

[chewy352]

The safest bet is to carry your UNLOADED firearm in separate area than your ammunition. Depending on the circumstances at the time, it is up to the courts to decide if the weapon is deemed loaded, when carried with ammunition in close proximity. What the law books say and how they are interpreted in court are miles apart. Generally speaking, if the firearm is kept close enough to live ammunition, in a manner that it can be readily loaded, the weapon is deamed loaded. If caught, you can argue this in court, but why not go the easy route? You can look up seciton 12031 PC for more information. http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

The courts have already ruled what is loaded vs. unloaded. Read People v. Clark. If as you say "if the firearm is kept close enough to live ammunition, in a manner that it can be readily loaded, the weapon is deamed loaded." then all the Open Carriers would be in jail as we can load in about 2-3 seconds.

[joeeeeeker]

Thank you LEOs and all others for your clarification and input.

[Notorious]

...then all the Open Carriers would be in jail as we can load in about 2-3 seconds.

Would some OC'ers just love that...

[chewy352]

Would some OC'ers just love that...

Not sure what you mean but all OCers that I know including myself would rather LOC. No one has a desire to go to jail. That is why we follow the law and do not LOC or carry into school zones.

[Notorious]

Not you guys, but the guys who make a spectacle to stir up a crowd and taunt the cops into a confrontation so they can put it on YouTube. I know that's a small portion of OC'ers but they are putting you guys on the radar of LE. We have been getting briefings on it and some incidents with OC'ers in the area.

I respect the RKBA for all. Just don't be jackasses and try to impress folks by walking around with an empty gun. Yes, I've dealt with a few like that and they ruin it for everyone.

[chewy352]

So far I have not seen anyone try to "make a spectacle to stir up a crowd and taunt the cops into a confrontation."

All the OCers I have ever met just want to be left alone. The meetups are usually just a social function to get to know other OCers.

Oh and I take my first statement back. In early Jan 2010 myself and 3 other OCers carried to the same location in San Pedro and drank coffee where another OCer was kidnaped, assaulted, and held for ransom . . . I mean arrested by LAPD for his legal activities. LAPD responded with about 30 men, ambulance and helo and blocked off the street. They handcuffed us and forced us to identify ourselves under color of law. Funny thing is they were so concerned with knowing if we were prohibited persons that within less than a minute of giving our names the cuffs came off and we were given our weapons back. Hows that for an "e" check?!?!?

Of course I have had other better interactions and I do realize that there are more good cops than bad. The biggest problem I have is not with the cops themselves but the mindset that everyone is bad until proven otherwise and the mindset that officer safety trumps civil rights.

If this is way off topic for this thread just let me know and I'll be happy to start a new thread for the discussion.