Carry Question

[billstoudt]

Hi guys just a quick question. i was talking to an officer in my home town (corona ) i was asking him some questions because i am looking into getting my ccw, he told me that it is somehow legal for me to carry my weapon concealed but unloaded and keep the magazine in my pocket.

i'm curious what truth there is to this and if it is could someone point me to the legalities / limitations of this so that i can look into this myself.

Thanks in advance

[ChuckBooty]

You can carry a concealed weapon in a locked container. You can keep the magazine right next to the firearm, just not in the magazine well. Look here: http://gunwiki.net/Gunwiki/RefLegalCaLUCC

[billstoudt]

So what the officer told me was incorrect ?

[Librarian]

So what the officer told me was incorrect ?

Yes, what you report he told you was incorrect.

Either carry openly, or concealed in a locked container, both ways unloaded, until you get CCW.

Read the Wiki article http://wiki.calgunsfoundation.org/in...p/Transporting

[Roddd]

Don't carry a concealed firearm without a license. Loaded or unloaded...you could face felony charges. Get your CCW permit.

[GrizzlyGuy]

The officer is correct if he meant while you are on your way to go hunting or fishing and you have a hunting or fishing license. I like to call that "redneck CCW". See 12027 (g):

Section 12025 does not apply to, or affect, any of the
following:

{...}

(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.

The gun doesn't have to be in a locked container, stuffed inside your jacket is fine. This assumes that you aren't traveling through school zones (would need to be locked up to comply with the GFSZ laws in that case).

[ThePeaceMaker707]

Don't carry a concealed firearm without a license. Loaded or unloaded...you could face felony charges. Get your CCW permit.

Carrying concealed is a misdemeanor. It can be a felony, according to 12025(b)(6) PC, if:

(A) Both the pistol...and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol...is loaded...

--AND--

(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106, as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.


But, misdemeanor or felony, it's still illegal.

[Notorious]

So if you CCW your own gun without a license, it's a misdemeanor, but if you CCW without a license someone else's gun, it's a felony. Yep, totally makes sense to me.

What the officer told you would get you a meeting with a judge pretty quick to answer for having violated Penal Code section 12025.

You want to carry like that unloaded with a mag in your pocket? Do it Open Carry with an unloaded gun. Then you can hang out at Starbucks and meet other OC'ers and have marches down the street to show solidarity.

[cousin avy]

I recently posted a thread under a different section of this forum about wearing a CCW-specific fanny-pack with an unloaded handgun in it while having the zippers of that fanny-pack secured with a padlock, and having a loaded magazine in a separate compartment of that same fanny-pack. Technically it's a "locked container" . . . However, I was amazed, being a new member, how many different interpretations I received . . . .

GrizzlyGuy's comment on that particular section of PC has always intrigued me . . . though it very well may be legal, my god...... what a "sell" that would have to be for a LEO who was not familiar with that section of PC in the event you got stopped for something . . . let alone what would happen if you had to use that firearm to legally defend yourself . . .

Billstoudt . . . .

I am in an even worse situation than you are . . . as I have no chance of ever getting a CCW due to the county I reside in. (that comment is in no way meant to ignite or initiate a separate discussion, it is just a fact.)

My point is . . . the more I look into these "hypothetical situations" the more it makes me want to leave my handgun at home, locked away in the safe. I won't UOC, which leaves my only option to LUCC. And that is such an ambiguously gray area, it's almost not worth it IMHO...... I would love to know what conclusion you end up arriving to. I'm not an LEO or Lawyer... Just a Cal-gunner with the thirst for knowledge. Thanks to all you LEO's for your input.....like many other members here would agree, it is very much appreciated.

[Notorious]

Why not just have it locked in a softcase inside your backpack or messenger bag? It's a lot cooler looking than a fanny pack and doesn't scream "GUN!" to everyone that knows what to look for.

[cousin avy]

You bring up a good point, one I have considered. I had only intended on using the fanny-pack concept when visiting state parks that allow OC, a fanny-pack in that situation does not necessarily scream "gun" in my opinion. My apologies if I veered off-track with the original topic of this thread. I just wanted to convey to billstoudt that though there is a particular exception to carrying concealed here, it is clearly not a wise idea. Much respect to those of you who can legally CCW, weather civilian or LE - I am envious...........

[Notorious]

Trust me... sometimes carrying a gun is not all that it's cracked up to be. Your clothing choices get very limited. Your activities become very limited. Your life basically is changed to make it work. For most people, it is no big deal, but then if you have an active lifestyle, then there will be many times where you just simply can't carry and have to leave it in the car or home and that's just a bad feeling.

The extra weight also kills after a long day. You also have to be extra mindful of what you are doing so your gun is not revealed when you do certain activities, thereby scaring some of the sheeple out there.

Not that I would give it up or anything, but it's not like all peaches and cream either. I know, the forbidden fruit of CCW makes it seem different, but the novelty wears off.

[Turo]

Trust me... sometimes carrying a gun is not all that it's cracked up to be. Your clothing choices get very limited. Your activities become very limited. Your life basically is changed to make it work. For most people, it is no big deal, but then if you have an active lifestyle, then there will be many times where you just simply can't carry and have to leave it in the car or home and that's just a bad feeling.

The extra weight also kills after a long day. You also have to be extra mindful of what you are doing so your gun is not revealed when you do certain activities, thereby scaring some of the sheeple out there.

Not that I would give it up or anything, but it's not like all peaches and cream either. I know, the forbidden fruit of CCW makes it seem different, but the novelty wears off.

Except for the whole, "the state orders us unprivileged people not to carry" part. We don't have the luxury of choosing whether to carry or not. I would much rather have the choice to carry or not, and not carry, than be told what to do by some hoity toity POS politicians who don't have even a piece of **** to call a brain.

[Mr.1904]

so if i keep my gun in an unlocked case, locked in my trunk, i cannot have the ammo anywhere near the pistol correct?

Kinda getting mixed signals from this thread.

[Notorious]

Except for the whole, "the state orders us unprivileged people not to carry" part. We don't have the luxury of choosing whether to carry or not. I would much rather have the choice to carry or not, and not carry, than be told what to do by some hoity toity POS politicians who don't have even a piece of **** to call a brain.

Yes, it is a privilege but at the sane time, it's a duty and responsibility of the job. It sometimes is also mandated by department policy so it becomes a requirement. Not arguing with you because I know it's always better to make your own choice instead of just being denied the right to decide for yourself.