20 replies to this topic

[Shoot-it]

A handgun in a locked case and loaded mags in the same case locked case but not in the gun is this legal?

[Divernhunter]

I was told no by an instructor. You could check with a sheriff to be sure. That is the most help I can give. I can ask my neighbor when he is home. He is a sheriff.

[Shoot-it]

I am leaving later today for a 3 day snow trip.My family rents a cabin ever year I always take a gun with me feel safer that way.I will just separate them to be on the safe side .It just makes it harder to transport it.

[.22guy]

It's legal, but I would expect a lot of LEO's to hassle you about it.

[4RHUNTS]

It is legal for the purposes of the Penal Code.PC 12031:g) A firearm shall be deemed to be loaded for the purposes ofthis section when there is an unexpended cartridge or shell,consisting of a case that holds a charge of powder and a bullet orshot, in, or attached in any manner to, the firearm, including, butnot limited to, in the firing chamber, magazine, or clip thereofattached to the firearm; except that a muzzle-loader firearm shall bedeemed to be loaded when it is capped or primed and has a powdercharge and ball or shot in the barrel or cylinder. Just carry the mags in your pocket.

[D-Man]

Get a copy of the primer off of the California Open Carry website. Has the penal code and a lot of great information in it. Darren

[Baxter]

Legal, don't see why a leo would hassle you. They would have to know there was a firearm in the vehicle.

[Hunter Dude]

Your allowed to open carry with your gun on one side and a loaded magazine on the other. I think as long as you do not keep the magazine in the case with the gun you should be in order. Just lock the magazine in your glove box or carry it in your pocket.Baxter has a point as well. Unless your waving the gun around in traffic or its sitting in the front window, no officer should just randomly stop you to check for weapons.

[Divernhunter]

Not stop you unless you have a NRA Lfe Member lic plate frame and pro-gun bumper sticker on your car. It has happened.

[Baxter]

what would be the cause of that stop? Sounds like an illegal stop leading to an illegal search.

[sum-rifle]

It's legal, but I would expect a lot of LEO's to hassle you about it.

Perfectly legal in CA. Why would a cop hassle you for it?

[sum-rifle]

It is legal for the purposes of the Penal Code.PC 12031:g) A firearm shall be deemed to be loaded for the purposes ofthis section when there is an unexpended cartridge or shell,consisting of a case that holds a charge of powder and a bullet orshot, in, or attached in any manner to, the firearm, including, butnot limited to, in the firing chamber, magazine, or clip thereofattached to the firearm; except that a muzzle-loader firearm shall bedeemed to be loaded when it is capped or primed and has a powdercharge and ball or shot in the barrel or cylinder. Just carry the mags in your pocket.

That is actually the old definition of "Loaded" in CA. A 2009 California Supreme Court Decision says the firearm must have an unexpended round in the firing chamber to make it a loaded firearm. It is now in line with the Fish and Game Code definition.

[4RHUNTS]

That is actually the old definition of "Loaded" in CA. A 2009 California Supreme Court Decision says the firearm must have an unexpended round in the firing chamber to make it a loaded firearm. It is now in line with the Fish and Game Code definition.

Do you happen to have the name on that decision? I would like to read it. So if thats the case, then having a fully loaded magazine in the pistol and no unexpended round in the firing chamber, it is not considered "loaded"? And if so, then when a revolver's cylinder is loaded in all but the one cylinder hole in line with the barrel and hammer it would also be considered "unloaded"? As I understand the F&G code it allows one to have a rifle or shotgun inside a vehicle while on private property not open to the public, with rounds in the magazine and not in the chamber of the firearm. F&G Code Section 2006; It is unlawful to possess a loaded rifle or shotgun in anyvehicle or conveyance or its attachments which is standing on oralong or is being driven on or along any public highway or other wayopen to the public. A rifle or shotgun shall be deemed to be loaded for the purposesof this section when there is an unexpended cartridge or shell in thefiring chamber but not when the only cartridges or shells are in themagazine. The provisions of this section shall not apply to peace officersor members of the armed forces of this State or the United States,while on duty or going to or returning from duty.

[Braz]

While it may be legal to have a round in the chamber when on private property, it sure ins't a good idea.

[D-Man]

People vs Walker 1996 was the defining case for a "loaded" weapon in California. In the case, Walker had a shotgun with a stock saddle on it with 4 or 5 shotgun shells. The jury decided it was not a loaded weapon. I use the Center of Mass or Secure It combo lock safe. Pistol with no magazine inserted or round in the chamber, two loaded mags in the case next to it, and of course the case is locked. All perfectly legal in California as long as it is not a glove box or utility box. Look at the primer on californiaopencarry.org as it does a great job explaining this. I keep a copy in the glove box just in case. And of course DON"T TALK TO THE COPS! Do a search on the youtube video for that.Darren

[4RHUNTS]

While it may be legal to have a round in the chamber when on private property, it sure ins't a good idea.

I agree wholeheartedly with you.

[Shoot-it]

thanks everyone for your help. I just separated the loaded mags because I was leaving.If I get pulled over for speeding and the LEO asks if i have a gun I will not lie.I am on there side anyway.As for having a loaded round on private property of your hunting i think it's ok.A guy I know that hauls hay has a ccw and carry's a glock 36 in his truck he will not keep a loaded round in the chamber. If he has to use it he would loose time racking the slide.

[msand951]

I always just keep them away from each other you will be fine. When i go to the range i like to take several toys with me. With about 100 rounds for each. I just leave the ammo on the passenger side seat leg area and my guns in the back seat of my truck. Ive been pulled over and asked if i have any weapons, drugs. I said Yes and pointed to the back seat and told them him they are all legal and registered and he can check them if he wants. He asked me were i was headed. And he didnt make a big deal.

[TonyS]

I was told by a gun shop owner who had a range on the property that carrying a loaded magazine with a firearm was not legal unless you have a CCW. I don't know if he was right but not wanting to sit on a curb "while we sort this out", I now load my magazines when I'm going to shoot or inside my house.

[D-Man]

Magazines can be loaded and in the same locked container as the firearm. Just no magazines inserted into the firearm, and no round in the chamber. The deciding court case was People vs Walker in 1996 in which a jury found that rounds loaded on a stock saddle did not make the weapon loaded. This is also how the open carry folks were able to walk around with the pistol in a belt holster and the ammo right next to it.I also HIGHLY recommend picking up a copy of "How to Own a gun in California and not go to Jail". http://www.gunlawpress.com/Darren

[spoolin01]

I regularly see this case cited as People vs Clark, can't google up People vs Walker, but it appears to be the same. Ammo can't be 'in a position to be fired', which currently seems to be interpreted to mean in the loading or firing mechanism of the gun, meaning the loaded magazine has to be inserted to be 'loaded gun'. If you're a gang member, maybe a few other crime or criminal past- related situations, the ammo + gun together DOES = loaded, even if not inserted in the gun, but not for most folks.Calguns Wiki is a great resource for gun law explanations. They cover the details real well.http://wiki.calgunsf...d_in_California