imported post
CaliforniaCarry wrote:
So... if carrying an unloaded handgun is legal, and said handgun isn't legally considered loaded unless there's a loaded magazine in it or a round in the chamber...
... does that mean in CA it's legal to OC an unloaded handgun and carry loaded mags with you? Condition 4?
Welcome to the CA forum!!
In an incorporated city or prohibited area (per 12031 PC)
separate loaded mags are no crime unless engaged in armed criminal (felony)action (12023 PC). The loaded gun definitions for 12023 and 171c & d (government building/meetings - see below*)make it clear that the legislature knows how to define loaded gun to include possession of separate ammo, so that along with the decision in People v Clark make it clear that the 12031 definition doesn't prohibit separate loaded mags or speed loaders.
Spend some time (if you haven't already) reading
all the CA posts here and spend some time on calguns.net.
Research and know the laws governing firearm possession/transportation. When and if your ready to OC I'll be happy to meet with you to review your knowledge of the applicable laws and accompany you on your first small outings. I'm a So Cal leoso in the least I'd be a credible witness should police take any unlawful action (ie. false arrest). I can't OC off duty per department regulation so I'd be CCing.
Ina county that only issues Licenses to Carry to politicians and celebrities, OC ammo separate is the only viable option in incorporated areas IMHO.
Also know where the 1000' school zones (626.9 PC) are as conviction is a felony. All theother potential charges are mostly misdemeanors. ConditionThree's posts list the laws you should read.
PM me or post any questions.
*examples: PC 171e. A firearm shall be deemed loaded for the purposes of Sections
171c and 171d whenever both the firearm and unexpended ammunition
capable of being discharged from such firearm are in the immediate
possession of the same person.
*PC 12001. (j) For purposes of Section 12023, a firearm shall be deemed to be
"loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
Link to PC:
http://www.leginfo.ca.gov/calaw.html
Link to GREAT So Cal Attorney:
http://www.tmllp.com/
These guys can get anyone out of anything related to bogus gun charges (especially with me as a witness!)
Oh and get a good digital audio recorder and read up on 4th amendment rights.