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Thread: What is "LOADED" in a Car??

  1. #1
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    I know this is probably covered here somewhere but I wanted to know what if somebody could post up the law that says a Loaded magazine is considered a loaded FIREARM when transporting in a car. What's the best way to transport in CA if you are a everyday Open Carrier? Do you have to load and unload mags every time you get in and out of your car? As far as the firearm is concerned I understand that you can transport your pistol in the passenger compartment but it just has to be in a locked container correct?

    Sorry for all the questions , I've known some or all this at 1 time but I still get confused and mixed up about it.

    And is a loaded magazine on your person outside of a car considered a firearm at all(kinda know this one)? If not the is it ok to conceal your mag holster? I ask because I don't wear tucked shirts, I'm already going to be using a drop leg holster so my shirts and coat won't cover the pistol.

  2. #2
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    MrSigmaDot40 wrote:
    I know this is probably covered here somewhere but I wanted to know what if somebody could post up the law that says a Loaded magazine is considered a loaded FIREARM when transporting in a car.

    There is no such law.

    What's the best way to transport in CA if you are a everyday Open Carrier?

    In an exposed holster on your belt - unless you have to enter a "school zone"... then use your trunk.

    Do you have to load and unload mags every time you get in and out of your car?

    Magazines can't be "loaded" in the legal sense; only firearms can. Rounds in or out of a magazine makes no difference unless that mag is inserted in the mag well.

    As far as the firearm is concerned I understand that you can transport your pistol in the passenger compartment but it just has to be in a locked container correct?

    Sorry for all the questions , I've known some or all this at 1 time but I still get confused and mixed up about it.

    And is a loaded magazine on your person outside of a car considered a firearm at all(kinda know this one)?

    Again, magazines cannot be 'loaded' in the legal sense. There are no firearm carry laws that apply differently when in your car or out.

    If not the is it ok to conceal your mag holster?

    This may be construed as a violation of 12025 as a "concealed firearm" due to some bad case law. Technically, the decision only makes it illegal to conceal a mag (or other integral gun part) if it serves the purpose of making the weapon ready to fire. In any case, it's probably best not to conceal mags... unless you really wanna go through the ringer to try to overturn bad case law.

    I ask because I don't wear tucked shirts, I'm already going to be using a drop leg holster so my shirts and coat won't cover the pistol.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
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  3. #3
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    CA_Libertarian wrote:
    MrSigmaDot40 wrote:
    I know this is probably covered here somewhere but I wanted to know what if somebody could post up the law that says a Loaded magazine is considered a loaded FIREARM when transporting in a car.

    There is no such law.

    What's the best way to transport in CA if you are a everyday Open Carrier?

    In an exposed holster on your belt - unless you have to enter a "school zone"... then use your trunk.

    Do you have to load and unload mags every time you get in and out of your car?

    Magazines can't be "loaded" in the legal sense; only firearms can. Rounds in or out of a magazine makes no difference unless that mag is inserted in the mag well.

    As far as the firearm is concerned I understand that you can transport your pistol in the passenger compartment but it just has to be in a locked container correct?

    Sorry for all the questions , I've known some or all this at 1 time but I still get confused and mixed up about it.

    And is a loaded magazine on your person outside of a car considered a firearm at all(kinda know this one)?

    Again, magazines cannot be 'loaded' in the legal sense. There are no firearm carry laws that apply differently when in your car or out.

    If not the is it ok to conceal your mag holster?

    This may be construed as a violation of 12025 as a "concealed firearm" due to some bad case law. Technically, the decision only makes it illegal to conceal a mag (or other integral gun part) if it serves the purpose of making the weapon ready to fire. In any case, it's probably best not to conceal mags... unless you really wanna go through the ringer to try to overturn bad case law.

    I ask because I don't wear tucked shirts, I'm already going to be using a drop leg holster so my shirts and coat won't cover the pistol.



    Say wha:what: Ok I have to go digging and find all that stuff. was it just all FUD? I thought the LAW said you have to transport handguns in a locked case in the passenger compartment or in the trunk.

    So I can Open carry in my vehicle as long as I don't roll over a gun free zone?

    I also have to find where it says a loaded magazine is considered a loaded firearm (in a vehicle).

    The concealed mag thing I thought would be hairy. So this means I have to where to drop leg holsters(one drop leg mag holster, one drop leg Pistol Holster), that's going to REALLY look silly. I have a mag spot on the drop leg pistol holster but you know how they like to say that the mag is attacched to the gun so I want to keep my mags FAR FAR away from the holsteredpistol.


  4. #4
    Regular Member Decoligny's Avatar
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    MrSigmaDot40 wrote:
    CA_Libertarian wrote:
    MrSigmaDot40 wrote:
    I know this is probably covered here somewhere but I wanted to know what if somebody could post up the law that says a Loaded magazine is considered a loaded FIREARM when transporting in a car.

    There is no such law.

    What's the best way to transport in CA if you are a everyday Open Carrier?

    In an exposed holster on your belt - unless you have to enter a "school zone"... then use your trunk.

    Do you have to load and unload mags every time you get in and out of your car?

    Magazines can't be "loaded" in the legal sense; only firearms can. Rounds in or out of a magazine makes no difference unless that mag is inserted in the mag well.

    As far as the firearm is concerned I understand that you can transport your pistol in the passenger compartment but it just has to be in a locked container correct?

    Sorry for all the questions , I've known some or all this at 1 time but I still get confused and mixed up about it.

    And is a loaded magazine on your person outside of a car considered a firearm at all(kinda know this one)?

    Again, magazines cannot be 'loaded' in the legal sense. There are no firearm carry laws that apply differently when in your car or out.

    If not the is it ok to conceal your mag holster?

    This may be construed as a violation of 12025 as a "concealed firearm" due to some bad case law. Technically, the decision only makes it illegal to conceal a mag (or other integral gun part) if it serves the purpose of making the weapon ready to fire. In any case, it's probably best not to conceal mags... unless you really wanna go through the ringer to try to overturn bad case law.

    I ask because I don't wear tucked shirts, I'm already going to be using a drop leg holster so my shirts and coat won't cover the pistol.



    Say wha:what: Ok I have to go digging and find all that stuff. was it just all FUD? I thought the LAW said you have to transport handguns in a locked case in the passenger compartment or in the trunk.

    So I can Open carry in my vehicle as long as I don't roll over a gun free zone?

    I also have to find where it says a loaded magazine is considered a loaded firearm (in a vehicle).

    The concealed mag thing I thought would be hairy. So this means I have to where to drop leg holsters (one drop leg mag holster, one drop leg Pistol Holster), that's going to REALLY look silly. I have a mag spot on the drop leg pistol holster but you know how they like to say that the mag is attacched to the gun so I want to keep my mags FAR FAR away from the holsteredpistol.

    Mag attached to the gun does not mean in a mag holder that is part of the guns holster.

    Case law "People v. Clark" shows that the courts understand that "attached to" means putting the ammuntion into a position from which it can be fired.

    Simply carrying a full magazine in the built in mag holder of a holster doesn't qualify.

    "Under the commonly understood meaning of the term "loaded," a firearm is "loaded" when a shell or cartridge has been placed into a position from which it can be fired;"




  5. #5
    Regular Member Sonora Rebel's Avatar
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    Now 'n then I go to Yuma... but am really antsy 'bout crossin' the Colorado into CA (Winterhaven) 'cause I'm OC heeled. I dunno what to do with the pistol. Sometimes I'll have my AK inna bag... loaded mags in the bag pouches. AK aside... What do I do?

  6. #6
    Founder's Club Member MudCamper's Avatar
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    MrSigmaDot40 wrote:
    Say wha:what: Ok I have to go digging and find all that stuff. was it just all FUD? I thought the LAW said you have to transport handguns in a locked case in the passenger compartment or in the trunk.

    So I can Open carry in my vehicle as long as I don't roll over a gun free zone?

    I also have to find where it says a loaded magazine is considered a loaded firearm (in a vehicle).

    The concealed mag thing I thought would be hairy. So this means I have to where to drop leg holsters (one drop leg mag holster, one drop leg Pistol Holster), that's going to REALLY look silly. I have a mag spot on the drop leg pistol holster but you know how they like to say that the mag is attacched to the gun so I want to keep my mags FAR FAR away from the holsteredpistol.

    Yes there is a lot of FUD out there.


    You really really need to go read this: http://www.californiaopencarry.org/C...aOpenCarry.pdf

    It does answer all of your particular questions.



  7. #7
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    Sonora Rebel wrote:
    Now 'n then I go to Yuma... but am really antsy 'bout crossin' the Colorado into CA (Winterhaven) 'cause I'm OC heeled. I dunno what to do with the pistol. Sometimes I'll have my AK inna bag... loaded mags in the bag pouches. AK aside... What do I do?
    Just unload the pistol before you cross the river. Make sure to keep the mags in plain sight (or in a mag pouch on your belt); as mentioned earlier in this thread, we had some bad case law here that makes a concealed mag equal to a concealed weapon.

    Not sure how OC is accepted in Winterhaven, but it'd be interesting to find out.

    Next time my bro flies into Yuma, I plan on heading down there, carrying openly the whole way, (of course, I'll load when I cross the Colorado and see the 'Welcome to Arizona' sign).

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