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unloaded pistol w/ detached loaded magazine legal?

Theseus

Founder's Club Member
Joined
Jul 6, 2008
Messages
964
Location
Lamma Island, HK
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charliegcamp wrote:
What if the officer wants to be a d!@k and says that the firearm is considered loaded because i have a loaded magazine in my back pocket within my reach?
That depends on your state, but in California you should not have magazines in your back pocket. They need to be in a magazine pouch also located on your belt.

If you do have magazines in your pocket you still can't be charged with "loaded" you could only be charged with "concealed" as the magazines don't make the weapon loaded.

12031 is clear in the definition of what loaded is and under no definition in 12031 is possession of a loaded magazine loaded. There are however other sections of law that use a different definition of loaded, but unless you are in specific buildings as defined by PC 171 or the PC that changes the definition of loaded for gang members. (I don't know the relevant PC since I am not a gang member and don't consider it important.)

But that is also why you should have a voice recorder!!! He still isn't allowed to search your pockets unless he has PC!
 

BSProof

New member
Joined
Jul 22, 2008
Messages
45
Location
, ,
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Decoligny wrote:
sdman92101 wrote:
Does anyone know what the actual Penal Code, or Criminal charge is for open carrying an unloaded handgun inthe incorporated areaof Los Angeles?

There is NO section of Penal Code or Criminal Charges for unloaded open carry in incorporated areas in Los Angeles. You can LEGALLY walk down the street with an unloaded handgun in a holster on your hip, and carry full magazines for that handgun right next to the gun if you so choose.

PC 12031 is the Penal Code that deals with defining a loaded firearm and defining where LOADED carry is prohibited.

I think the "incorporated areas in Los Angeles" statement needs to be a bit more precise. As in ". . . incorporated areas in the County of Los Angeles."
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
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Nick the Sniper wrote:
Decoligny wrote:
sdman92101 wrote:
Does anyone know what the actual Penal Code, or Criminal charge is for open carrying an unloaded handgun inthe incorporated areaof Los Angeles?

There is NO section of Penal Code or Criminal Charges for unloaded open carry in incorporated areas in Los Angeles. You can LEGALLY walk down the street with an unloaded handgun in a holster on your hip, and carry full magazines for that handgun right next to the gun if you so choose.

PC 12031 is the Penal Code that deals with defining a loaded firearm and defining where LOADED carry is prohibited.

I think the "incorporated areas in Los Angeles" statement needs to be a bit more precise. As in ". . . incorporated areas in the County of Los Angeles."
Either way, 12031 covers it, whether in LA proper (incorporated city) or LA county (unincorporated areas)
 

curtm1911

Regular Member
Joined
May 9, 2008
Messages
363
Location
Scottsdale, Arizona, USA
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Hi All, just looked in for a minute to see what it is like in the PRK, it depressed me to hear what they are doing to you there....and here is another reason I live in Arizona....
 
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