ConditionThree
State Pioneer
imported post
Not unlike the early Christians, those of us who wish to advance the right to keep and bear arms have been infiltrated with false teachers.
These teachers, wanting to maintain their position of power,willtell their followers that the privilege is the right. They perpetuate falsehoods and ignorance, presenting them as fact, allowing the fruit of liberty to die on the vine. They, and their followers jealously protect the system by which the right is curdled and putrified into a revocable privilege. My comments will no doubt, anger them.
The following question was posted on another forum, and in reading the responses- a false teacher is exposed.
Is a loaded magazine a loaded gun?
The teacher replied with the following;
1) They are both in his reach, which makes it loaded. Just liike I said in class.
2) The gun must be in a locked container, period!
3) BOTH ARE WITHIN HIS REACH. It's LOADED!!!
He goes on to elaborate:
4) I'll ask it another way. You have a unloaded gun on your right hip. Left rear pocket has 10 rounds of ammo, Right rear pocket has a empty mag. The mag and the ammo fit the gun. Are you carrying a loaded gun? YES!
and:
5) Because the gun was unlocked and the mag was within reach, second charge. The loaded mag made the concealed gun loaded. Does that make sense?
6) Locked container ONLY, everything else is not legal transport.
Everything I quoted in this teachers postsis false. If it were true, our open carry activities would be a violation of the law and everyone of us who has openly carried both a firearm and a magazine loaded with ammunition would have been hauled off to jail the first time we had a police encounter. There have been about a dozen of us who have been detained and released with no charges. While there is one case where an open carrier was arrested for a loaded weapon- the case is being pursued by a city attorney for violation of a city ordinance.
1,3,4,5) Proximity of ammunition to a firearm is only a violation when: a person possesses both the ammunition and the firearm at the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room inwhich any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol. (171c), or theGovernor's Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature. (171d), and I believe when the person is commiting a felony (I'll have to look this one up- prepare foran edit). The predominant definition of a loaded firearm is in 12031(g), there is no stipulation for proximity- it must be attached.
2,5,6) A locked case is not required to transport a handgun unless you are traveling through a school zone (626.9)or exercising the exemption of 12025in 12026.1- While it is a prudent precaution, it is not 'required' to be lawful as the false teacher has stated. If the firearm isin plain sight on the dash, in the seat, or carried openly in a belt holster, there would be no need to exercise the exemption afforded in 12026.1, as the weapon is not 'concealed'.
It is troubling that someone who is paid $1,000 an hour to provide 'expert' testimony is spreading incomplete or wholly inaccurate information-I believe it is our obligation to reprove these people whenever we can. Special thanks to "Nick" for setting the information straight.
Edited to add- I just noticed that the thread in question originated back in 2006. Talk about a necropost...And here I am dragging up the dead on OCDO. My VooDoo must be strong.
Not unlike the early Christians, those of us who wish to advance the right to keep and bear arms have been infiltrated with false teachers.
These teachers, wanting to maintain their position of power,willtell their followers that the privilege is the right. They perpetuate falsehoods and ignorance, presenting them as fact, allowing the fruit of liberty to die on the vine. They, and their followers jealously protect the system by which the right is curdled and putrified into a revocable privilege. My comments will no doubt, anger them.
The following question was posted on another forum, and in reading the responses- a false teacher is exposed.
Is a loaded magazine a loaded gun?
The teacher replied with the following;
1) They are both in his reach, which makes it loaded. Just liike I said in class.
2) The gun must be in a locked container, period!
3) BOTH ARE WITHIN HIS REACH. It's LOADED!!!
He goes on to elaborate:
4) I'll ask it another way. You have a unloaded gun on your right hip. Left rear pocket has 10 rounds of ammo, Right rear pocket has a empty mag. The mag and the ammo fit the gun. Are you carrying a loaded gun? YES!
and:
5) Because the gun was unlocked and the mag was within reach, second charge. The loaded mag made the concealed gun loaded. Does that make sense?
6) Locked container ONLY, everything else is not legal transport.
Everything I quoted in this teachers postsis false. If it were true, our open carry activities would be a violation of the law and everyone of us who has openly carried both a firearm and a magazine loaded with ammunition would have been hauled off to jail the first time we had a police encounter. There have been about a dozen of us who have been detained and released with no charges. While there is one case where an open carrier was arrested for a loaded weapon- the case is being pursued by a city attorney for violation of a city ordinance.
1,3,4,5) Proximity of ammunition to a firearm is only a violation when: a person possesses both the ammunition and the firearm at the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room inwhich any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol. (171c), or theGovernor's Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature. (171d), and I believe when the person is commiting a felony (I'll have to look this one up- prepare foran edit). The predominant definition of a loaded firearm is in 12031(g), there is no stipulation for proximity- it must be attached.
2,5,6) A locked case is not required to transport a handgun unless you are traveling through a school zone (626.9)or exercising the exemption of 12025in 12026.1- While it is a prudent precaution, it is not 'required' to be lawful as the false teacher has stated. If the firearm isin plain sight on the dash, in the seat, or carried openly in a belt holster, there would be no need to exercise the exemption afforded in 12026.1, as the weapon is not 'concealed'.
It is troubling that someone who is paid $1,000 an hour to provide 'expert' testimony is spreading incomplete or wholly inaccurate information-I believe it is our obligation to reprove these people whenever we can. Special thanks to "Nick" for setting the information straight.
Edited to add- I just noticed that the thread in question originated back in 2006. Talk about a necropost...And here I am dragging up the dead on OCDO. My VooDoo must be strong.
