Results 1 to 4 of 4

Thread: Where does the confusion about Loaded Mags in a Car Come From?

  1. #1
    Regular Member
    Join Date
    Aug 2008
    Location
    , California, USA
    Posts
    58

    Post imported post

    Just wondering where exactly in the PC do LEO's get the idea that a Loaded mag Is considered a loaded weapon and is not legal in a locked case in a car? I'd like to keep track of the areas that they like to mis-read just in case.

  2. #2
    Regular Member
    Join Date
    Feb 2007
    Location
    City of Angeles - San Fernando Valley, California, USA
    Posts
    158

    Post imported post

    MrSigmaDot40 wrote:
    Just wondering where exactly in the PC do LEO's get the idea that a Loaded mag Is considered a loaded weapon and is not legal in a locked case in a car? I'd like to keep track of the areas that they like to mis-read just in case.
    could be from

    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.
    12023. (a) Every person who carries a loaded firearm with the
    intent to commit a felony is guilty of armed criminal action.
    (b) Armed criminal action is punishable by imprisonment in a
    county jail not exceeding one year, or in the state prison.

    and from the concealed carry exemptions for locked and unloaded pistols found in 12026.1 & 2. There is also the "common sense"suggestionto store ammunition separate from a stored pistol in case a minor or thief gets to it.

  3. #3
    Regular Member
    Join Date
    Aug 2008
    Location
    , California, USA
    Posts
    58

    Post imported post

    Thanks, could you post the 12026.1 and 2 and why it is confused?

    Also, what about the language in several PC's that talk about where you CAN and CANNOT go with a pistol locked in a caase or a long gun. I was stopped a while back by CHP with a long gun and they asked me why I had it, where i was coming from and that I was only allowed to have it going to or from certain locations. I couldn't really tell from the PC's but am I free to travel with a locked pistol and or long gun without only being able to go to and from certain locations? If so could you post related PC thanks for your help.





    LeagueOf1607 wrote:
    MrSigmaDot40 wrote:
    Just wondering where exactly in the PC do LEO's get the idea that a Loaded mag Is considered a loaded weapon and is not legal in a locked case in a car? I'd like to keep track of the areas that they like to mis-read just in case.
    could be from

    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.
    12023. (a) Every person who carries a loaded firearm with the
    intent to commit a felony is guilty of armed criminal action.
    (b) Armed criminal action is punishable by imprisonment in a
    county jail not exceeding one year, or in the state prison.

    and from the concealed carry exemptions for locked and unloaded pistols found in 12026.1 & 2. There is also the "common sense"suggestionto store ammunition separate from a stored pistol in case a minor or thief gets to it.

  4. #4
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    MrSigmaDot40 wrote:
    Thanks, could you post the 12026.1 and 2 and why it is confused?

    Also, what about the language in several PC's that talk about where you CAN and CANNOT go with a pistol locked in a caase or a long gun. I was stopped a while back by CHP with a long gun and they asked me why I had it, where i was coming from and that I was only allowed to have it going to or from certain locations. I couldn't really tell from the PC's but am I free to travel with a locked pistol and or long gun without only being able to go to and from certain locations? If so could you post related PC thanks for your help.
    For looking up PC, use http://www.leginfo.ca.gov/calaw.html. Just check the box next to "Penal Code" and type in the section you're looking for and hit "search." It will not only bring up the section you're looking for, but also other sections where your search term appears (so if another section references 12026.1, it will show up as well).

    12026.1 and 12026.2 are exemptions to 12025. Often, people confuse exemptions as statements of 'what is allowed.' 12026.1 and 12026.2 apply ONLY when concealing a "concealable firearm" (which does not include long guns). Some people (intentionally or mistakenly) interpret this to apply to possession of any gun regardless of 12025.

    If the firearm is a long gun, 12025 does not apply. Transport any way you want - openly or concealed. There is no need to meet an exemption, as no law is being violated. For short guns ("concealable firearms") you have to meet an exemption when concealing, or just transport it on the dash or in a belt holster.

    If you want a more in-depth discussion on 12026.1 and 12026.2 try searching the CA forum, we recently discussed these exemptions pretty thoroughly.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •