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Thread: California: Can Revolver Ammunition be Concealed While Open Carrying Your Revolver

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    On the California Open Carry site, one of the FAQ states:

    I've heard concealed magazines are illegal. Is that true?
    While there is no code that supports this, there was an appellate case in 1974, People v. Hale, that ruled this way. It ruled that although the firearm in question was not concealed, the magazine was, and that only partial concealment is still concealment, and that the magazine was an "essential component" of the firearm. The logic is tortured beyond belief, but it's currently case law. One way to avoid this pitfall is to carry your magazines in belt holsters, so that they match the 12025(f) language of "carried openly in belt holsters". Another option would be to keep an unloaded magazine in the firearm, thereby "completing" the firearm, and invalidating the asinine "essential component" logic.

    Any difference in revolvers with no magazines versus pistols with a loaded magazine? Say I carry speed loaders in my pockets while carrying an open .357 revolver--did I violated the law by carry a concealed weapon?

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    Campaign Veteran Nelson_Muntz's Avatar
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    An unloaded magazine in the firearm sounds more like a hammer than a completed firearm.

  3. #3
    State Pioneer ConditionThree's Avatar
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    Nelson_Muntz wrote:
    An unloaded magazine in the firearm sounds more like a hammer than a completed firearm.
    I hear you can openly carry a hammer in Texas, Oklahoma, Arkansas, New York, Florida, and DC. Funny thing, though. You can't carry a 'California hammer' in any of those places and load it for self-defense. Better this, than nothing.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
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  4. #4
    State Pioneer ConditionThree's Avatar
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    LTN wrote:
    On the California Open Carry site, one of the FAQ states:

    I've heard concealed magazines are illegal. Is that true?
    While there is no code that supports this, there was an appellate case in 1974, People v. Hale, that ruled this way. It ruled that although the firearm in question was not concealed, the magazine was, and that only partial concealment is still concealment, and that the magazine was an "essential component" of the firearm. The logic is tortured beyond belief, but it's currently case law. One way to avoid this pitfall is to carry your magazines in belt holsters, so that they match the 12025(f) language of "carried openly in belt holsters". Another option would be to keep an unloaded magazine in the firearm, thereby "completing" the firearm, and invalidating the asinine "essential component" logic.

    Any difference in revolvers with no magazines versus pistols with a loaded magazine? Say I carry speed loaders in my pockets while carrying an open .357 revolver--did I violated the law by carry a concealed weapon?
    Concealed magazines are in a legal grey area. They are not illegal by statute, but existing case law can be interpreted to mean that a magazine, which is a part of a firearm, could constitute a concealed weapon- and thus be a violation. A speed loader or a moon clip is not an essential part of a revolver- carrying them in your pocket would not be a violation.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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    Thanks ConditionThree. I hope so.

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    Regular Member demnogis's Avatar
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    CA Penal Code 12031 states that speed loaders are not an "essential part of the firearm" so you can carry those concealed.

    LTN wrote:
    Thanks ConditionThree. I hope so.
    Gun control isn't about guns -- it is about control.

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    demnogis,

    Nothing in California Penal Code 12031 specifically states that speed loaders are not an "essential part of the firearm." PC 12031(g) does define the what a loaded firearm is.

  8. #8
    Regular Member demnogis's Avatar
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    You're right LTN. I'll dig up the case/law where I read that.
    Gun control isn't about guns -- it is about control.

  9. #9
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    I do it all the time with speedloaders, speedstrips and loose ammo.

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