Results 1 to 9 of 9

Thread: Rounds in pocket

  1. #1
    Regular Member
    Join Date
    Nov 2009
    Location
    San Jose
    Posts
    112

    Post imported post

    I have a.38 Chiefs Special AirWeight that I used as my off-duty weapon when I was a LEO. If I use it to OC can I have the 5 rounds in my pants pocket? I also have a G17 that I could use to OC but have no mag holster. Can I put the loaded mag in my pocket if I were to use the G17 as my OC?

    Thanks

  2. #2
    Regular Member wewd's Avatar
    Join Date
    May 2009
    Location
    Oregon
    Posts
    664

    Post imported post

    Loose rounds, yes. No prohibition on concealing ammunition. Rounds in a speedloader are also fine to conceal.

    Loaded mag, no. Bad case law from the 70's says a loaded magazine cannot be concealed if you have the matching firearm in your immediate possession.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

  3. #3
    Regular Member
    Join Date
    Nov 2009
    Location
    San Jose
    Posts
    112

    Post imported post


    Thanks wewd.Great! Now I can drive with my pockets full of ammo while the gun is on the driver's seat. Unloaded of course.

    I'm a newbie so I may have missed this, but can you carry unloaded concealed?

  4. #4
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    wewd wrote:
    Loose rounds, yes. No prohibition on concealing ammunition. Rounds in a speedloader are also fine to conceal.

    Loaded mag, no. Bad case law from the 70's says a loaded magazine cannot be concealed if you have the matching firearm in your immediate possession.
    A little clarification on the magazine issue.

    If you have an exposed firearm, you can't have a concealed magazine with ammo in it as it is concidered an integral part of the firearm and may be used to make the gun ready to fire. This is considered a violation of PC 12025.

    This is from People v. Hale.

    Since rounds by themselves are not considered part of the firearm, they can be carried concealed with no problem. They can even be in a speed loader and not be considered part of the firearm.

  5. #5
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    Hawaii FiveO wrote:
    Thanks wewd.Great! Now I can drive with my pockets full of ammo while the gun is on the driver's seat. Unloaded of course.

    Beware the dreaded "Gun Free School Zone" i.e. 1,000 feet from K-12 School property. It can get you a Felony conviction.

    I'm a newbie so I may have missed this, but can you carry unloaded concealed?
    Unloaded Concealed would be a violation of PC 12025.

    You can legally carry in this manner on your own property as that is specifically exempted.

    If you have an area of your own property that is not accessable to the public (totally fenced in) you can even carry concealed and loaded.

  6. #6
    Regular Member wewd's Avatar
    Join Date
    May 2009
    Location
    Oregon
    Posts
    664

    Post imported post

    The only lawful method to conceal a handgun, revolver or other "concealable firearm" without a CCW is unloaded and locked in a secure container. Concealable firearm means any firearm with a barrel shorter than 16 inches.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

  7. #7
    Regular Member
    Join Date
    Feb 2008
    Location
    Red Bluff, California, USA
    Posts
    167

    Post imported post

    wewd wrote:
    The only lawful method to conceal a handgun, revolver or other "concealable firearm" without a CCW is unloaded and locked in a secure container. Concealable firearm means any firearm with a barrel shorter than 16 inches.
    Unless you are hunting or fishing...or going to or coming from hunting or fishing...,only an exemption to PC 12025, all other rules apply, ie school zones, unloaded in incorporated etc.


  8. #8
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    Decoligny wrote:
    wewd wrote:
    Loose rounds, yes. No prohibition on concealing ammunition. Rounds in a speedloader are also fine to conceal.

    Loaded mag, no. Bad case law from the 70's says a loaded magazine cannot be concealed if you have the matching firearm in your immediate possession.
    A little clarification on the magazine issue.

    If you have an exposed firearm, you can't have a concealed magazine with ammo in it as it is concidered an integral part of the firearm and may be used to make the gun ready to fire. This is considered a violation of PC 12025.

    This is from People v. Hale.

    Since rounds by themselves are not considered part of the firearm, they can be carried concealed with no problem. They can even be in a speed loader and not be considered part of the firearm.
    In legal theory you can carry a concealed magzine with ammo in it so long as your OCd weapon contains an unloaded magazine in it.

    The idea being that the magazine in your pocket is 'no longer an integral part of the firearm'

    We hashed this out quite awhile ago, but I don't know of anyone on the forum that actually carries this way.

  9. #9
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    mjones wrote:
    Decoligny wrote:
    wewd wrote:
    Loose rounds, yes. No prohibition on concealing ammunition. Rounds in a speedloader are also fine to conceal.

    Loaded mag, no. Bad case law from the 70's says a loaded magazine cannot be concealed if you have the matching firearm in your immediate possession.
    A little clarification on the magazine issue.

    If you have an exposed firearm, you can't have a concealed magazine with ammo in it as it is concidered an integral part of the firearm and may be used to make the gun ready to fire. This is considered a violation of PC 12025.

    This is from People v. Hale.

    Since rounds by themselves are not considered part of the firearm, they can be carried concealed with no problem. They can even be in a speed loader and not be considered part of the firearm.
    In legal theory you can carry a concealed magzine with ammo in it so long as your OCd weapon contains an unloaded magazine in it.

    The idea being that the magazine in your pocket is 'no longer an integral part of the firearm'

    We hashed this out quite awhile ago, but I don't know of anyone on the forum that actually carries this way.
    Never been tested in court. The actual language of People v Hale reads: "In our opinion concealment of an essential component of a visible weapon, when done in such a fashion as to make the weapon readily available for use as a firearm, presents a threat to public order comparable to concealment of the entire firearm and falls within the prohibition of section 12025."

    It could be argued that any magazine that fits the firearm in question could be used as an essential component of a visible weapon as the parts are interchangable. If the empty magazine makesthe full magazine"not an essential part of the firearm that is being openly carried" then why is the full magazine even being carried at all?



Posting Permissions

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