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Thread: Ammo on your hip all the time

  1. #1
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    Just something I was curious about..

    I wear a spear mag holster as most of us do when we UOC lawfully.

    But do we have to lock the loaded magazine away with the weapon while in a school zone?

    I usually do just out of habit, but I was thinking, what if we locked the weapon away and kept the loaded mag on our hip?
    I don't think we ever kicked that idea around...

    Say we couldn't carry in a certain location because of a school zone, so we kept the gun locked away, but went into a store or gas station still having the magazine on us.

    And if we don't have the weapon, as it is locked away, does the ammo/magazine still have to be in plain sight or can we throw our shirt over the magazine?

    Just an idea, what do you guys think the law is on that?

  2. #2
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    Lock up the gun, wear the ammo.

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    yelohamr wrote:
    Lock up the gun, wear the ammo.
    It's legal, but inadvisable. If you have ammo in sight, that gives the cops all the RAS they need to do warrantless searches for the gun that goes with it.

    You have to remember, the 4A does not apply to law-abiding gun owners in CA.

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    N6ATF wrote:
    yelohamr wrote:
    Lock up the gun, wear the ammo.
    It's legal, but inadvisable. If you have ammo in sight, that gives the cops all the RAS they need to do warrantless searches for the gun that goes with it.

    You have to remember, the 4A does not apply to law-abiding gun owners in CA.
    It might take them a while to figure out the combination of my book safe. If they asked what it was, I would decline to answer any questions.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Gundude wrote:
    N6ATF wrote:
    yelohamr wrote:
    Lock up the gun, wear the ammo.
    It's legal, but inadvisable. If you have ammo in sight, that gives the cops all the RAS they need to do warrantless searches for the gun that goes with it.

    You have to remember, the 4A does not apply to law-abiding gun owners in CA.
    It might take them a while to figure out the combination of my book safe. If they asked what it was, I would decline to answer any questions.
    I wonder if it would open if run over with a patrol car.

  6. #6
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    N6ATF wrote:
    yelohamr wrote:
    Lock up the gun, wear the ammo.
    It's legal, but inadvisable. If you have ammo in sight, that gives the cops all the RAS they need to do warrantless searches for the gun that goes with it.

    You have to remember, the 4A does not apply to law-abiding gun owners in CA.
    In most CA courts the empty holster would almost certainly be equal RAS for 12031(e).

    I advise locking up because I believe it wouldn't be too outlandish for a trial court to improperly apply statute and case law to get a conviction. I won't post the details... just in case they haven't thought of this one yet... no reason to put our brains to work for those that wish us ill.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  7. #7
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    But do you think they would consider a concealed magazine a concealed weapon if no firearm is present?

    My guess would be probably yes?

    But I'm not for sure

  8. #8
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    As long as the magazines are not concealed and my gun is locked inside a gun safe secured to the front seat of my car, I'm not going to worry about it. To be on the safe side, I'm not going to do this in a GFSZ:



  9. #9
    Regular Member Decoligny's Avatar
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    yelohamr wrote:
    As long as the magazines are not concealed and my gun is locked inside a gun safe secured to the front seat of my car, I'm not going to worry about it. To be on the safe side, I'm not going to do this in a GFSZ:

    If your gun is locked inside a gun safe, then your magazines do not need to be open carried.

    In People v. Hale, the wording of the case lawsimply says that a full magazine, being an integral part of the firearm, ifconcealedin the presence of an unconcealed firearm would be considered a 12025 violation.the language reads:



  10. #10
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    CA_Libertarian wrote:
    N6ATF wrote:
    It's legal, but inadvisable. If you have ammo in sight, that gives the cops all the RAS they need to do warrantless searches for the gun that goes with it.

    You have to remember, the 4A does not apply to law-abiding gun owners in CA.
    In most CA courts the empty holster would almost certainly be equal RAS for 12031(e).
    I disagree with this argument, see here for my reasoning: http://opencarry.mywowbb.com/forum12/36033.html

    It should be noted that it is unlawful to carry ammunition onto school grounds (school zone is fine). CA PC 12316(c):

    Unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds

  11. #11
    Regular Member Ranchero's Avatar
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    What about amagazine for a long gun (Rifle)? 12025 does not apply. It does not have to be locked. But I am not sure about school zones. Magazine on my belt and rifle on backseat?
    FREEDOM.

  12. #12
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    Decoligny wrote:
    If your gun is locked inside a gun safe, then your magazines do not need to be open carried.

    After I pass the 1000' GFSZ there is a stop sign. While stopped at the sign, I re-holster. While driving in that particular direction, I keep the gun safe on my lap.

    If the police want to look in my trunk after they see my magazines, I don't care...thats why I don't carry donuts in the trunk.


  13. #13
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    [/quote]

    If the police want to look in my trunk after they see my magazines, I don't care...thats why I don't carry donuts in the trunk.

    [/quote]

    Hahahahaha and I was begining to think some of us didn't have a sence of humor...

    That was funny as hell

  14. #14
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    yelohamr wrote:
    Decoligny wrote:
    If your gun is locked inside a gun safe, then your magazines do not need to be open carried.

    After I pass the 1000' GFSZ there is a stop sign. While stopped at the sign, I re-holster. While driving in that particular direction, I keep the gun safe on my lap.

    If the police want to look in my trunk after they see my magazines, I don't care...thats why I don't carry donuts in the trunk.
    Only problem is for too many cops, guns are doughnuts. They want to steal and destroy as many of them as possible. So please don't give them an opening to get at your doughnuts.

  15. #15
    Regular Member Decoligny's Avatar
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    N6ATF wrote:
    yelohamr wrote:
    Decoligny wrote:
    If your gun is locked inside a gun safe, then your magazines do not need to be open carried.

    After I pass the 1000' GFSZ there is a stop sign. While stopped at the sign, I re-holster. While driving in that particular direction, I keep the gun safe on my lap.

    If the police want to look in my trunk after they see my magazines, I don't care...thats why I don't carry donuts in the trunk.
    Only problem is for too many cops, guns are doughnuts. They want to steal and destroy as many of them as possible. So please don't give them an opening to get at your doughnuts.
    So, if you shot someone, would they then have a doughnut hole?

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