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Thread: IS IT LOADED?

  1. #1
    Regular Member Decoligny's Avatar
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    This dropped off the forum, but it is still good information.





  2. #2
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    i actually just had a question about this.


    SECTION 171e:[/b] A firearm shall be deemed loaded [/b]for the purposes of Sections 171c and 171d whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person.[/code]NOTE: Section 171e defines loaded firearm only for Section 171c and 171d, which deal with carrying a loaded firearm on State Capitol grounds, legislative offices, offices and residences of the Governor and other constitutional officers.[/code][/code][/code]so you cant carry a .38 strong side and a mag of 9mm weak side right?[/code]
    When injustice becomes law, resistance becomes duty.

  3. #3
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    Yep. And I could go with you and carry a 9mm strong side and a mag of .38 weak side.

    And if the SHTF, we could swap ammo and both have functional firearms.
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  4. #4
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    I mean can not carry. The law says capable of being discharged, so the person with the .38 would be in violation whether he had .38 ammo or 9mm
    When injustice becomes law, resistance becomes duty.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    dirtykoala wrote:
    I mean can not carry. The law says capable of being discharged, so the person with the .38 would be in violation whether he had .38 ammo or 9mm
    Are you suggesting that a .38 can fire 9mm ammo? If that's the case, then you couldn't have the 9mm I suppose. I also wasn't aware this was possible.

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    Regular Member Gundude's Avatar
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    bigtoe416 wrote:
    dirtykoala wrote:
    I mean can not carry. The law says capable of being discharged, so the person with the .38 would be in violation whether he had .38 ammo or 9mm
    Are you suggesting that a .38 can fire 9mm ammo? If that's the case, then you couldn't have the 9mm I suppose. I also wasn't aware this was possible.
    My .357 fires .38's quite nicely. I wonder if the LEO's know that.

    OOPS! They do now. :what:
    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.

  7. #7
    Regular Member Decoligny's Avatar
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    While I am no expert on revolver ammunition, I do know that there are differences between semi-auto shells and revolver shells.

    A .357 revolver will accept .38 revolver ammuntion without any problems.

    A 9mm semi-automatic will successfully accept and fire at least the first .380 round. It might not have enough power to rack the slide and chamber the next round though, depending on the gun.

    .380 is not the same as .38 even though the diameter is exactly the same. 9mm measures the same in diameter as the .380 and the .38.

  8. #8
    Regular Member Gundude's Avatar
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    .38 acp (automatic colt pistol) .38 special is for revolvers.
    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.

  9. #9
    Regular Member mjones's Avatar
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    Decoligny wrote:
    While I am no expert on revolver ammunition, I do know that there are differences between semi-auto shells and revolver shells.

    A .357 revolver will accept .38 revolver ammuntion without any problems.

    A 9mm semi-automatic will successfully accept and fire at least the first .380 round. It might not have enough power to rack the slide and chamber the next round though, depending on the gun.

    .380 is not the same as .38 even though the diameter is exactly the same. 9mm measures the same in diameter as the .380 and the .38.
    Along the same lines, I've seen both a .40S&W HK USPc and a .40 S&W Sig P229 both happilly fire an entire magazine of 9mm. That very likely meets the definition of 'capable' too bad it doesn't say 'intended'

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    OK so im a little lost, ive been a gun owner since i was kid getting my first .410. But i never knew this was legal in california. So let me get this right as a law abiding citizen i can legaly open carry my 45acp with the ammunition seperate from the gun??? And whats the deal with the tape recorder i am reading all over the fourm people keeping a tape recorder with them? Also can city law over power the state law that allows open carry? for example can a city ban open carry inside there city limits all together?

  11. #11
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    turbo714 wrote:
    OK so im a little lost, ive been a gun owner since i was kid getting my first .410. But i never knew this was legal in california. So let me get this right as a law abiding citizen i can legaly open carry my 45acp with the ammunition seperate from the gun??? Yes.

    And whats the deal with the tape recorder i am reading all over the fourm people keeping a tape recorder with them? To document any interaction with the public or law enforcement. You never know when someone will decide to falsely accuse/arrest you or otherwise just violate your rights.

    Also can city law over power the state law that allows open carry? Localities have very little authority to restrict the carry of firearms, as state law preempts local law.

    for example can a city ban open carry inside there city limits all together? No. But they could ban firearms on city property (e.g. fair grounds, the city hall lawn, etc).
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