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Thread: new to open carry and have a ?

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    okay guys im perrty new to this and had a question. when you guys open carry do you have the spare mags that are openly carriedloaded with ammo or are you guys completed unloaded no ammo what so ever? i know you can keep a unloaded mag in the pistol and be okay with 12031e but was woundering about the loaded mags on the opposite side of the hip in the mag pouch, thanks alex,

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    Do you want to enjoy liberty in your lifetime?

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    Regular Member ryanburbridge's Avatar
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    I was at the Capitol on Monday. You may not have ammo in your possession on the Capitol grounds.

    171e. A firearm shall be deemed loaded 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.
    In order to determine whether or not a firearm is loaded for the
    purpose of enforcing Section 171c or 171d, peace officers are
    authorized to examine any firearm carried by anyone on his person or
    in a vehicle while in any place or on the grounds of any place in or
    on which the possession of a loaded firearm is prohibited by Section
    171c or 171d. Refusal to allow a peace officer to inspect a firearm
    pursuant to the provisions of this section constitutes probable cause
    for arrest for violation of Section 171c or 171d.

    I carry loaded mags on me everywhere els.
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    ryanburbridge wrote:
    I was at the Capitol on Monday. You may not have ammo in your possession on the Capitol grounds.

    171e. A firearm shall be deemed loaded 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.
    In order to determine whether or not a firearm is loaded for the
    purpose of enforcing Section 171c or 171d, peace officers are
    authorized to examine any firearm carried by anyone on his person or
    in a vehicle while in any place or on the grounds of any place in or
    on which the possession of a loaded firearm is prohibited by Section
    171c or 171d. Refusal to allow a peace officer to inspect a firearm
    pursuant to the provisions of this section constitutes probable cause
    for arrest for violation of Section 171c or 171d.

    I carry loaded mags on me everywhere els.
    Hey ryanburbridge,

    I believe the Capitol grounds area State Park; therefore, guns are not permitted.

    http://capitolmuseum.ca.gov/detail.a...;content3=1576

    markm

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    ryanburbridge wrote:
    I was at the Capitol on Monday. You may not have ammo in your possession on the Capitol grounds.

    171e. A firearm shall be deemed loaded 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.
    In order to determine whether or not a firearm is loaded for the
    purpose of enforcing Section 171c or 171d, peace officers are
    authorized to examine any firearm carried by anyone on his person or
    in a vehicle while in any place or on the grounds of any place in or
    on which the possession of a loaded firearm is prohibited by Section
    171c or 171d. Refusal to allow a peace officer to inspect a firearm
    pursuant to the provisions of this section constitutes probable cause
    for arrest for violation of Section 171c or 171d.

    I carry loaded mags on me everywhere els.
    This is what had me confused bout having loaded mags but it only applies to the state capitol where you can't have loaded mags . Thanks for the info you posted and making that clarification. Just wanted to get my info right

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    Nor-Cal wrote:
    okay guys im perrty new to this and had a question. when you guys open carry do you have the spare mags that are openly carriedloaded with ammo or are you guys completed unloaded no ammo what so ever? i know you can keep a unloaded mag in the pistol and be okay with 12031e but was woundering about the loaded mags on the opposite side of the hip in the mag pouch, thanks alex,
    Actually, they can be on the same side as your firearm, as well. One thing that you can't do iscarry them in a shirt or pant pocket that in any way "conceals" them.Magazines must be "exposed" (cover-flap style pouches are acceptable).

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    A ECNALG wrote:
    [quote]Nor-Cal wrote:
    okay guys im perrty new to this and had a question. when you guys open carry do you have the spare mags that are openly carried¬*loaded with ammo or are you guys completed unloaded no ammo what so ever? i know you can keep a unloaded mag in the pistol and be okay with 12031e but was woundering about the loaded mags on the opposite side of the hip in the mag pouch,¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬*¬* thanks alex,
    Actually, they can be on the same side as your firearm, as well.¬* One thing that you can't do is¬*carry them in a shirt or pant pocket that in any way "conceals" them.¬*¬*Magazines must be "exposed" (cover-flap style pouches are acceptable).[/quotes

    Sounds goood thanks for helping out a new fellow open carrier,

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    you can carry "loaded" mags on a seperate pouch as long as it is not touching your firearm. however the pouch holding the mags must be in clear sight. just be careful of "restricted zones" because a "loaded" mag can count as UOCing even if you do not holster your weapon, therefore take extra precautions of zoning.

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    How many rounds are considered legal to carry in any given clip? Is 10 the limit?

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    Seriously, I think I love you right about now.

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    GlockFanatic943 wrote:
    How many rounds are considered legal to carry in any given clip? Is 10 the limit?

    No, no limit. I carry 4 mags of 10 each when the 1911 goes on my walks.

    The Sheriffs model has almost the same in the belt loops when I go Cowboy(the San Diego boys can verify that )

    Oh, the Sacramento ammo law says you cannot have the SAME ammunition as the gun you are carrying. So, carry with a buddy and carry his ammo while he carries yours


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    Regular Member mjones's Avatar
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    Army wrote:
    Oh, the Sacramento ammo law says you cannot have the SAME ammunition as the gun you are carrying. So, carry with a buddy and carry his ammo while he carries yours
    I'd advise caution in thinkink that is blanket advice...

    Be careful of 171e (posted above) where it states, "whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person."

    Note that it doesn't say 'intended' nor 'designed' to be disharged. So, for certain don't be caryying .38 spl rounds along with a .357 mag. However, I'd even be warry of carrying 9mm Para along with a .40 S&W pistol (many .40s will happily fire 9s)

    Maybe incompatible magazines would be a defense...

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    Deathwing_Kingstar wrote:
    you can carry "loaded" mags on a seperate pouch as long as it is not touching your firearm. however the pouch holding the mags must be in clear sight. just be careful of "restricted zones" because a "loaded" mag can count as UOCing even if you do not holster your weapon, therefore take extra precautions of zoning.
    To clarify:

    "Loaded" is a legal term used in Penal Code section 12031, and is further defined by case law. This term does NOT apply to magazines/clips. These objects cannot be "loaded" in the legal sense of the word. (People v Clark)

    Further, there is no reason to fear your mag/clip touching your firearm. (People v Clark)

    Further still... a mag/clip - whether full or empty - does NOT trigger restricted zones. This is a misinterpretation of case law (see People v Hale). The only time a magazine is considered a "firearm" is when it is full, concealed, and the firearm the mag is used in is exposed and in your possession. (Really, read the case referenced above... it's right in there.)

    Obviously, CA law is pretty confusing. Please do your own research.

    And when making claims (as the above-quoted post), know your facts and cite to authority.
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    Not to confuse the subject but "High Cap" mags are legal if lawfully owned in CA prior to the high cap ban. However, how the HECK do you prove such ownership unless you kept the original receipts and even if you have the receipts, nothing says you have to carry the receipt(s).

    I'm curious as I have lawful, pre-ban mags that hold 12 and the law says that I can have and carry them in CA so long as I lawfully had them in CA prior to the ban.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
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    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    We-the-People wrote:
    Not to confuse the subject but "High Cap" mags are legal if lawfully owned in CA prior to the high cap ban. However, how the HECK do you prove such ownership unless you kept the original receipts and even if you have the receipts, nothing says you have to carry the receipt(s).

    I'm curious as I have lawful, pre-ban mags that hold 12 and the law says that I can have and carry them in CA so long as I lawfully had them in CA prior to the ban.
    The burden of proof is on the prosecution.

    Disclaimer: the above is not observed in all CA court rooms. Your experience may vary.

    Also, you might note that it's not illegal to buy or possess "Large Capacity" magazines in CA. See 12020(a)(2):

    Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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