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new to open carry and have a ?

N

Nor-Cal

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Jan 23, 2010
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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,
 
ryanburbridge

ryanburbridge

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Joined
Nov 24, 2009
Messages
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Location
Long beach ca, , USA
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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.
 
M

markm

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Mar 7, 2010
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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.
Click to expand...

Hey ryanburbridge,

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

http://capitolmuseum.ca.gov/detail.aspx?content2=2296&content3=1576

markm
 
N

Nor-Cal

New member
Joined
Jan 23, 2010
Messages
9
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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.
Click to expand...

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
 
A ECNALG

A ECNALG

Regular Member
Joined
Aug 20, 2009
Messages
138
Location
Orange County, California, USA
imported post

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,
Click to expand...
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).
 
N

Nor-Cal

New member
Joined
Jan 23, 2010
Messages
9
Location
, ,
imported post

A ECNALG wrote:
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,
Click to expand...
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,
Click to expand...
 
D

Deathwing_Kingstar

Regular Member
Joined
Apr 8, 2010
Messages
92
Location
San Jose, California, USA
imported post

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.
 
A

Army

Regular Member
Joined
Mar 19, 2008
Messages
289
Location
San Luis Obispo, California, USA
imported post

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


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 :D
 
mjones

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

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 :D
Click to expand...

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...
 
C

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

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.
Click to expand...
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.
 
We-the-People

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
imported post

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.
 
C

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

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.
Click to expand...
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.
Click to expand...
 
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