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Thread: Loaded handgun clarification

  1. #1
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    Smile Loaded handgun clarification

    I'm not completely clear on what constitutes a loaded handgun. I understand no bullets in the actual gun. Does an open, loaded, magazine in my belt constitute a loaded or unloaded handgun if there are no rounds in the gun?.

  2. #2
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    12031 (g) A firearm shall be deemed to be loaded for the purposes of
    this section when there is an unexpended cartridge or shell,
    consisting of a case that holds a charge of powder and a bullet or
    shot, in, or attached in any manner to, the firearm, including, but
    not limited to, in the firing chamber, magazine, or clip thereof
    attached to the firearm; except that a muzzle-loader firearm shall be
    deemed to be loaded when it is capped or primed and has a powder
    charge and ball or shot in the barrel or cylinder.

    There is nothing in the the law about having the magazine loaded, But however it has been deemed that a magazine is a intricate part of a gun there for it must remain open and exposed so as to not be considered concealed and violate the ca. penal codes. And a welcome to the forums to you a well, its good for anyone with questions to speak up and to ask them remember there are no stupid questions. PLease stop by and read the noobies thread and pullnshot's videos on youtube are also great references.

    http://www.youtube.com/user/pullnshoot25#p/f

    http://forum.opencarry.org/forums/sh...oaded%2C+12031

    Also some of the best info to give you is in part's 1 & 2 of the Don't talk to cops series.
    http://www.youtube.com/watch?v=i8z7NC5sgik

  3. #3
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    The written law does not include case law. People vs Clark ruled that "loaded" means a cartridge in a position to be fired. This means a filled magazine INSERTED into a pistol (does NOT have to be chambered), or a cartridge in the cylinder of a revolver.

    Filled magazines should be carried openly on the belt or holster (a flap on the magazine carrier is NOT concealment), as in the pants pocket MAY trigger a gang activity addition.

    Loose ammo can be carried in any manner you choose. Revolver speed loaders can be filled and carried in any manner, as they are not an integral handgun operational part.

    Most of us carry with an EMPTY magazine in the pistol to keep dirt out, and to give the illusion of instant readiness.

  4. #4
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    Kudos Army +1 for the help in my gap

  5. #5
    Regular Member Decoligny's Avatar
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    Quote Originally Posted by Army View Post
    The written law does not include case law. People vs Clark ruled that "loaded" means a cartridge in a position to be fired. This means a filled magazine INSERTED into a pistol (does NOT have to be chambered), or a cartridge in the cylinder of a revolver.

    Filled magazines should be carried openly on the belt or holster (a flap on the magazine carrier is NOT concealment), as in the pants pocket MAY trigger a gang activity addition.

    Loose ammo can be carried in any manner you choose. Revolver speed loaders can be filled and carried in any manner, as they are not an integral handgun operational part.

    Most of us carry with an EMPTY magazine in the pistol to keep dirt out, and to give the illusion of instant readiness.
    "Filled magazines should be carried openly on the belt or holster (a flap on the magazine carrier is NOT concealment), as in the pants pocket MAY trigger a gang activity addition."

    The gang activity enhancement is not the issue with carrying a concealed filled magazine. The Case law is People v. Hale, which ruled that a concealed filled magazine in the presence of an exposed firearm, constitutes a concealed weapons violation per PC 12025. This is because the magazine was determined to be an essential part of a functional handgun.

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