• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Concealed magazine making a concealed weapon

M

merle

Regular Member
Joined
Sep 9, 2009
Messages
109
Location
Tahoe, Nevada, USA
This comes up every now and then and just want to make sure things haven't changed as of late...

Open Carry w/ an empty magazine + loaded magazines under a shirt (or back pocket)

1. Not advisable
2. It may make you susceptible to a concealed weapons charge because the magazine is an integral part of the firearm
3. Without a weapon (empty holster) you're legally in the clear

That about right?
 
H

heliopolissolutions

Regular Member
Joined
Sep 24, 2009
Messages
542
Location
, ,
Iff concealing a magazine on your person constitutes the concealment of a firearm, then it is unlawful to do so.

Mag pouches.
 
A

Army

Regular Member
Joined
Mar 19, 2008
Messages
289
Location
San Luis Obispo, California, USA
The concealed magazine problem came up as a matter of a traffic stop, when a search found a hidden magazine but no handgun. Because the stop was part of a criminal investigation, the magazine was considered a firearm. The court found this to be true.

While certainly NOT the same as UOC with a magazine in your pocket, a zealous LEO (...read that; LAPD) can make life miserable because of it.

Just smarter to keep everything out in the open....not to mention quicker to load.
 
kwikrnu

kwikrnu

Banned
Joined
May 14, 2008
Messages
1,956
Location
Brentwood, Tennessee
Get something like this.

pix1898128718.jpg


link
 
MudCamper

MudCamper

Founder's Club Member
Joined
Sep 17, 2007
Messages
709
Location
Sebastopol, California, USA
People v Hale ruled that the magazine was an "essential" part of the handgun, and since it was concealed, and only "partial" concealment is required to violate 12025, that the concealed magazine qualified as a violation. It is absurd but the court was trying to uphold a conviction of a wacko.

If you keep an empty magazine in the handgun, then the firearm is complete. There is no "essential" component missing. Therefore, in my opinion, no court can argue the twisted People v Hale logic, and you can conceal as many loaded magazines as you like. Now if you do not keep a magazine in the handgun, then you had better not conceal any magazines.

I'm not an attorney. This is my opinion.
 
You must log in or register to reply here.
Top