John Pierce on Tim Conway's show, KFI 640 AM

[inetprez]

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Does this mean then that when UOC, you cannot have loaded magazines in puches if they are clearly visable?

 

[wewd]

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inetprez wrote:

Does this mean then that when UOC, you cannot have loaded magazines in puches if they are clearly visable?

I'm not sure what you mean. We all carry our loaded magazines in pouches/holsters when we UOC. Since the courts have ruled (by making up their own law which has no basis in the written law) that loaded magazines are the same as a firearm when you also have the accompanying firearm in your possession, then PC 12025(f) should apply, which states: "Firearms carried openly in belt holsters are not concealed within the meaning of this section." Substitute firearm with magazine. If you're talking about mag pouches that have flaps over them, I don't see a problem with it. The mag pouch is unmistakable for what it is, especially when accompanied with a holstered firearm, and the pouch itself is carried openly. If you're worried about it, either don't use the flaps (they are usually removable) or get an open top holster that does not have them, which is what I use. I don't want to be fumbling with a snap flap when I have to load my gun to defend my life. Carrying unloaded already puts me at enough of a disadvantage.

 

[coolusername2007]

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inetprez wrote:

coolusername2007 wrote:

...John made a slight error when he said your loaded magazine can be put in your pocket. This isn't true, only loose ammo and speed loaders can be in your pocket, not a full semi-auto pistol magazine.

Are we sure this is correct. My reading of People v Hale is that the magazine can be loaded as long as it is not attached to the gun and that only when there is a cartirdige in the position of firing can one be guilty of 12031. Of course, concealing the magazine can lead to a 12025 prosecution.

Can you please confirm with case law on this point?

Thanks!

Read above...see Wewd's and Cato's response for more detail / clarification.

 

[coolusername2007]

imported post

wewd wrote:

inetprez wrote:

Does this mean then that when UOC, you cannot have loaded magazines in puches if they are clearly visable?

I'm not sure what you mean. We all carry our loaded magazines in pouches/holsters when we UOC. Since the courts have ruled (by making up their own law which has no basis in the written law) that loaded magazines are the same as a firearm when you also have the accompanying firearm in your possession, then PC 12025(f) should apply, which states: "Firearms carried openly in belt holsters are not concealed within the meaning of this section." Substitute firearm with magazine. If you're talking about mag pouches that have flaps over them, I don't see a problem with it. The mag pouch is unmistakable for what it is, especially when accompanied with a holstered firearm, and the pouch itself is carried openly. If you're worried about it, either don't use the flaps (they are usually removable) or get an open top holster that does not have them, which is what I use. I don't want to be fumbling with a snap flap when I have to load my gun to defend my life. Carrying unloaded already puts me at enough of a disadvantage.

The nylon mag holders I have with flaps can be used to cover the mags or youcanflip them over and tuck them in (which is what I do).