Loaded Magazine = Loaded Weapon in CA???This is a discussion on Loaded Magazine = Loaded Weapon in CA??? within the XDTalk Chatter Box forums, part of the XD Talk category; Is caring a loaded magazine with your locked handgun in a vehicle considered by law in California a loaded weapon?...
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05-10-2012, 08:04 PM
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#1
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XDTalk Newbie
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Location: Modesto, CA (USA)
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Loaded Magazine = Loaded Weapon in CA???
Is caring a loaded magazine with your locked handgun in a vehicle considered by law in California a loaded weapon?
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05-10-2012, 08:29 PM
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#2
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XDTalk 15K Member
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Location: Western UP, near the Porkies
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Could be for California... the regs are not worded very clearly. See page 31 of the CA regs, here. Describes what constitutes a "loaded" firearm.
Quote:
Loaded Firearms in a Public Place
It is unlawful to carry a loaded firearm on one’s person or in a vehicle while in any public place, on any public street, or in any place where it is unlawful to discharge a firearm.(Penal Code § 12031(a)(1).)
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loading firearm is deemed loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Penal Code § 12031(g).)
For the purposes of Penal Code section 12023 (commission or attempted commission of a felony while armed with a loaded firearm), a firearm is deemed loaded when both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person
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I could read that second paragraph to mean that unless the loaded magazine was Inserted into the firearm ("...attached in any manner....") it is not loaded, but I'd feel more certain if the law explicitly stated that a loaded magazine could be in proximity - but not "attached" - to a locked firearm.
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05-10-2012, 08:30 PM
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#3
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I know it used to not be, but who knows what got tacked onto the no OC law.
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05-10-2012, 08:58 PM
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#4
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XDTalk 5K Member
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I'd ask at calguns.net
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05-10-2012, 11:22 PM
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#5
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XDTalk 10K Member
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Location: South Jefferson
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no, a magazine in CA does not constitute a weapon.
If the mag is loaded and in the weapon but not chambered its still considered loaded.
Seconded for calguns.net though...there's a link in my sig...join up, follow the exploits of Gene and Co. and help out where you can.
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05-10-2012, 11:32 PM
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#6
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So glad I live somewhere I don't have to worry about that nonsense...
Not state bashing but... Well okay maybe just a little 
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05-11-2012, 07:13 AM
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#7
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XDTalk 5K Member
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some states deserve it 
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05-11-2012, 08:46 AM
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#8
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XDTalk 500 Member
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Quote:
Originally Posted by JGUN
Is caring a loaded magazine with your locked handgun in a vehicle considered by law in California a loaded weapon?
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It's best to be very specific. What do you mean by "with"? In the same car? In the same container? In the friggin' magwell? The gun must always be emtpy -- no loaded mag (empty mag inserted is OK) inserted, nothing in the chamber. Even if the chamber is empty -- if there's a loaded mag IN the gun, the gun is loaded.
As long as your gun is empty, you can have ammo / mags all around the place.
Also, you didn't mention a locked container. Unless you put the gun in a secure, locked container the gun needs to go in the trunk, and the trunk needs to be locked.
Lastly, as was said above, all this is FAQ stuff over at the mighty CalGuns -- it's the best source for California gun info in the world, and I mean even better than calling the Dept of Justice (not kidding).
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05-11-2012, 08:50 AM
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#9
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XDTalk 10K Member
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In MN, if the magazine is loaded and in the weapon, but no round chambered, your weapon is considered loaded.
If the magazine is not inserted, however--your weapon is NOT loaded. They can be in the same case, but as long as the magwell and chamber are empty, your wepaon is not considered loaded.
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05-11-2012, 11:05 AM
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#10
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XDTalk 5K Member
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In Ohio it is. Guess you could use a hammer or something to fire it LOL
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Loaded Magazine = Loaded Weapon in CA???
