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Old 03-23-2013, 2:23 PM
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FourT6and2 FourT6and2 is offline
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Quote:
Originally Posted by ElDub1950 View Post
Honestly I don't remember a specific statement about an empty mag inserted in the magwell. My mags are always loaded so I have none inserted.

You'll certainly get a heightened (and possibly less than pleasant) response from a LEO if they have you open your case a mag is inserted in the gun.

Here's the link to the Wiki about transporting http://wiki.calgunsfoundation.org/Transporting

There's also some specific statements from the CHP & DOJ but I don't have those links handy.
As far as I can tell, there is no mention of an empty, unloaded magazine NOT being legally aloud to be inserted into a pistol while the pistol is also unloaded and inside a locked container. And I don't see how or why a LEO would want you to open a locked container, of which he has no knowledge of what is inside that container in the first place. If he's conducting a legal search. Then fine. But if he's uncomfortable with a legally stored firearm that has a mag in it, so be it.

All I'm double checking on is if I can legally have an empty mag in my pistol while it's in a locked pelican case on my way to the range. Regardless if a LEO is comfortable with it or not. Now I can understand that a LEO would most likely PRESUME that a gun were loaded if he saw a mag in it. I think that is the issue you raise?

It's also important to note two things:

1. If you go into a gun shop, all the guns in the case/counter have magazines in them. And if it were illegal to keep the magazines out of the guns during transport, it would also be illegal to keep the magazines out of the guns while on display for sale. Especially because in CA I was under the impression that even in your own home, a gun must be unloaded and locked away...

2. When I received my pistol from one FFL at another FFL during purchase, the magazine was already inserted into the gun when the FFL opened the box. If it were illegal for empty mags to be inserted, I would think FFL's would make sure to follow that law so as not to lose their license. But that's purely an assumption on my part.

Last edited by FourT6and2; 03-23-2013 at 2:27 PM..
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