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  #1  
Old 03-23-2013, 1:42 PM
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Default can you conceal pistol in locked case?

With out a ccw obviously would onebeable to carry a gun in its case consealed in a pocket or jacket? Say a small 25auto pocket gun such as a beretta tomcat or mini browning that fits in a case still small enough to fit in a pants pocket. Would this be allowed? while locked of course.
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Old 03-23-2013, 1:47 PM
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I believe it would need to be unloaded and locked with out access unless unlocked by key/code not already input in the lock.

But looking to get around a CCW in this way would be asking for legal trouble either way IMO.
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  #3  
Old 03-23-2013, 1:49 PM
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What you are describing is Locked Unloaded Conceal Carry.
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Old 03-23-2013, 1:53 PM
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so is that legal then?
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  #5  
Old 03-23-2013, 1:56 PM
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as long as it's a locked case and it's unloaded (no round in the chamber and no mag in the magwell) then you're gtg. Loaded mags can be in the same locked container.
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Old 03-23-2013, 2:31 PM
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Quote:
Originally Posted by ElDub1950 View Post
as long as it's a locked case and it's unloaded (no round in the chamber and no mag in the magwell) then you're gtg. Loaded mags can be in the same locked container.
Wait... an unloaded mag can not be in the gun? That's how I transport my pistol to the range all the time: in a locked case, empty mag in the gun. That's illegal?
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Old 03-23-2013, 2:34 PM
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Oh, I didn't realize that I can have a loaded mag that is not in the gun in the same locked container, that's good to know
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Old 03-23-2013, 3:11 PM
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Quote:
Originally Posted by jpkar View Post
Oh, I didn't realize that I can have a loaded mag that is not in the gun in the same locked container, that's good to know
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.
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Old 03-23-2013, 3:23 PM
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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 3:27 PM..
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  #10  
Old 03-23-2013, 3:39 PM
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Quote:
Originally Posted by FourT6and2 View Post

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.
Good point. You're probably right about that.
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  #11  
Old 03-23-2013, 3:52 PM
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Quote:
Originally Posted by Arkangel View Post
What you are describing is Locked Unloaded Conceal Carry.
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  #12  
Old 03-23-2013, 4:06 PM
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It's ok to have a empty mag in the mag well.
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  #13  
Old 03-23-2013, 4:12 PM
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can i add something to this question. i understand if the gun is unloaded and in a lock case you you good to go. but what if the lock case is you jacket packet? I have jacket where the pocket can be lock together with small lock. That pocket is in the inside of a jacket. it was design for people that travel so pick pocket have hard time opening it. I would like to know if that would consider a lock case. once again with mag out no round loaded.

TY
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  #14  
Old 03-23-2013, 4:20 PM
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Quote:
Originally Posted by aleng888 View Post
can i add something to this question. i understand if the gun is unloaded and in a lock case you you good to go. but what if the lock case is you jacket packet? I have jacket where the pocket can be lock together with small lock. That pocket is in the inside of a jacket. it was design for people that travel so pick pocket have hard time opening it. I would like to know if that would consider a lock case. once again with mag out no round loaded.

TY
A "locked case" generally, IMHO, does not include being on one's person. My interpretation has always been in a locked separate case. It might be a good "test case" though. c good
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  #15  
Old 03-23-2013, 9:39 PM
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From my reading of the law, if you are trying to get around not having a permit to carry, then you would be making the argument that you are transporting the weapon in a locked container. Transport when not in a vehicle has route restrictions- you need to be transporting the handgun between two locations where you may legally possess it with minimal, reasonable detours. Just carrying the handgun in a locked case on you all day while you go about your business wouldn't seem to pass muster.
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  #16  
Old 03-23-2013, 9:41 PM
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Got lost somewhere reading this thread. Yawwwn....
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  #17  
Old 03-23-2013, 10:52 PM
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Unless looking for potential hassels...Why poke the frigging tiger?
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