Loaded in trunk

Gunslinger555 -- when you refer to Dublin, are your referring to a town in Ohio, Ireland or California? ;)

California law specifies that a firearm is considered loaded...

when there is an unexpended cartridge or shell, ..., in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
Click to expand...

So the Californicating legislature has said that semi-auto pistols with a single round in a magazine with the magazine attached to the firearm (or inserted) is considered a loaded gun. Local LEOs will tell you that a round in a magazine in the passenger compartment and the gun locked in the trunk constitutes a "loaded gun". One DA I spoke with stretches credibility by claiming that the magazine doesn't have to be for that particular gun. When I asked if a loaded magazine for a .45 paired with a .22 pistol constituted a loaded firearm, he said "Yes, and we'll prosecute for that." :barf:

Thus, the police finding your loaded 1911 magazine in the car and an unloaded 1911 locked in a locking case locked in the trunk will/can charge you with having a "loaded" weapon.

Interestingly, the way the law is written, if you substitute a speed-loader for the magazine and a revolver for the pistol, there is no violation of law. The speedloader is not a "firing chamber" nor a magazine. I suppose some bright DA will torture the English language so that a speed-loader fulfills the definition of a "clip". And no, they never officially defined "clip".

Because this is not limited to handguns, I'm wondering how far they could push this. Last time I went to the range with my 1903-A3 I took along a sealed "spam can" of Greek .30-06 ammo which contained bandoleers packed with 5-round stripper clips. :D
 
what about loaded handgun in unlocked glove compartment in Florida. Apparently, Florida Statute chapter 790.25 does not say anything about loaded handgun in your car as long as it is "secured" encase and not in the person's manual possession. So I guess it is OK to have loaded handgun in the car but what about Federal law? While I am driving on Federal Highway, say I-10 in Florida, am I allowed to have loaded pistol in the glove compartment ?

Here is statute

http://www.flsenate.gov/Statutes/in....HTM&Title=->2004->Ch0790->Section 25#0790.25
 
BillCA, sorry i should have said it was the suberb of columbus in ohio.
Ohio Annie, im pretty sure it dosent matter whare she was in ohio she would have had the same result. i could be wrong, but im shure you cant have a loaded gun in the car hire in ohio. next time im at the gunshow on the first, i will be sure to talk to my friend (he is a cop and should have the answer)

(edit: sorry i should have said you cant have a loaded gun in the car unless its a handgun and you have a permit)
 
I was referring to this:

"i rember last month in dublin a woman got busted for having a loaded gun. her handgun(unloaded) was locked in the trunk and a loaded magazine was in her pocket."

The loaded magazine was the problem. Ohio law treats it as a loaded weapon.

And wherever you are in Ohio you must be aware of local laws like the ones in Dublin, Cincinnati, or Toodleydoo.
 
Lets see. i have a loaded pistol in my unlocked console, a loaded pistol in my unlocked glovebox and a loaded rifle (unchambered) in my trunk.
but then again im in SC and drive a all blacked out Crown vic LXsport. i havent run into any problems yet cause my trunk is locked and i drive w/ my valet key.
 
Tayta_Mayne, up in lima ohio (whare i used to live) is whare i go for gunshows (tristate)because i dont know of any around hire:( its only 3 bucks to get in. if you know of any around the columbus area let me know

Ohio Annie, you forgot all the others...jk. i thaught the question was "can i have loaded gun in a car?" if the gun was loaded then so would the mag.
 
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