Question for LEO's and F/G wardens

[ARCHIVED THREAD] - Question for LEO's and F/G wardens

Posted: 10/27/2004 12:42:11 AM EDT

I pulled this out of the fish/game regulations and want to make sure that I fully understand what this penal code means>

FGC:2006. It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or being driven on or along any public highway or other way open to the public.
A rifle or shotgun shall be deemed to be loaded for the purpose of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.*
*NOTE:
Hunters should be aware of penal code sections 12031 (G):
(G) A firearm shall be deemed to be loaded for the purposes of this section 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.

sorry for posting this dumb question but the (G) section of this penal code confuses me a bit....I need you LEO's to give it to me straight......also the reason why I ask this Q is that when I go hunting and as I'm on the 4wheel trails I see guys carry their rifles with them in the driver/pass seats and are pretty much hunting from the trails but I don't think they're carrying a round in the chamber but rounds in the detachable mags.

Posted: 10/27/2004 1:09:03 AM EDT

[#1]

It sounds the same as when I lived there years ago.

You can have rounds in the mag but not in the chamber, doesn't matter if it is a box, tube or detachable mag, just not a round in the chamber.

Added; Call F&G to make sure.

Posted: 10/27/2004 1:14:45 AM EDT

[#2]

Quoted:
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

this part is what confuses me...

Posted: 10/27/2004 1:58:37 AM EDT

[#3]

Are these taken from two different sections of the penal code? It sure looks like it.

The first section appears to pertain to firearms in vehicles in general and the second section appears to pertain to firearms in vehicles while hunting.

The way I read it is that while hunting the firearm should not be loaded (round chambered, or in a magazine/tube/clip that is attached to the firearm) when the firearm is in the hunters vehicle. This would make sense as to keep people from shooting from their vehicle.

-Nugz

Posted: 10/27/2004 2:02:54 AM EDT

[#4]

yeah I think it's from two diff sections of the penal code, but I just got it off of the f/g reg 04' booklet...

Posted: 10/27/2004 2:05:06 AM EDT

[#5]

Quoted:
Are these taken from two different sections of the penal code? It sure looks like it.

The first section appears to pertain to firearms in vehicles in general and the second section appears to pertain to firearms in vehicles while hunting.

The way I read it is that while hunting the firearm should not be loaded (round chambered, or in a magazine/tube/clip that is attached to the firearm) when the firearm is in the hunters vehicle. This would make sense as to keep people from shooting from their vehicle.

-Nugz

so it'd be okay to have a loaded mag-but not attached to the gun?

Posted: 10/27/2004 2:13:30 AM EDT

[#6]

Quoted:
Quoted:
Are these taken from two different sections of the penal code? It sure looks like it.

The first section appears to pertain to firearms in vehicles in general and the second section appears to pertain to firearms in vehicles while hunting.

The way I read it is that while hunting the firearm should not be loaded (round chambered, or in a magazine/tube/clip that is attached to the firearm) when the firearm is in the hunters vehicle. This would make sense as to keep people from shooting from their vehicle.

-Nugz

so it'd be okay to have a loaded mag-but not attached to the gun?

Correct... the key word in the second section is "attached" and the key phrase in the first section is "but not when the only cartridges or shells are in the magazine.*"

ETA: Keep in mind that the first sections ONLY cover rifles and shotguns. But the second section says "firearm" which could also include handguns. You said "gun" so I decided to make that point clear just incase you missed it in the penal code. - Nugz

Posted: 10/27/2004 2:24:52 AM EDT

[#7]

Basically, if you have a firearm inside the cab of a vehicle you cannot have any ammunition in or around the firearm.

Meaning, dont have an unloaded handgun in your glove box with an empty mag and a box of ammunition. If you have an asshole cop, he can arrest for you possession of a loaded concealed firearm.

In California, to be safe; always keep your ammo in the trunk, or in a locked container. Firearm in another locked container. That is unless you have a CCW.

Posted: 10/27/2004 2:37:46 AM EDT

[#8]

Quoted:
Basically, if you have a firearm inside the cab of a vehicle you cannot have any ammunition in or around the firearm.

Meaning, dont have an unloaded handgun in your glove box with an empty mag and a box of ammunition. If you have an asshole cop, he can arrest for you possession of a loaded concealed firearm.

In California, to be safe; always keep your ammo in the trunk, or in a locked container. Firearm in another locked container. That is unless you have a CCW.

Are there other sections of the penal code that m98codered is missing then? The way you put it is much like it is here in Ohio but the sections he posted would lead me to believe that you could put a shotgun inside the cab with you as long as there isnt a round chambered UNLESS you are engaged in the act of hunting. I am of the opinion of "better safe than sorry" like you are but I am also curious as to what part of the penal code you are following that m98 may be missing.

Posted: 10/27/2004 2:39:07 AM EDT

[#9]

Quoted:
Basically, if you have a firearm inside the cab of a vehicle you cannot have any ammunition in or around the firearm.

Meaning, dont have an unloaded handgun in your glove box with an empty mag and a box of ammunition. If you have an asshole cop, he can arrest for you possession of a loaded concealed firearm.

In California, to be safe; always keep your ammo in the trunk, or in a locked container. Firearm in another locked container. That is unless you have a CCW.

I can see that it needs to be in like a locked container but I'm basically talking about when you're up in the boonies and on a 4wd trail-deer huntin'.

Posted: 10/27/2004 2:43:51 AM EDT

[#10]

Quoted:
Quoted:
Basically, if you have a firearm inside the cab of a vehicle you cannot have any ammunition in or around the firearm.

Meaning, dont have an unloaded handgun in your glove box with an empty mag and a box of ammunition. If you have an asshole cop, he can arrest for you possession of a loaded concealed firearm.

In California, to be safe; always keep your ammo in the trunk, or in a locked container. Firearm in another locked container. That is unless you have a CCW.

I can see that it needs to be in like a locked container but I'm basically talking about when you're up in the boonies and on a 4wd trail-deer huntin'.

If the law states that it needs to be in a locked container then you probably would be well advised to have it unloaded also. If I were you I would keep the ammunition seperate from the firearm until you call the Department of Fish and Game for clarification. Kalifornias laws never did make any sense to me anyway.

Posted: 10/27/2004 2:45:19 AM EDT

[#11]

Quoted:
Quoted:
Quoted:
Basically, if you have a firearm inside the cab of a vehicle you cannot have any ammunition in or around the firearm.

Meaning, dont have an unloaded handgun in your glove box with an empty mag and a box of ammunition. If you have an asshole cop, he can arrest for you possession of a loaded concealed firearm.

In California, to be safe; always keep your ammo in the trunk, or in a locked container. Firearm in another locked container. That is unless you have a CCW.

I can see that it needs to be in like a locked container but I'm basically talking about when you're up in the boonies and on a 4wd trail-deer huntin'.

If the law states that it needs to be in a locked container then you probably would be well advised to have it unloaded also. If I were you I would keep the ammunition seperate from the firearm until you call the Department of Fish and Game for clarification. Kalifornias laws never did make any sense to me anyway.

the sh*t out of me.......do this and this not this with this

[ARCHIVED THREAD] - Question for LEO's and F/G wardens

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