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Gun Talk
Are you a gun fanatic as well? If so, you'll want to talk to other owners about what you own in this forum.

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Old 06-19-2011, 12:51 PM   #1
badfast
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Gun confiscated in CA

Question for the CA people and anyone with knowledge of CA gun laws. A friend of mine got pulled over and the cop saw an empty magazine on his passenger floor board. The cop freaked out and drew his gun on him, pulled him out of the car and confiscated the magazine and the gun. The magazine was not in the gun. Me and him are both in CA for training (military) and are both stationed in NM. Apparently the biggest problem the cop is saying is that the weapon is unregistered. However, as far as I know, gun registration is not required in NM. Well the cop said if he wants the gun back he would have to contact the Department of Justice (DOJ). Why would he have to contact the federal government (DOJ) over a state issue? Apparently he has a court date also. Not sure what the charge was, but I imagine it is nothing too bad since he is not sitting in jail right now.

Just trying to find out some information for him.
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Old 06-19-2011, 02:00 PM   #2
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Every state has a DOJ.
Good luck to your buddy.
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Old 06-19-2011, 08:05 PM   #3
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He was pulled over in CA? Is he on active duty? Where is his primary residence?
Has he been living in CA for more than 60 days?

If you want, PM me his name and I'll pull the docket to see the charges.
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I agree with JonJon.

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Old 06-19-2011, 09:03 PM   #4
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What was the capacity of the magazine?
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Old 06-19-2011, 11:28 PM   #5
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Every state has different laws....Cali....grew up there is totally different. I was in the military for 20 years....and have a CCW permit...would still never take my hand gun in that state. Should check out the California state statutes. And just because you and your buddy are military...does not allow you to have a handgun in a vehicle in the state of California. Now...out here in Colorado, anyone can have a fully loaded handgun in the car...or the glove box without a permit. Again...different states have different rules. Cali....very strict. And, they do have magazine laws also, if I recall....nothing over 10 rounds.

Sounds like from what I got from the OP is that they are military stationed in New Mexico, they had a handgun in the vehicle while taking a trip to California...mag was out of the gun.
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Old 06-19-2011, 11:53 PM   #6
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Quote:
Originally Posted by carcus View Post
Every state has different laws....Cali....grew up there is totally different. I was in the military for 20 years....and have a CCW permit...would still never take my hand gun in that state. Should check out the California state statutes. And just because you and your buddy are military...does not allow you to have a handgun in a vehicle in the state of California. Now...out here in Colorado, anyone can have a fully loaded handgun in the car...or the glove box without a permit. Again...different states have different rules. Cali....very strict. And, they do have magazine laws also, if I recall....nothing over 10 rounds.

Sounds like from what I got from the OP is that they are military stationed in New Mexico, they had a handgun in the vehicle while taking a trip to California...mag was out of the gun.
There are too many gaps in the OP's post. There is no handgun registration in NM. There is in CA, but only if you are moving into the state and even then you have 60 days to do so.

Carrying an unloaded handgun in a vehicle can be legal in CA, especially if the mag is out and not containing ammo. On top of that, the OP and his friend are military engaged in military activities (training). Reedo asks a good question on if the mag is more than 10 rounds. Also, where was the gun when the cop found/took it?

If the only charge is "firearm not registered", this may be an extremely easy case to win, not to mention a possible lawsuit for unlawful search and/or seizure of property.
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Old 06-20-2011, 12:06 AM   #7
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Quote:
Originally Posted by Reedo302 View Post
What was the capacity of the magazine?
I think it was 15 rounds? Whatever the standard capacity is in a Glock 19.

Quote:
Originally Posted by JonJon View Post
He was pulled over in CA? Is he on active duty? Where is his primary residence?
Has he been living in CA for more than 60 days?

If you want, PM me his name and I'll pull the docket to see the charges.
Yes, he was pulled over outside of Oakland. He is on active duty. Primary residency is NM. He was in CA for about 4 days when he got pulled over.

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There are too many gaps in the OP's post. There is no handgun registration in NM. There is in CA, but only if you are moving into the state and even then you have 60 days to do so.

Carrying an unloaded handgun in a vehicle can be legal in CA, especially if the mag is out and not containing ammo. On top of that, the OP and his friend are military engaged in military activities (training). Reedo asks a good question on if the mag is more than 10 rounds. Also, where was the gun when the cop found/took it?

If the only charge is "firearm not registered", this may be an extremely easy case to win, not to mention a possible lawsuit for unlawful search and/or seizure of property.
I apologize for the gaps. I wasn't with him. He was telling me about it. The magazine was on the passenger floorboard and the gun was in the backseat. I will ask him tomorrow on what his charge was, I cant recall at the moment.

I think the interest lies in whether or not, and how can he get his gun back.
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Old 06-20-2011, 12:09 AM   #8
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Quote:
Originally Posted by carcus View Post
Every state has different laws....Cali....grew up there is totally different. I was in the military for 20 years....and have a CCW permit...would still never take my hand gun in that state. Should check out the California state statutes. And just because you and your buddy are military...does not allow you to have a handgun in a vehicle in the state of California. Now...out here in Colorado, anyone can have a fully loaded handgun in the car...or the glove box without a permit. Again...different states have different rules. Cali....very strict. And, they do have magazine laws also, if I recall....nothing over 10 rounds.

Sounds like from what I got from the OP is that they are military stationed in New Mexico, they had a handgun in the vehicle while taking a trip to California...mag was out of the gun.
I know being in the military doesn't grant any special privileges, however it was an explanation on the business for being in CA with a gun. Also, I think he has a CCW permit, but Cali doesn't seem to recognize any state's permit except for CA.
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Old 06-20-2011, 12:19 AM   #9
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Quote:
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I know being in the military doesn't grant any special privileges, however it was an explanation on the business for being in CA with a gun. Also, I think he has a CCW permit, but Cali doesn't seem to recognize any state's permit except for CA.
Sure it does. There are exceptions in the firearms statutes for military personnel.

Based on what you've posted, the only thing I can see he did "illegally" was bring a mag into CA that was over a capacity of 10 rounds.

Quote:
12020 (a)(2)
(a)Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(2)Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.
I'm not well versed on CA law, but the way I understand it, a person can travel with a firearm unloaded in a car, if it is in open sight (like on the seat).
The mags have to be empty as well as the gun.

Registration is irrelevant since he was just visiting.
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I agree with JonJon.

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Old 06-20-2011, 12:46 AM   #10
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Thanks JJ! I will pass the info to him.
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Old 06-20-2011, 12:51 AM   #11
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Ironic isn't it? You got to love the liberal retardation of CA.
That's big government for you, how do you like it?
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Old 06-20-2011, 12:54 AM   #12
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Quote:
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Thanks JJ! I will pass the info to him.
On the 10 round mag limit....

If he bought it pre ban, even that might be legal.

I'll let the CA people chime in. PA ain't perfect, but fvck..... CA is simply retarded
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Old 06-20-2011, 01:18 AM   #13
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In california I am pretty sure that if the handgun is in the cabin of the car it has to be locked in a case and the magazines have to be in the trunk. Otherwise, gun locked and unloaded with mags in the trunk is fine. California doesn't recognize concealed carry permits from other states - such as arizona, etc- and, military personel will get the same treatment as a civilian 9 out of 10 times.
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Old 06-20-2011, 01:22 AM   #14
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Sure it does. There are exceptions in the firearms statutes for military personnel.
As far as I know, the only break that active duty military gets to our retarded laws is the ability to have a rifle with "evil features" provided they have a signed note from their CO stating that they need to have the weapon as part of their duty.


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Based on what you've posted, the only thing I can see he did "illegally" was bring a mag into CA that was over a capacity of 10 rounds.
Negative, he was also illegally transporting a firearm.


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I'm not well versed on CA law, but the way I understand it, a person can travel with a firearm unloaded in a car, if it is in open sight (like on the seat).
The mags have to be empty as well as the gun.
CA law requires that all handguns be transported unloaded, and in a locked container. The locked container can be the trunk, but not the glove compartment or center console. Ammunition may be carried alongside the firearm, and magazines can be transported loaded, provided there are not inserted into the magwell of a firearm.

Long guns must be transported unloaded, but there are no further restrictions.


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On the 10 round mag limit....

If he bought it pre ban, even that might be legal.
He would have to have imported the magazine into California before the ban in order for it to be legal (so before 2000). You can, however, disassemble the magazine and import it as "parts". Just be sure not to reassemble the magazine while within the state, as that would be illegal manufacture.

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fvck..... CA is simply retarded
but it's pretty here.
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Old 06-20-2011, 07:51 AM   #15
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With or without a permit from your home state, always always always research and follow the laws of the state you are in, especially with regards to firearms. This is a perfect example of why you should always do that. What is perfectly legal in one state can be a crime in another.
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Old 06-20-2011, 08:54 AM   #16
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In CA, you can transport a firearm openly. It only needs to be in a locked container if it is concealed. On your hip or on the backseat is legal

As I read it...
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Old 06-20-2011, 09:47 AM   #17
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With or without a permit from your home state, always always always research and follow the laws of the state you are in, especially with regards to firearms. This is a perfect example of why you should always do that. What is perfectly legal in one state can be a crime in another.
Exactly. And one should know before-hand which states tend to be more restrictive. One should know that states like California already have a lot of problems with gun ownership and possession.
It's like driving through New Jersey with a gun loaded with jacketed hollow point bullets-unless you're a cop, you can't do it.
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Old 06-20-2011, 10:16 AM   #18
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It's like driving through New Jersey with a gun loaded with jacketed hollow point bullets-unless you're a cop, you can't do it.
Messed up by true. I think the whole misunderstanding of the hollow point bullet came from the movies where hollow point ammo either exploded inside people or slipped through vests like Teflon caused the restrictions. Funny part is that..... JHP is actually SAFER than FMJ


Hollow Point ammo (JHP) is not illegal in NJ. That's a myth

Edit: Read your post wrong. You are correct and NJ is still stupid
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Old 06-20-2011, 10:20 AM   #19
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Sure you can
Well, you can do just about anything. Whether or not it's legal is another story. NJ does not recognize anyone but NJ CCW permits.
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Old 06-20-2011, 02:44 PM   #20
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If the mag is 15 rounds, they still have to prove that it was purchased after the ban. Just tell them it is an old weapon and the magazine was purchased before 2000. In California when you transport a weapon you have to have it in a locked container. Your trunk counts as a locked container. I would not keep a handgun in the car, loaded or not. Keep it in the trunk. I think that is pretty common sense. Why risk getting in trouble?
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