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10-30-2009, 07:59 PM
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legal question about driving with and withou CCW
Hey guys just doing some research I will try and make this as clear as possible.
1) If I DO NOT have a CCW, while I am driving obviously i have to have the gun unloaded and in a locked container. Where do I put the ammo and or clips? I would like to be able to have loaded clips somewhere in the vehicle, what do you guys do? 2) If I have a CCW, is it legal to have it locked and loaded inside a locked or unlocked case beside my seat? Is that considered my immediate possession? thanks guys 
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10-30-2009, 08:10 PM
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If you have a CCW, yes you can have it loaded and in an unlocked case (IE brief case) beside your seat. Just be careful the case is not....say on the lap of a passenger sitting next to you. Another example, a women who carries her CCW in her purse. She can sit her purse on the seat next to her.
__________________
Choose your enemies carefully ‘cos they will define you Make them interesting ‘cos in some ways they will mind you They’re not there in the beginning but when your story ends Gonna last with you longer than your friends ® Copyrighted 2009 BonoVox Lead Vocalist U2 
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10-30-2009, 10:27 PM
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a lock between the gun and the ammo is the usual advice..
taking 12026.1 and .2 into consideration...
__________________
"Under the table Greebo sat and washed himself. Occasionally he burped. Vampires have risen from the dead, the grave and the crypt, but have never managed it from the cat." "Greebo turned upon Granny Weatherwax a yellow-eyed stare of self-satisfied malevolence, such as cats always reserve for people who don't like them, and purred. Greebo was possibly the only cat who could snigger in purr" Greebo the Cat - Terry Pratchett "Witches Abroad"
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10-30-2009, 10:36 PM
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I do a fair amount of driving and at times to areas I'm concerned about more then others. Not often but at times I wedge a Kydex holster between my seat and the center console.
The pressure really holds the holster very well and makes for an quick easy draw if needed. My seat is black, the console is black and my HK40 is black so you can't see it. If I have a passenger with me I rest my baseball hat next to me and it covers it. One warning about not wearing the holster and firearm is that in a quick stop or accident, the gun could be knocked loose. You also need to be aware of anytime you leave the car and not forget it when you step out of the car. I just transfer it back to my IWB holster and go about my day when I arrive to my destination. YMMV
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I choose to be a trained, law abiding, educated citizen and NOT a Victim. NRA Member
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10-31-2009, 12:31 AM
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Works for me. 
__________________
Choose your enemies carefully ‘cos they will define you Make them interesting ‘cos in some ways they will mind you They’re not there in the beginning but when your story ends Gonna last with you longer than your friends ® Copyrighted 2009 BonoVox Lead Vocalist U2
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10-31-2009, 10:58 AM
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1) As Gato mentioned, the lock separates the container (e.g., a gun rug) with the unloaded gun from the ammo. The ammo can be in magazines (clips aren't for handguns) out of sight. Both could be in the same range bag. The container with the unloaded gun must be in the car trunk, or if there is none (e.g., a van), in the back of the van (i.e., out of reach of the car occupants) -- it's supposed to be unloaded transport and inaccessible. 2) If not carrying as unloaded transport, but as CCW for use, it must be within your dominion and control. It must be within your reach whether in a briefcase or not. Immediately behind your seat is okay if the briefcase is within reach. It shouldn't be within someone else's reach unless it is closer to you -- else the question of who has control might come up. You could store it in the center console (e.g., if it opened on your side or you had no passenger). If you can reach your glove box and have no passenger in the front seat, then it's within your control. Hope you get he idea.
__________________
"Let your gun be your constant companion on all your walks." Jefferson "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." The Dalai Lama "Gun bans don't disarm criminals, gun bans attract them." Walter Mondale, VP "Gun control? It's the best thing you can do for crooks and gangsters. I want you to have nothing." Sammy "The Bull" Gravano "A system of licensing and registration is the perfect device to deny gun ownership to the bourgeoisie." Lenin, Creator of the USSR "The most foolish mistake we could possibly make would be to allow the subject races to possess arms." Hitler "To disarm the people is the best and most effectual way to enslave them." George Mason, Father of the Bill of Rights "I would rather have India resort to arms in order to defend her honor than that she should in a cowardly manner become or remain a helpless witness to her own dishonor." Gandhi The right of citizens to bear arms is just one guarantee against arbitrary government." Hubert H Humphrey, VP "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life." John F Kennedy "Ordinary citizens don't need guns, as their having guns doesn't serve the state." Heinrich Himmler, Head of Nazi SS "Rifles, muskets, long-bows and hand-grenades are inherently democratic weapons. That rifle on the wall of the labourer's cottage or working class flat is the symbol of democracy." George Orwell "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in their government." Jefferson "He that hath no sword, let him sell his garment and buy one." Luke 22:36
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10-31-2009, 12:27 PM
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__________________
Rico Hire the handicapped. (It's fun to watch 'em work.)
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11-02-2009, 10:06 AM
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They are not "Clips".
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11-02-2009, 06:31 PM
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On every gun forum I go on, every time somebody says "clip" 50 other members are playing "beat the clock" to see who can be the A-hole first..... Yeah.... we get it.... Its a misuse of the officially accepted firearm lingo.... That and a little orphan annie decoder ring and youve got yourself a coolkids club.... But if youre not going to add anything other than that to the conversation, move on to the next thread.
__________________
"P.S. Somebody is going to have to PM me why I have an account here already... Where am I? How did I get here? Im a founding member no less?" "Seriously... I have no idea where I am..... What happened?" "SBIMB" Omnium horarum homo
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11-02-2009, 09:35 PM
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On a more serious note, has anyone got ideas about storing the gun with the locked locked open? I have a Springfield XD that I keep in a locked box, (which is the only way I can legally carry at the moment) and I would like it to be as ready as possible if I ever need to unlock it. Obviously this saves a step since it doesn't require the slide to be racked, but I am worried about getting dust or other debris in there.
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Resistance to tyrants is service to God. Do not let us be infected by our own propaganda. --Screwtape Last edited by JackOfClubs : 11-02-2009 at 09:42 PM.
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11-02-2009, 10:00 PM
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If so I see no problem with it. Maybe some tension on the recoil spring. But that should not be a big deal. If it is in locked case it should be pretty well protected from dust etc. I do however think you are not saving yourself much time. I sling shot my slide even if the slide is locked open.
__________________
Choose your enemies carefully ‘cos they will define you Make them interesting ‘cos in some ways they will mind you They’re not there in the beginning but when your story ends Gonna last with you longer than your friends ® Copyrighted 2009 BonoVox Lead Vocalist U2
Last edited by BonoVox : 11-02-2009 at 10:03 PM.
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11-03-2009, 04:14 PM
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Sorry, I edited it for clarity and evidently replaced the wrong word.
 No, it won't save much time, but I'm thinking in a panic situation, one less step might be useful. Thanks for the input.
__________________
Resistance to tyrants is service to God. Do not let us be infected by our own propaganda. --Screwtape
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11-03-2009, 04:33 PM
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Reason I mentioned it, is when I first read it I thought you were advocating leaving the locked unlocked to save a step.
__________________
Choose your enemies carefully ‘cos they will define you Make them interesting ‘cos in some ways they will mind you They’re not there in the beginning but when your story ends Gonna last with you longer than your friends ® Copyrighted 2009 BonoVox Lead Vocalist U2
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11-09-2009, 04:59 PM
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I suggest you get the free booklet from the California Rifle and Pistol Association. They put out a new one every year and they are usually correct. They even go into stuff the DOJ won't tell you.
On another note. If you ever deal with DOJ here in CA write down the phone number you called and the time and name of the person you talked to. They have given me false information in the past and admitted that they "tell people" things that are not necessarily true.
__________________
Take responsibility for you actions. No one can make you do anything.
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11-09-2009, 05:28 PM
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You can get it here: GunLawPress If you get only one book, buy this one. It's with its weight in gold (and attorney fees). 
__________________
Tom98915 NRA Member Will Rogers said, "There's three kinds of people. There's them that can learn from others, There's them that can learn from books, And there's them that has to whiz on the electric fence for themselves." I prefer to be one of the first two kind and to learn from others' mistakes. "Democracy is two wolves and a lamb deciding what to have for dinner. Freedom is a well armed lamb."
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