Driving with full magazine

Gun related chat that doesn't fit in another forum

Re: Driving with full magazine

Postby Pat Cannon on Sun Sep 11, 2011 10:31 am

Squib Joe wrote:
tman wrote:Loaded mags are fine, even inside the case with your firearm.


Fine for you, but absolutely not so fine with other LEOs, especially in the metro area. In particular if the gun case is in the front seat next to you and you don't have a carry permit. There have been occasions where the empty gun and loaded mag are taken from the case, slapped on the hood of the car, and the owner charged with having a loaded pistol without a permit.

Whether the cop claims that the driver removed the mag before he got to the door or if he claims that he removed it himself, I don't know, but this does happen.

The cops I've talked to almost all agree that they see this as a "work around" to have a gun in the car for defense without having a permit - and they do not like it. Add to that a hazy understanding of the law and you may be asking for trouble.

So yes, you're within the law, but I still wouldn't suggest doing this.

I remember once before I had my permit, I had a loaded mag in with my 1911 in its gun rug when I visited Burnsville Pistol Range, and Roger said that would get my gun taken away if I got pulled over. He's not a cop but he deals with them a lot so I took his advice.
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Re: Driving with full magazine

Postby TH3180 on Sun Sep 11, 2011 10:55 am

I have the bag my gun goes in and I have the bag my mags go in. The both go into a range bag. If I load my mags, I should be good to go right?
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Re: Driving with full magazine

Postby cobb on Sun Sep 11, 2011 9:49 pm

Squib Joe wrote:
tman wrote:Loaded mags are fine, even inside the case with your firearm.


Fine for you, but absolutely not so fine with other LEOs, especially in the metro area. In particular if the gun case is in the front seat next to you and you don't have a carry permit. There have been occasions where the empty gun and loaded mag are taken from the case, slapped on the hood of the car, and the owner charged with having a loaded pistol without a permit.

Whether the cop claims that the driver removed the mag before he got to the door or if he claims that he removed it himself, I don't know, but this does happen.

The cops I've talked to almost all agree that they see this as a "work around" to have a gun in the car for defense without having a permit - and they do not like it. Add to that a hazy understanding of the law and you may be asking for trouble.

So yes, you're within the law, but I still wouldn't suggest doing this.


You know this is pure BS, as in there is a problem with the LEO's involved. They don't like what I can do legally, well personally I have a big dislike for their arrogant attitude. I know, I know, you are just posting what has probably happened to customers that you know, that is if that customer is actually stating the actual facts of what happened. But if this is actually happening, this is seriously wrong.
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Re: Driving with full magazine

Postby Squib Joe on Sun Sep 11, 2011 10:47 pm

cobb wrote:I know, I know, you are just posting what has probably happened to customers that you know, that is if that customer is actually stating the actual facts of what happened. But if this is actually happening, this is seriously wrong.


I've heard it enough that it is beyond anecdotal, and not just from customers. This was an even bigger problem before the MPPA when it was one of the only options for having a handgun for defense outside of the home and some people carried unloaded guns with charged magazines on a daily basis. I've heard at least twice, from police, that "the magazine is part of the gun - if you have a magazine with ammo in it near your gun, I consider it loaded."

The burden of proof will be on you to prove that the magazine wasn't in the gun. Leave your mags unloaded - or better yet, get your carry permit and make it a non-issue.
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Re: Driving with full magazine

Postby S.A. on Mon Sep 12, 2011 10:29 am

Squib Joe wrote: I've heard at least twice, from police, that "the magazine is part of the gun - if you have a magazine with ammo in it near your gun, I consider it loaded."



I'm so glad we are a nation of laws, not men.
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Re: Driving with full magazine

Postby connsolo on Mon Sep 12, 2011 11:52 am

I got my carry permit for this very reason. It's so easy to forget what's in the range bag, better to just get a permit and not have to worry about accidentally breaking the law.
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Re: Driving with full magazine

Postby Pat Cannon on Mon Sep 12, 2011 1:06 pm

connsolo wrote:I got my carry permit for this very reason. It's so easy to forget what's in the range bag, better to just get a permit and not have to worry about accidentally breaking the law.

Yes. I think of it as kind of a 'grownup card'.
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Re: Driving with full magazine

Postby R.E.T. on Mon Sep 12, 2011 3:52 pm

connsolo wrote:I got my carry permit for this very reason. It's so easy to forget what's in the range bag, better to just get a permit and not have to worry about accidentally breaking the law.


This can save you some trouble in the metro area.
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Re: Driving with full magazine

Postby TH3180 on Mon Sep 12, 2011 4:03 pm

Squib Joe wrote: Leave your mags unloaded - or better yet, get your carry permit and make it a non-issue.


I wish I could afford to get my carry permit. I can't right now or for the foreseeable future. That is why I asked the question I did.
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Re: Driving with full magazine

Postby crbutler on Mon Sep 12, 2011 10:35 pm

I think the legal requirement for transporting a firearm in a car without a carry permit is that it must be cased and not in reach of the occupants of the vehicle while moving. I think that's a national requirement, as that was in the information I got from the folks that did my travel through NYC when I went to Zambia. For air travel, loaded magazines are a no-no. Having said that, the magazine is legally not a firearm. It has no serial number, and legally its just a piece of metal.

I remember in firearms safety that they said the gun should be in a case in the trunk or as far from the driver as possible, and if you could not case it, disassemble it.

I really don't get why some of us want to get in to conflict with the LEO's, even the ones who are not on our side. Conflict is not going to do anyone any good on the scene. If you have a problem, deal with it after the fact with their supervisors. THEY have the clout to change behavior, not some citizen.
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Re: Driving with full magazine

Postby tman on Mon Sep 12, 2011 11:45 pm

crbutler wrote:I think the legal requirement for transporting a firearm in a car without a carry permit is that it must be cased and not in reach of the occupants of the vehicle while moving. I think that's a national requirement, as that was in the information I got from the folks that did my travel through NYC ...


97B.045 TRANSPORTATION OF FIREARMS.
Subdivision 1.Restrictions.

A person may not transport a firearm in a motor vehicle unless the firearm is:

(1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed;

(2) unloaded and in the closed trunk of a motor vehicle; or

(3) a handgun carried in compliance with sections 624.714 and 624.715.


So, a firearm must be unloaded and cased (sec 1) or unloaded and in the closed trunk (sec 2), or a handgun carried with a permit (3).

You must do 1 or 2, but not both. OR, neither if you have a pistol and a permit to carry.
crbutler wrote:I remember in firearms safety that they said the gun should be in a case in the trunk or as far from the driver as possible, and if you could not case it, disassemble it.


MN's laws don't require this. NY most likely has laws that suck.
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Re: Driving with full magazine

Postby DeanC on Tue Sep 13, 2011 10:58 am

crbutler wrote:For air travel, loaded magazines are a no-no.

That's not what this guy says: http://www.gunreports.com/special_repor ... 837-1.html

Firearm magazines/clips do not satisfy the packaging requirement unless they provide a complete and secure enclosure of the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard).
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Re: Driving with full magazine

Postby justaguy on Tue Sep 13, 2011 11:35 am

cobb wrote:
Squib Joe wrote:
tman wrote:Loaded mags are fine, even inside the case with your firearm.


Fine for you, but absolutely not so fine with other LEOs, especially in the metro area. In particular if the gun case is in the front seat next to you and you don't have a carry permit. There have been occasions where the empty gun and loaded mag are taken from the case, slapped on the hood of the car, and the owner charged with having a loaded pistol without a permit.

Whether the cop claims that the driver removed the mag before he got to the door or if he claims that he removed it himself, I don't know, but this does happen.

The cops I've talked to almost all agree that they see this as a "work around" to have a gun in the car for defense without having a permit - and they do not like it. Add to that a hazy understanding of the law and you may be asking for trouble.

So yes, you're within the law, but I still wouldn't suggest doing this.


You know this is pure BS, as in there is a problem with the LEO's involved. They don't like what I can do legally, well personally I have a big dislike for their arrogant attitude. I know, I know, you are just posting what has probably happened to customers that you know, that is if that customer is actually stating the actual facts of what happened. But if this is actually happening, this is seriously wrong.

I agree, but its always easier to just comply. Its the easiest thing to do. You wont change anything so just comply. Thats what I do.
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Re: Driving with full magazine

Postby crbutler on Tue Sep 13, 2011 7:49 pm

DeanC wrote:
crbutler wrote:For air travel, loaded magazines are a no-no.

That's not what this guy says: http://www.gunreports.com/special_repor ... 837-1.html

Firearm magazines/clips do not satisfy the packaging requirement unless they provide a complete and secure enclosure of the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard).


But they have to provide individual slots for the ammo. Each cartridge must be enclosed, like they do in factory ammo boxes.

Its not that you can't get away with it sometimes in the US, but airlines carriage is governed by international treaty. The US laws are quite a bit less strict than the international rules, but all the US carriers follow the international requirements in their conditions of service and policies.

So, its not what's legal, its what is allowed.

If you are not flying commercial, all this probably does not apply (ie charter or military aircraft) I've carried loaded handguns on puddle jumpers before (with the pilot's permission) so it is what it is.
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Re: Driving with full magazine

Postby SparkyJeff on Thu Sep 15, 2011 9:53 am

Pat Cannon wrote:
connsolo wrote:I got my carry permit for this very reason. It's so easy to forget what's in the range bag, better to just get a permit and not have to worry about accidentally breaking the law.

Yes. I think of it as kind of a 'grownup card'.


R.E.T. wrote: This can save you some trouble in the metro area.


:iagree: You guys must be reading my mind.
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