Carrying just a loaded mag


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huaco
May 17, 2003, 05:51 PM
When there are situations where I have to leave my carry weapon in the car I always remove the magazine and slip it in my pocket. As unpleasant and serious as it would be to have the gun stolen at least by doing this I know I will not have provided a thief with a functional loaded weapon. What I'm wondering about is...can the loaded mag get me in trouble? I would never try to go into an airport with a loaded mag but how about a place under the 51% rule, an amusement park, or sporting event? All these are off limits in Texas and could involve searches or metal detectors. Anybody have any knowledge of the laws or experience along these lines?

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Hkmp5sd
May 17, 2003, 06:00 PM
Interesting question. Never thought about it. I have read that in some jurisdictions, having a live cartridge is considered the same as having a firearm.

When I am forced to leave my Glock 17 or 27 in the car, I pop out the barrel and stick it in my pocket.

Jesse H
May 17, 2003, 06:17 PM
Huaco,

I do that sometimes into 51% establishments. As far as airports, chl is ok as long as you're not carrying into the "secure" areas...which is difficult since only passengers are allowed entrance.

take care

Art Eatman
May 17, 2003, 06:39 PM
Speaking only for Texas, I wouldn't worry about having just the magazine on my person. If found during a search, I know of no criminal charge which could be brought. With a CHL and an explanation, most cops would give an Attaboy.

Art

AK103K
May 18, 2003, 08:05 AM
Other than the court house or air port, etc, where cant you carry a gun? And if they restrict your carrying, dont they have to provide you with a secure place to store your weapon while your there? The federal and our local courthouses do, you just check it at the security booth. They dont even ask to see it, just put it loaded in the lock box, along wih all those other dangerous and restricted items in your pocket, like your toenail clippers, etc. I always like to ask them where my "security detail" is when I come out, since they are now "responsible" for my safety while in their custody. I almost always get a pretty good laugh from that, but theres always that one who doesnt think its funny. :rolleyes:
Must be nice to have immunity from responsibility like they do.

CB900F
May 18, 2003, 12:50 PM
Whoa! The things that pop up & surprise me. Would someone please explain the 51% rule? I'm sure it doesn't apply here in Montana, but I gotta admit I'm curious.

As for some of the other comments. Around here, I gotta high suspicion that if you took a concealed into the Federal building & offered to surrender it at the security gate, you'd find yourself in custody PDQ. In Montana it's also an absolute no-no to carry in an establishment that serves alchohol. But just try to get an absolute ruling from an LEO in situations like the Holiday Inn. The bar & your room are both 'under one roof'. Busted if you do & mugged in the parking lot if you don't.

I was somewhat bemused to read on another thread about the gentleman in Norfolk VA, having to expose his piece because he was in an establishment that served alchohol.
900F

Double Naught Spy
May 18, 2003, 01:14 PM
In Texas, the 51% rule pertains to an establishment that makes 51% or more of their income from alcohol sales. Supposedly the law was to pertain to bar type situations, but apparently can pertain to package stores. The 51% rule, as stated directly on the 51% sign pertains to firearms and not parts of firearms. So your mag and ammo would be legal in that case. Carrying a gun without a mag and ammo would still be just as illegal even if the gun can't fire because you took the mag and ammo out.

AK103K, other places in Texas you can't carry would include schools and police station secure areas. There is also the 30.06 code that says businesses, private property (and currently) some public buildings can have posted the sign that says firearms are not allowed. If you carry where posted, it is a trespassing. And NO, they do not have to provide you with a safe place to store your gun if you are going into a place that does not allow guns. It is the responsibility of the gun owner/carrier to make proper arrangements.

As per Texas law, I don't know of any specific laws that state carrying a loaded magazine is a problem as the magazine is not a firearm. Similarly, you can open carry your mags and not be in violation of the law. It would not be smart, but it would be legal.

So huaco, you don't conceal carry with a round in the chamber or do you have a gun with a mag disconnect feature?

sm
May 18, 2003, 01:40 PM
Some Student Handbooks have the "live cartridge" , "magazine",or "loaded magazine" clause(s).

I have heard some Corp.'s and businesses have similar 'clause(s)" in employee handbooks.

If in question, I would inquire. As www.packing.org, individual state web sites , or corp. web sites may not be updated , or provide info on site ( corp. sites).

Some may/may not have signage, some corporations may have signage on parking lots/decks. For instance entering main parking lot has signage...across the street there is not.

I know , its splitting hairs. Probably good to have a lockable box available/kept in vehicle, even if your state law doesn't require ( as some do).

I don't advise advertising, be it internet, or individual. BG's get ideas here, just like "supposed friends " family say things they shouldn't. You know so and so is going on vacation...and house gets broken into whilst gone.

HTH

AK103K
May 18, 2003, 03:39 PM
Around here, I gotta high suspicion that if you took a concealed into the Federal building & offered to surrender it at the security gate, you'd find yourself in custody PDQ.
I had federal jury duty here and had to go to into the city to the federal courthouse. I called to ask what the procedure was and was told to check it at the booth. I got preferential treatment and didnt have to wait in line or have my knife, cell phone, etc, taken from me as it went into the box. Its pretty much the same deal at our local court house, just check it at the booth. I would bet that all federal courthouses and buildings are the same, as are probably local government buildings. There is so much "misinfo" on what and what you can not do thrown around. If you read most of the actual "laws", you can carry where you are told you cant , even by signs on the wall. The post office is one example of this. Even the school zone thing, at least here in PA, is not really correct if you read the law. They all seem to have the disclaimer of "or any other lawful purpose" in them. I have a feeling, that has to be there or it would be unconstitutional. The way I read that is, its legal if your not doing something "unlawful", although it might cost you money to prove it, but if you know the law, it might save you from actual arrest by making them read it and/or prove otherwise.
I think a lot of these "rules" can and should be challenged. Just because a sign or someone "tells" you you cant, it may not really be the case and unless you actually read it in the law or have them show you the law in writing, then its probably not really the law, just them trying to make you do what they want. I'm not saying different states dont have different rules, but just because they tell you something on the news, or some security guard says its so dont mean it is. Make them prove it, they have to, that part really is the law.

Jesse H
May 18, 2003, 05:35 PM
In Texas, the 51% rule pertains to an establishment that makes 51% or more of their income from alcohol sales. Supposedly the law was to pertain to bar type situations, but apparently can pertain to package stores.

Found out last night that the bowling alley I frequent has 51% signs posted. I know I spent more on bowling than I did on beer last night...and I brought my own shoes and there was a special going on so bowling was cheaper.

huaco
May 18, 2003, 08:28 PM
Double Naught Spy

As for packaging stores I thought they were off limits too but I recently noticed a sign on the door of the one nearest me and reread it several times. It says that unlicensed carry on the premises is illegal and lists the penalties. It never mentions licensed carry. The only reason I can think of why they would have such a sign is that the penalties for unlicensed carry there are more than for other places but it sure seems that if licensed carry there is illegal there would be some signage to that effect.

And yes you've found me out, I normally don't carry with a round in the pipe. I've not been carrying very long but I've been around guns for decades and my training and instinct for gun safety is still dominant. I've seen a lot of discussions about this subject and I know that most favor being more ready but to be honest I'm still just getting comfortable with a loaded magazine in a gun I'm not about to shoot. To me the safety of an unloaded chamber outweighs the safety of the additional readiness. I don't have a problem with how others choose to exercise this responsibility and I may change my ways someday but for now this is how I read the odds as applied to my environment.

Art Eatman
May 18, 2003, 09:54 PM
The 51% law in Texas pertains to places deriving over half their income from booze drunk on the premises. You can't drink in a package store; it's agin the law--so licensed carry is legal therein.

The owner of a package store can post a 30-06 sign if he wishes, but that's a whole different deal from any state prohibition.

Art

.45Ruger
May 19, 2003, 07:00 PM
At work I am prohibited from carrying but I don't like to be defensless during my commute so I have comprimised. I lock my gun inside of the truck, inside of a box bolted behind my seat and with a gun lock on it. I take the mag into work. I figure this way I make it a real pain for anyone wanting to steal gun, or truck because I have a club and alarm as well.

Art Eatman
May 19, 2003, 07:05 PM
"The Club" will keep honest folks honest, but a pair of large bolt-cutters will chop right through the steering wheel so it can be bent out of the Club.

Art

AK103K
May 19, 2003, 07:08 PM
but a pair of large bolt-cutters will chop right through the steering wheel
This is one of the best tools ever invented! Everyone should have one in their truck. They even work on bolts too. Almost as good as a Ginsu knife! :)

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