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Is it legal to open carry spare magazines???

Discussion in 'Legal' started by Bullseye25, Feb 5, 2011.

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  1. Bullseye25

    Bullseye25 Member

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    I live in FL where we have conceal carry but not open just yet. My question is, if I have a concealed weapon on me, is it legal to carry extra mag pouches on my belt openly? Or would that be considered a form of open carry or brandishing??
     
  2. AKPastor

    AKPastor Member

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    Why open carry the magazine? You can avoid the situation entirely by staying concealed. The mag pouch will just announce that you are or may be carrying.
     
  3. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Every thread that asks a question about open carry ends up with debates on open carry itself.

    Can anyone actually answer the question?
     
  4. ChristopherG

    ChristopherG Member

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    If this were my question, I wouldn't trust anybody to answer it OTHER than the office of the Prosecuting Attorney of the county in which I planned to do it.
     
  5. Hanzo581

    Hanzo581 Member

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    It was my understanding carry laws applied to firearms...magazines and ammunition are not firearms.
     
  6. TexasRifleman

    TexasRifleman Moderator Emeritus

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    True but there might be a cite of it happening before, or some specific legislation. I've seen some state law that specifically mentions magazines or ammo carriers by name, but I don't know if Florida does or not. Can't remember now where I saw that... may have to search for it.
     
  7. Hanzo581

    Hanzo581 Member

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    Absolutely, I would check with my local authorities before doing anything.
     
  8. dovedescending

    dovedescending Member

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    Somebody with the knowhow research this and post an answer! I'm curious as well.
     
  9. NavyLCDR

    NavyLCDR member

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    How about this.
    http://www.flsenate.gov/Laws/Statutes/2010/Chapter790/All

    Nowhere in the entire chapter does the word magazine or clip appear. Local statutes are unenforceable due to preemption:

    Thus, there is nothing in Florida state law causing the open carry of magazines to be prohibited, and local governments are prohibited from making their own statues.
     
  10. Bullseye25

    Bullseye25 Member

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    Does anyone out there open carry their mags???

    Thanks for the info. Is there anyone that actually does this? I'm very curious. I think it would be very convenient to make up for the mag capacity I lose with a smaller carry weapon to have spare mags right there on the belt without finding another place on my person to try and hide them.
     
  11. Hanzo581

    Hanzo581 Member

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    Open carrying mags is like carrying a sign that says "I have a gun on me". Personally I wouldn't do it.
     
  12. General Geoff

    General Geoff Member

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    The authorities (law enforcement in particular) are the last people you want to ask if something is legal. Study your state law, or an attorney if you are not confident in your ability to understand the law.
     
  13. xcgates

    xcgates Member

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    I can't address the legal part of the question (besides it has been covered already), but how about using a case that looks like a blackberry, iphone, "icantlivewithoutmyelectronictether" case?

    I doubt many people would think anything other than a phone when they see a belt-carried case, and if they did, would probably think something like a Leatherman before GUN!

    Again, that does not address the legalities, but it does address the "look" you portray.
     
  14. NavyLCDR

    NavyLCDR member

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    Some people only concealed carry because they are required to by law, not because they want to.
     
  15. Jeff F

    Jeff F Member

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    I don't know about FL, I can't find anything in Nevada's NRS about Magazine's when you CCW. We have open as well as concealed carry here. I'm of the same mind as Hanzo581, if I'm carrying concealed why would I want an exposed magazine or speed loader on my belt saying got bullets, probably got a gun.
     
  16. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    It's one of those things that will be left to "officer discretion". If push comes to shove, it's one of those "you'll beat the rap (in court), but not the ride (to jail)" moments.

    Remember, folks, the process IS the punishment!
     
  17. BleysAhrens

    BleysAhrens Member

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    Put it in a Gerber pouch. I know my .40 P99 mags fit in one...
     
  18. Blackbeard

    Blackbeard Member

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    Beats me
     
  19. Bullseye25

    Bullseye25 Member

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    I was thinking about mag pouches that fully enclose the mag, not really showing it. I think many would pass it off as a phone/leatherman/tool more than anything else.

    I also intend to use for small single stack magazines 6/7 rounds for a p3at and pt 740. Probably easy to find mag pouches (or similar product) that will fully encase these. This would be much easier than stuffing mags in the pocket.
     
  20. zorro45

    zorro45 Member

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    open carry magazine

    go to Walmart, buy the clunky and very crude Winchester multitool, throw it away and use the pouch.
     
  21. NavyLCDR

    NavyLCDR member

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    Seriously?!? The FIRST 4 words in this post are:

    I live in FL

    [​IMG]
     
  22. Owen Sparks

    Owen Sparks member

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    I once walked into a small country store with two 1911 magazines on my belt on the way home from an IDPA match. A deputy sherriff happened to be in the store and asked me what I was doing so I told him. I was wearing shorts and a T shirt and it was obvious that I did not have a pistol on me so he asked a few questions about IDPA and went on his way.
     
  23. .zerocool.

    .zerocool. Member

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    All depends on your state, county etc rules. I know in the most strict state of California, you are generally allowed to carry an OC pistol with a loaded magazine in a pouch or whatever. It depends on the county your in, how educated the LE officers are on the local gun laws etc. Lots of times, something will be legal, but if a LE officer hasn't been briefed in depth, they can still seize your gun, only making a sh&t pile of work to legally get your gun back (and you'd lose the time you spend in jail with a "sorry we were wrong" statement afterwards.

    This is something in reality you can't ask a forum for help, you need to as a local Judge or Attrny about the LOCAL laws. State laws doesn't mean squat when it comes to Local laws. They all vary. Just the same as federal laws differing from state laws.

    And yes, the comment about not asking cops is correct. Don't do it, unless its an LE officer you know and trust. Many a times officers have to be briefed to be in the "know". Many times LE officers are so far out of the "know" it's not funny. Reason why if you get stopped by one, you don't start-a-blabbin and play by the rules. Don't give information they don't need. Don't try and educate them. Either you have paperwork on you showing the laws that exist locally/state wise, or you ask him to call an officer informed on the subject. Either way, having paperwork that shows your legally entitled to something is the key. I've mentioned california many times, and for good reason. Many things need to be done there in order to keep legal, and paperwork & law info is one of them. Best be prepared for those handcuffs either way and have as much info as possible. (To add : Including an attrny in your phone book / on speed dial)

    I should also mention, an NRA membership IS A MUST. The NRA will provide a lawyer for you if you are being prosecuted for something that was/is legal, and sometimes even if it is a grey area.
     
  24. mljdeckard

    mljdeckard Member

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    ^^REALLY? Would you show the cases where the NRA has provided an attorney as part of membership? This is why they sell insurance in ADDITION to membership.
     
  25. CollinLeon

    CollinLeon member

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    Hire a lawyer and he'll tell you whatever you pay him to say... Check with the prosecuting attorney and he'll tell you to talk to an attorney about it... Even if the prosecuting attorney was to commit, it is just as likely that another prosecuting attorney will not... There are quite a few of them that are anti-2nd-Amendment... Back around 1993 or so, I had a conversation with one of the Assistant District Attorneys for Fort Bend County in Texas (Pedro Ruis). He said to me, "Well, I don't own a gun, so I don't see why anyone else should"... He was not someone that you wanted involved in your case if you were relying on Texas' "traveling defense" for carrying a handgun in a car... Didn't matter if you had spent the night and crossed 3 county lines or whatever... He would prosecute you so that he could up his conviction rate... You have to realize that sometimes you will get people like this in the DA office and you will have cops who have no knowledge of the law who think that only *they* should be the ones who should be armed. Even if carrying ammo openly in your state is legal, it might best be a case of "what they don't know, can't hurt *you*"... As far as I know, it is completely legal in Texas... On the other hand, if you are carrying a baseball bat in your car, you better have a baseball and glove with it if you don't want any trouble from an overzealous LEO or ADA...
     
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