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Old June 30, 2009, 01:31 PM   #1
azredhawk44
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Theoretical FOPA Question

Let's say I'm driving from Phoenix to Portland, OR.

I choose to go through CA on my way up. No intended stops other than whatever's on I-5 that feeds me and shelters me.

My goal in Oregon is either hunting, target shooting, or something that has me bringing my M14, equipped with such evil features as a bayonet lug, flash hider and great big assault magazines. Perhaps I even have mounted the receiver in a pistol grip stock as well just for grins and giggles.

Not illegal in AZ, not illegal in OR. The actual intended USE of the rifle is legal in origin and destination. Rifle is unloaded and secured properly in vehicle.

Does FOPA protect transport of said weapon and magazines through CA?

And... what if the driver experiences a vehicle failure and is delayed in such a way as to require leaving the original vehicle at a mechanic, renting a replacement vehicle and taking a cab from the mechanic to the rental agency. Rifle would then be more likely to be observed during these types of exchanges between vehicles.

Still FOPA-protected even during resolving a vehicle failure?
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Old June 30, 2009, 01:35 PM   #2
EOD Guy
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The rifle is ok as long as it is unloaded and in a locked container. The magazines are not ok and bringing them into California would be illegal. Mail the magazines ahead, unloaded of course.
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Old June 30, 2009, 02:09 PM   #3
azredhawk44
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So FOPA does not protect magazines?
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Old June 30, 2009, 02:29 PM   #4
maestro pistolero
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Quote:
So FOPA does not protect magazines?
EXCELLENT QUESTION! I've often wondered this myself. I don''t recall anything in the FOPA that says that certain parts of firearms (magazines), or indeed any particular firearm in not covered under the FOPA. I don't see how this could withstand a challenge.

If I can have an AR15 with thirty round magazines in NV, or a .50 BMG for that matter. and my itinerary takes me through a section of CA en-route to somewhere else that I may legally possess these items, then I think I'm covered.

CA law isn't shy about claiming that magazines are part of the gun when it comes to carry laws. If they are part of the gun, then they ought to be protected under the FOPA.
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Old June 30, 2009, 03:13 PM   #5
vranasaurus
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The real answer is that whether or not magazines are protected by the FOPA is open for debate.

I say yes you are protected but you may still have to deal with some legal proceedings if they caught you in california with the mags.

My thought is that you would eventually win in federal court but do you want to be the test case?

The other question is that if you kept them in the locked case with the guns would anyone know?
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Old June 30, 2009, 04:06 PM   #6
maestro pistolero
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My thought is that you would eventually win in federal court but do you want to be the test case?
No, thanks

Quote:
The other question is that if you kept them in the locked case with the guns would anyone know?
That's a separate question, but yes, that could be true for any item of questionable legality.
If they found an AR, I'm sure they could muster what, in their mind, would be probable cause to search.
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Old June 30, 2009, 08:50 PM   #7
EOD Guy
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Quote:
Originally Posted by
maestro pistolero

CA law isn't shy about claiming that magazines are part of the gun when it comes to carry laws. If they are part of the gun, then they ought to be protected under the FOPA.
California does not consider the magazine to be part of the gun. You can have a loaded magazine in your possession legally. The only time that would be illegal is if you were participating in criminal street gang activity or were involved in the commission of a felony.
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Old June 30, 2009, 10:29 PM   #8
maestro pistolero
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California does not consider the magazine to be part of the gun. You can have a loaded magazine in your possession legally. The only time that would be illegal is if you were participating in criminal street gang activity or were involved in the commission of a felony.
True, but loaded mags must be displayed openly as if they were part of the gun, whereas speed loaders don't have the same requirement.
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Old June 30, 2009, 11:01 PM   #9
EOD Guy
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Quote:
Originally Posted by maestro pistolero
Quote:
California does not consider the magazine to be part of the gun. You can have a loaded magazine in your possession legally. The only time that would be illegal is if you were participating in criminal street gang activity or were involved in the commission of a felony.

True, but loaded mags must be displayed openly as if they were part of the gun, whereas speed loaders don't have the same requirement.
Not true. There is no such requirement in California law.
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Old June 30, 2009, 11:22 PM   #10
maestro pistolero
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I'm referring to while carrying openly , unloaded. No time right now to get the reference, but will try to post it later.

Last edited by maestro pistolero; June 30, 2009 at 11:42 PM.
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Old July 1, 2009, 11:51 AM   #11
maestro pistolero
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Ok not the official reference I was looking for, but it's a start. These guys are experienced open carriers who (IIRC) cite a court case where this was established. In any case, the series of videos is interesting info for any would be 'open-carrier' in CA. There is asegment that specifically addresses how loaded mags must be carried when UOCing a firearm.

During normal locked transport of a firearm (handgun) it is not necessary to have a magazine in view.

http://www.youtube.com/view_play_lis...DFD99BEFA7E9CB

Last edited by maestro pistolero; July 1, 2009 at 11:34 PM.
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Old July 7, 2009, 03:04 PM   #12
langenc
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Just stay the hexx out of CA, IL and some others. If you must get thru as fast as possible-I dont know what to tell you about the mags. Id go around CA or KA and Arnold.
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Old July 7, 2009, 03:56 PM   #13
Don H
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It's not in the spirit of the game but I'd take I-15 through Utah and then I-84 to Portland and just avoid the whole California issue!
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