CYA. No one wants to be responsible for bad legal advice if some bubba gets pulled out of his car at gunpoint. "Well BigDaddyBubba on OklahomaRamboes said it was okay if i kept a hunnered rd drum in my AK on my rifle rack!"
Hey a Saiga 12 with a 20rd mag might look good in a rifle rack.
I think that'd look awesome.
Bettingpython - The confusing part, at least for me, is the "notwithstanding the provisions of Section 1289.7 of this title". I guess that's more to say if you can carry it to begin with, and not so much directed at the loaded magazine portion. Legalese has always perplexed me, but I guess most law is subject to interpretation. Since I'll be in this area the majority of the time, I'll stick with my decision to contact the DA just to be on the safe side, and go from there. I'll add whatever I find out to this post.
As a general rule state troopers are excellent sources of statutory info. I recently ask one this very question and was told that it was legal to "transport" a rifle as long as the magazine was not inserted. If it is even partially inserted your #%@!. I havent read the statute but i gotta say i bet the guy that drove his semi into the LA riot didnt plan on it that morning. Better to be prepared. Just carry two mags one in the door and one in a velro case afixed to the rear interior panel of the truck. there are several manufacturers of high quality lockable police style rifle racks. Dont expect an answer on the edge of the law from the DA. Keep in mind rifle calibers fall outside of ccw law!
If youre not going to read the statute then why even post about it.
My interpretation of the law is if you have no permit then you can conceal a rifle or shotgun as long as there is no magazine loaded and inserted into the gun or shells in the mag tube of a shotgun. This can also be carried with the gun in the open in the same manner, and there is no law stating the magazine/ammo have to be kept separate. You can keep your AR 15 in the seat next to you with a magazine sitting on top of it if you want. To me the "concealed" in the first red highlighted area carries over. "concealed behind a seat of the vehicle or "concealed" within the interior of the vehicle" Since the ability to carry it unconcealed is already covered in the first part by the "plain view" condition.
If you do have a permit then you can carry a rifle or shotgun in any manner as long as there is not a round in the chamber. And there is no condition requirement in this section, so I would say concealed or unconcealed is allowed. Some people say that the SDA has nothing to do with long guns. And it may not directly be stated in the SDA section, but obviously these two sections were amended to allow for a little extra room for those who do have a valid permit.
Theft is a big concern and you don't want to have a gun out in plain view all the time. I do not generally carry this way, but I wouldn't have an issue keeping a gun in my car in the manners I have stated. And yes the law appears a bit grey here and I'm sure that there are officers that would arrest or confiscate based on a different understanding of the law, which is the case for any law. The best thing you could ever do in that situation is not argue it on the side of the road because you will not win there in any way and likely to get in more trouble. But I do feel confident that when it came time to go to court if it even went that far that I would be cleared.
If you do have a permit then you can carry a rifle or shotgun in any manner as long as there is not a round in the chamber. And there is no condition requirement in this section, so I would say concealed or unconcealed is allowed. Some people say that the SDA has nothing to do with long guns. And it may not directly be stated in the SDA section, but obviously these two sections were amended to allow for a little extra room for those who do have a valid permit.
Theft is a big concern and you don't want to have a gun out in plain view all the time. I do not generally carry this way, but I wouldn't have an issue keeping a gun in my car in the manners I have stated. And yes the law appears a bit grey here and I'm sure that there are officers that would arrest or confiscate based on a different understanding of the law, which is the case for any law. The best thing you could ever do in that situation is not argue it on the side of the road because you will not win there in any way and likely to get in more trouble. But I do feel confident that when it came time to go to court if it even went that far that I would be cleared.
Sometimes you have to consider where and how some of these laws came about.
In the late 70s - early 80s these laws came about for deer hunters on big leases ( lazy state sen. and reps?)
To not have to completely unload their bolt and lever actions when moving from one part of a lease to another on public roads. Just take the round out of the chamber.
It was never intended for Ramboes to carry AR's and AK's with giant mags all over town. It has just evolved into that.
Flame away!
In the late 70s - early 80s these laws came about for deer hunters on big leases ( lazy state sen. and reps?)
To not have to completely unload their bolt and lever actions when moving from one part of a lease to another on public roads. Just take the round out of the chamber.
It was never intended for Ramboes to carry AR's and AK's with giant mags all over town. It has just evolved into that.
Flame away!
Show me the superceded statutes from the 70's and 80's that allowed a firearm to be carried in a vehicle magzine loaded and chamber empty. You can't because they didn't exist, that provision is specific to the SDA statutes and came about during a later revision of the SDA not the original act which I learned when I first got my permit back in 96.
Don't know how to look it up, but it went into effect about the same year as the law allowing 223 for deer.
I remember because I sold hunting licenses. Everybody and their brother was calling up asking about it.
I'm talking specifically about the loaded mag - no round in chamber part - gun could NOT be concealed.
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