Boots wrote:Where do you think we are, California? You can carry a firearm in California...unloaded. WTF!!!bluedog46 wrote:... I assume you are allowed to keep a loaded mag on your hip but dont know.Yes, you are.
Boots wrote:Where do you think we are, California? You can carry a firearm in California...unloaded. WTF!!!bluedog46 wrote:... I assume you are allowed to keep a loaded mag on your hip but dont know.Yes, you are.
GatorDude wrote:No, we're in Delaware, but his question concerned whether a loaded magazine could be carried in California.Boots wrote:Where do you think we are, California? ....bluedog46 wrote:... I assume you are allowed to keep a loaded mag on your hip but dont know.Yes, you are.
GatorDude wrote:I agree with you. I guess it's just their way to 'comply' with the 2A while doing their best to get OCers shot or their firearm stolen in the process. You KNOW the BGs have their guns loaded and at the ready!Boots wrote:No, we're in Delaware, but his question concerned whether a loaded magazine could be carried in California.I was being sarcastic, Boots. I never understood the concept of carrying an unloaded firearm. I find that just ridiculous. Unfortunately, that's what they have to do in California for OC'ing.
GatorDude wrote:Wait a second, Boots! You mean to tell me that the criminals don't carry their weapons unloaded? That's not fair....YEAH! Tell me about it!
capnpirate wrote:As far as I know, there is no brandishing law in DE. Unless you're displaying hostile/angry behavior or doing something that causes people to have reason to believe you're about to fire it, there is no difference whether your firearm is in its holster or in your hand (preferably down at your side, of course. ).I can see where an unholstered firearm, held in your hand with no reason, could be argued to violate this part of the disorderly conduct code:
§ 1301. Disorderly conduct; unclassified misdemeanor. wrote: A person is guilty of disorderly conduct when:The question is whether a brandished firearm, by itself, creates a "hazardous or physically offensive condition" AND whether that hazardous / physically offensive condition actually "creates a risk" of "inconvenience, annoyance, or alarm to any other person." IANAL, but if either condition is not met then I don't see how you could be convicted.
(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by:
...
f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or
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Boots wrote:This was regarding california and being allowed to oc but not have a loaded gun. I am curious if the criminals, robbers, rapist and so forth keep their guns unloaded? After all the liberal politicians tell us we have nothing to fear.bluedog46 wrote:... I assume you are allowed to keep a loaded mag on your hip but dont know.Yes, you are.
astro_wanabe wrote:The question is whether a brandished firearm, by itself, creates a "hazardous or physically offensive condition" AND whether that hazardous / physically offensive condition actually "creates a risk" of "inconvenience, annoyance, or alarm to any other person." IANAL, but if either condition is not met then I don't see how you could be convicted.As with me, IANAL, but it was explained to me by a student of the law, Constitutional law specifically, that DE does not recognize the legal definition of Brandish unless the person in possession of the firearm is obviously emotionally disturbed. There are 2 definitions, from what I understand; one means to wave the weapon around menacingly or with clear intent to cause harm (legal one) and the other means to display very obviously and out in the open (non-legal one). Simply holding the firearm in a non-threatening way (such as pointed away from people, pointed into the ground, at your side, etc.) is the second definition while pointing it towards someone deliberately or holding it with your finger on the trigger. Of course... once again... it is up to the real lawyers to fight this one out. I'm not advocating walking around with a pistol in your hands, I'm simply sharing some interesting tidbit I was told about.