I'm sure it feels that way, because knowing the borders of incorporated, un-incorporated and unincorporated prohibited areas is difficult, but here's the California Penal Code 26350, w,hich is included in AB144
http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_144_bill_20111009_chaptered.pdf, I was asking to be cited. I've
highlighted the prohibited areas in the Crime paragraph.
Open carry is NOT 100% unlawful. I clipped the sections that generally apply to carry exceptions. Please read the code carefully.
Article 1. Crime of Openly Carrying an Unloaded Handgun
Section 26350.
a) (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or
public street in an incorporated city or city and county.
(B) A public street in a
prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a
prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:
(A) A public place or public street in an
incorporated city or city and county.
(B) A public street in a
prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a
prohibited area of a county or city and county.
Article 2. Exemptions
Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while engaged in hunting or while transporting that handgun when going to or returning from that hunting expedition.
Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when done within a place of business, a place of residence, or on private property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry openly an unloaded handgun within that place of business, place of residence, or on that private property owned or lawfully possessed by that person.
Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun on publicly owned land, if the possession and use of a handgun is specifically permitted by the managing agency of the land and the person carrying that handgun is in lawful possession of that handgun.
I am not a lawyer, but the way I read this,
1. It is legal to carry on your person in an un-incorporated city or on any public street in an area of unincorporated territory, where otherwise not prohibited.
2. you can carry when hunting (common sense)
3. you can carry in your place of business, if you are an officer, employee, or agent authorized by that person for lawful purposes connected with that business.
4. you can carry at your place of residence, including any temporary residence or campsite.
If you can find/cite another California Penal Code, I will admit I am incorrect. Unless you can provide a more recent legislation, this is what I'm going by.
There is also California Penal Code 12031 almost exactly the same and references loaded carry. The 26350 was basically written to match the loaded carry so open carry and loaded carry are basically the same.
(a)(1)A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
(h)Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person's place of business, or any person in lawful possession of private property from having a loaded firearm on that property.
(i)Nothing in this section shall prevent any person from carrying a loaded firearm in an area within an incorporated city while engaged in hunting, provided that the hunting at that place and time is not prohibited by the city council.
(l)Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.
Personally, I go to Cailfornia about once a month, or every other month. While in my vehicle, I unload and lock my firearm in a case, at the Nevada/California State line. It stays there until I get to my destination, usually a camp site. Depending on where I am, incorporated, unincorporated, or unincorporated prohibited, will determine if I carry.
