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Thread: OC in the OC Let us talk about excemptions to PENAL CODE 26350

  1. #1
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    OC in the OC Let us talk about excemptions to PENAL CODE 26350

    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.
    (b) (1) Except as specified in paragraph (2), a violation of this
    section is a misdemeanor.


    Now the exception in question is 26366

    26366. 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.


    So, if I openly wear my hunting License, and open carry through town, negotiating around any "PROHIBITED AREAS" while on my way to my hunting area, or returning from said area, although I may get harassed, I would not be in violation of the OC ban.

    Am I correct?

    JYD911
    Last edited by JYD911; 12-25-2013 at 02:16 PM. Reason: DELETE PLEASE

  2. #2
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    Sounds silly not to be able to carry ... anywhere, anytime, by any freeman

  3. #3
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    Yep

    Quote Originally Posted by davidmcbeth View Post
    Sounds silly not to be able to carry ... anywhere, anytime, by any freeman
    I whole heartedly agree with that

  4. #4
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    Since this post is talking about a very specific law, wouldn't this be best posted in that States forum as soon as possible? Otherwise folks from other States will compare their laws to this law, then later the mod will move this to the appropriate State, and forcibly terminate all the other discussions that came about because this was posted in the more generic area.

    This has happened before.


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  5. #5
    Regular Member MKEgal's Avatar
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    should be in state-specific forum

    This should be moved to the forum for the state which owns that horrid law you've quoted.

    "guilty of openly carrying an unloaded handgun... misdemeanor"
    Not in my state. Here it's a right, protected by our laws & Constitution.
    Don't need a license (except in a school zone or public building), and it can be loaded.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
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  6. #6
    Regular Member 1245A Defender's Avatar
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    Well,,,

    JYD911 is talking about California law!
    hes from san clamenty, thats in california
    "incorporated" areas of that state do not like people with guns,,
    sooo people with guns could only open carry, unloaded guns.
    then AB144 out lawed that!
    then they could only open carry unloaded long guns,,
    sooo they passed another law to out law that practice too...

    This thread should be moved to the "California" sub forum...
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  7. #7
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    The law only talked about UOC, just go with LOC and this law no longer applies.

    Though it being CA there would probably be other issues with that. Wonder what the law is on multiple guns while hunting, since your rifle is obviously being OCed as it is.

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