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

OC in route to hunting area legality

  • It is perfectly legal

    Votes: 1 100.0%
  • You can't do that

    Votes: 0 0.0%
  • You are going to get shot!! R U crazy?

    Votes: 0 0.0%

  • Total voters
    1
  • Poll closed .

JYD911

New member
Joined
Dec 24, 2013
Messages
10
Location
San Clemente
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:

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
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.


Sent from my iPad using Tapatalk.

<o>
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
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.
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
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...
 

Aknazer

Regular Member
Joined
Mar 6, 2011
Messages
1,760
Location
California
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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