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

  1. #1
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    Question 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

  2. #2
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
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    This was one of about 12 exemptions that I think apply to ordinary people.

    The trouble is that since police see a violation, they will be happy to place people under arrest regardless of an exemption buried in the statute. It is entirely probable that you will be arrested, have your firearm seized, and will have to put up a legal defense wherein you will have to prove that you were in fact, on your way to or from a hunting expedition and intended to hunt game.

    It would give you more latitude to become an 'authorized participant in a video production'- this way, you wouldn't be limited to transporting to or from a hunting expedition.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
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