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

OC in route to hunting area legality

  • Perfecty Legal

    Votes: 0 0.0%
  • There is other aspects of Law in play

    Votes: 0 0.0%
  • it is Ilegal

    Votes: 0 0.0%
  • What are you nuts, your going to get shot!

    Votes: 0 0.0%

  • Total voters
    0
  • 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
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
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.
 
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