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Thread: OC in CA?

  1. #1
    Regular Member The Truth's Avatar
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    OC in CA?

    I've been in Los Angeles for a couple days for work and I thought my eyes were playing tricks on me...but it's true! I spotted an OCer! He was wearing a sports team hoodie and black cargo pants with his pants legs tucked into black tactical boots. He didn't look to be law enforcement so I asked, "How are you able to open carry?" He replied, "I'm security."

    My question is this: how difficult is it to be legally considered "security" and does anyone know the applicable law/exemption? Upon quick glance the guy looked like he was in street clothes. No badge, no noticeable distinction other than the pants and boots.
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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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    Regular Member solus's Avatar
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    first blush, me thinks you got lied to by someone who is prob a fed or worst case, bounty hunter.

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    Regular Member mjones's Avatar
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    Quote Originally Posted by The Truth View Post
    My question is this: how difficult is it to be legally considered "security" and does anyone know the applicable law/exemption? Upon quick glance the guy looked like he was in street clothes. No badge, no noticeable distinction other than the pants and boots.
    Getting the credentials is easy - BSIS 'guard card' + exposed firearm permit - the required training and qualifications for both are trivial for anyone who considers themselves a gun enthusiast.

    However, the firearm permit is only valid while working and too/from work if in uniform (with specific requirements for what a uniform is) I'm not positive, but I don't think a uniform is required while working.

    The hitch, is that one must be working for a Private Patrol Operator which requires its own licenses, insurance, etc.

    The relevant .gov website is http://www.bsis.ca.gov/

    More then likely, it was a Bail Enforcement Agent (aka bounty hunter)
    Last edited by mjones; 06-01-2016 at 12:59 PM.

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    Regular Member The Truth's Avatar
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    Very interesting. How would one providea proof to police if stopped OCing? Seems this status garners extra rights and seems it would be worth it to go through the training to be able to carry openly. Perhaps I'm misreading this, but couldn't "work" be just about anything?
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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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    Regular Member mjones's Avatar
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    Quote Originally Posted by The Truth View Post
    Very interesting. How would one providea proof to police if stopped OCing? Seems this status garners extra rights and seems it would be worth it to go through the training to be able to carry openly. Perhaps I'm misreading this, but couldn't "work" be just about anything?
    Quote Originally Posted by mjones View Post

    The hitch, is that one must be working for a Private Patrol Operator which requires its own licenses, insurance, etc.
    That hitch I mentioned is a HUGE hitch...

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    Regular Member The Truth's Avatar
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    The guy I talked to just didn't really seem like he was an official. Oh well. It was still cool to see.
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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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    Quote Originally Posted by The Truth View Post
    I've been in Los Angeles for a couple days for work and I thought my eyes were playing tricks on me...but it's true! I spotted an OCer! He was wearing a sports team hoodie and black cargo pants with his pants legs tucked into black tactical boots. He didn't look to be law enforcement so I asked, "How are you able to open carry?" He replied, "I'm security."

    My question is this: how difficult is it to be legally considered "security" and does anyone know the applicable law/exemption? Upon quick glance the guy looked like he was in street clothes. No badge, no noticeable distinction other than the pants and boots.
    If he was actually security then he is in violation. He could only carry openly while in uniform and he would have to be on duty or either to or from work. Armed security guards can not stop at any location such as a store unless on duty.

    If he was a fugitive recovery person working under Penal Code 1299 then he could have been arrested for possessing a loaded firearm since he was not in the actual act of looking for a fugitive. Most people that do fugitive recovery work, who are not licensed private investigators, carry a firearm at their own risk. If they have a CCW then they must carry concealed at all times.

    I am a licensed private investigator and I carry openly most of the time especially if I am doing fugitive recovery cases. I carry everywhere in southern California and never been questioned by police and I interact with them all the time especially when I hand over my arrest.

    I think this guy you saw must have been a security guard that was simply being a fool and carrying out of compliance which I have seen done several times.
    Last edited by Black Knife; 06-04-2016 at 04:35 AM.

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    Quote Originally Posted by The Truth View Post
    Very interesting. How would one providea proof to police if stopped OCing? Seems this status garners extra rights and seems it would be worth it to go through the training to be able to carry openly. Perhaps I'm misreading this, but couldn't "work" be just about anything?
    Unless you plan on being a security guard it would be a waste of time just so you can open carry. Security can only carry a firearm while working and they have to be in uniform.

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    If he was a fugitive recovery person working under Penal Code 1299 then he could have been arrested for possessing a loaded firearm since he was not in the actual act of looking for a fugitive. Most people that do fugitive recovery work, who are not licensed private investigators, carry a firearm at their own risk. If they have a CCW then they must carry concealed at all times.

    I am a licensed private investigator and I carry openly most of the time especially if I am doing fugitive recovery cases. I carry everywhere in southern California and never been questioned by police and I interact with them all the time especially when I hand over my arrest.


    Well we really don't know what he was doing he could have been a lic private investigator or a fugitive recovery person looking for a fugitive.

    If a complete stranger came up to me and asked what I was doing when I was looking for a fugitive, I really don't think I tell him I was looking for a fugitive.

    Telling them I am security seems like a safe answer to me.

    If your a fugitive recovery person and your out and about wouldn't you all ways be looking for a fugitive if you were armed.
    Last edited by Firearms Iinstuctor; 06-04-2016 at 09:44 AM.
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  10. #10
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    Quote Originally Posted by Firearms Iinstuctor View Post
    If he was a fugitive recovery person working under Penal Code 1299 then he could have been arrested for possessing a loaded firearm since he was not in the actual act of looking for a fugitive. Most people that do fugitive recovery work, who are not licensed private investigators, carry a firearm at their own risk. If they have a CCW then they must carry concealed at all times.

    I am a licensed private investigator and I carry openly most of the time especially if I am doing fugitive recovery cases. I carry everywhere in southern California and never been questioned by police and I interact with them all the time especially when I hand over my arrest.


    Well we really don't know what he was doing he could have been a lic private investigator or a fugitive recovery person looking for a fugitive.

    If a complete stranger came up to me and asked what I was doing when I was looking for a fugitive, I really don't think I tell him I was looking for a fugitive.

    Telling them I am security seems like a safe answer to me.

    If your a fugitive recovery person and your out and about wouldn't you all ways be looking for a fugitive if you were armed.
    Individuals that do fugitive recovery work (1299 PC) without a PI license carry a firearm using CA penal code 26050 as justification. This penal code basically states a person can posses a firearm while making a lawful arrest. However they get in trouble if they do so while not in the immediate act of making an arrest. Sitting in a vehicle doing surveillance does not meet the requirements of 26050 PC which is confirmed in case Golt v. Signal Hill. So if the individual mentioned in this topic was not in the immediate act of an making an arrest of a bail fugitive then he was taking a big chance in doing so.

    The people I know in the business don't go around wearing black BDU's with bloused boots and a hoodie. So most likely a security guard out of uniform or a wannabee cop type fugitive recovery person.
    Last edited by Black Knife; 06-04-2016 at 10:38 PM.

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    Activist Member swinokur's Avatar
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    En Banc loss in Peruta.

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    Quote Originally Posted by swinokur View Post
    En Banc loss in Peruta.
    It's nice to provide a link when referencing something:
    http://forum.opencarry.org/forums/sh...90#post2192690
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    Activist Member swinokur's Avatar
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    i tried to upload the ruling, the file was too big.

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    Quote Originally Posted by swinokur View Post
    En Banc loss in Peruta.
    I am aware of this but what does that have to do with this thread?

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    Regular Member The Truth's Avatar
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    Thanks for taking the time to reply, fellas. I've got another 2 days in Vegas and I'll be back home sweet home to VA.

    I truly miss my pistols. Haha. I can't wait to get home and carry again.
    Sic semper evello mortem tyrannis.

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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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