CA_Libertarian
State Researcher
imported post
I'm considering OC in an incorporated area, namely the City of Turlock. I just wanted to air my thoughts to your scrutiny to see if I missed something. I would like to restrict this thread to Open Carry (since CCWs are nearly impossible to get).
Disclaimer: This is not intended to serve as reference or legal advice. I'm not a lawyer, and don't guarantee this information to be 100% accurate.
After reading up on the pertinent sections of the CA Penal Code, this is what I gather:
Incorporated areas
- Illegal to possess a firearm with ammunition loaded or attached in some way (i.e. magazine in magazine well)
- Legal to possess a loaded firearm when directly en route to effect a lawful arrest (including citizens arrest).
- Legal to posses a loaded firearm when an immediate, grave threat exists, and only if you immediately inform the local law enforcement agency.
- Possession of a loaded weapon is a misdemeanor.
- If you commit any other crime, possession of an unloaded firearm becomes a misdemeaner or felony, depending on the circumstances.
- LEOs can detain you for inspection of your firearm without warrent to determine that it is not loaded.
- LEOs can arrest you for possession of a loaded firearm if they have reason to believe your firearm was loaded at some point, even if they did not directly witness this. (I assume this means a non-LEO witness is sufficient evidence.)
Unicorporated areas:
- Legal to carry a loaded firearm UNLESS the county has a statute prohibiting such.
- May be illegal to carry a loaded weapon on a public road in an unincorporated area.
Private Property:
- Legal to carry, openly or concealed, a loaded weapon so long as you have legal possession of the firearm and you are on the premises legally (by ownership, possession (e.g. leased property), or permission of owner/possessor).
The best I can understand the Penal Code, it is not illegal to openly carry an unloaded firarm and ammunition on your person. I believe a magazine with ammunition in it cannot be concealed, so this would probably have to be worn openly too.
My idea is to have both on my belt. So, if a situation arises, I could quickly load my weapon. Not nearly as fast/safe as already being loaded, but it's the only legal way.
<EDIT: Revised some OC law observations>
I'm considering OC in an incorporated area, namely the City of Turlock. I just wanted to air my thoughts to your scrutiny to see if I missed something. I would like to restrict this thread to Open Carry (since CCWs are nearly impossible to get).
Disclaimer: This is not intended to serve as reference or legal advice. I'm not a lawyer, and don't guarantee this information to be 100% accurate.
After reading up on the pertinent sections of the CA Penal Code, this is what I gather:
Incorporated areas
- Illegal to possess a firearm with ammunition loaded or attached in some way (i.e. magazine in magazine well)
- Legal to possess a loaded firearm when directly en route to effect a lawful arrest (including citizens arrest).
- Legal to posses a loaded firearm when an immediate, grave threat exists, and only if you immediately inform the local law enforcement agency.
- Possession of a loaded weapon is a misdemeanor.
- If you commit any other crime, possession of an unloaded firearm becomes a misdemeaner or felony, depending on the circumstances.
- LEOs can detain you for inspection of your firearm without warrent to determine that it is not loaded.
- LEOs can arrest you for possession of a loaded firearm if they have reason to believe your firearm was loaded at some point, even if they did not directly witness this. (I assume this means a non-LEO witness is sufficient evidence.)
Unicorporated areas:
- Legal to carry a loaded firearm UNLESS the county has a statute prohibiting such.
- May be illegal to carry a loaded weapon on a public road in an unincorporated area.
Private Property:
- Legal to carry, openly or concealed, a loaded weapon so long as you have legal possession of the firearm and you are on the premises legally (by ownership, possession (e.g. leased property), or permission of owner/possessor).
The best I can understand the Penal Code, it is not illegal to openly carry an unloaded firarm and ammunition on your person. I believe a magazine with ammunition in it cannot be concealed, so this would probably have to be worn openly too.
My idea is to have both on my belt. So, if a situation arises, I could quickly load my weapon. Not nearly as fast/safe as already being loaded, but it's the only legal way.
<EDIT: Revised some OC law observations>