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California Open Carry Flyer

KS_to_CA

Regular Member
Joined
Sep 27, 2008
Messages
443
Location
National City, CA, ,
imported post

cato wrote:
KS_to_CA wrote:suggested changes in red

maybe start a new thread to discuss your version?

I can't critique the whole thing right now but maybe in a few days.
This is what I am worried about:

Scenario: a person walking down the street has a pistol worn openly on their belt with a loaded magazine inserted into the pistol, but no round in the chamber. You run the firearm and there is a dealer record of sale to the suspect. Suspect has no criminal history. **misdemeanor violation of PC 12031.
 

MudCamper

Founder's Club Member
Joined
Sep 17, 2007
Messages
709
Location
Sebastopol, California, USA
imported post

KS_to_CA wrote:
This is what I am worried about:

Scenario: a person walking down the street has a pistol worn openly on their belt with a loaded magazine inserted into the pistol, but no round in the chamber. You run the firearm and there is a dealer record of sale to the suspect. Suspect has no criminal history. **misdemeanor violation of PC 12031.


Don't carry a loaded mag in the gun. That is a violation of 12031. It seems you are still not clear on that.
 

KS_to_CA

Regular Member
Joined
Sep 27, 2008
Messages
443
Location
National City, CA, ,
imported post

MudCamper wrote:
Don't carry a loaded mag in the gun. That is a violation of 12031. It seems you are still not clear on that.
Actually, that is how I understood this whole thing. What got me confused was the suggestions in red. Anyway, thank y'all for all the input.

Next is to put this to a test. First recipient is a friend. He's got his reservations. He works with the LEOs.

I had been OCing here in KS just to get used to the weigh and bulk on my hips in prep to moving to CA. Never had a problem here in KS. I normally have the G27 loaded with a 15 round mag (from a G22) sitting on the dash board or on the passenger seat of the car. Well, I never feel I need to bring it into any building before.

But I will start doing that now and then when I get to CA. I am still doubtful if I can get a CCW there. Both the sheriff and the trooper here are OK with that.
:celebrate:celebrate
 

Patrick

Regular Member
Joined
Jun 26, 2008
Messages
29
Location
Jackson, Michigan, USA
imported post

I live in Michigan and have a Concealed Pistol License. I will be visiting California in January and I am aware that California does not recognise this permit. However, if I am interpreting this forum correctly then I am completely legal if I:

Openly carry an unloaded pistol in a belt mounted holster on my right hip exposed and in plain sight.

Openly carry a belt-mounted magazine holder containing two fully loaded magazines (10 round capacity) on my left hip exposed and in plain sight.

I can do this anywhere in the state of California except:

In the passenger compartment of a motor vehicle in which case the pistol must be unloaded and locked in a separate container other than the glove box and preferrably the trunk, and other restricted areas as noted below.


[align=left]171 b,c,d
Cannot carry in any state or local public building or at any legislative meeting required to be open to the public. Cannot carry in the State Capitol, legislative offices, office of the Governor, Governor’s residence, etc.[/align]

[align=left]626.9
Cannot carry “in a place that the person knows, or reasonably should know” is within 1000 feet of a K-12 school. Cannot carry on the grounds of a university without written permission.[/align]

[align=left]36 CFR 2.4 (a)
Cannot carry in a National Park. However firearms may be possessed within a temporary lodging or vehicle when unloaded and “packed, cased or stored in a manner that will prevent their ready use.”[/align]

[align=left]CCR Title 14, Div 3, Chap 1, s 4313 (a)
Cannot carry in a State Park. However firearms may be possessed within temporary lodging or a vehicle when unloaded and “packed, cased, or stored in a manner that will prevent their ready use.”[/align]

[align=left]39 CFR 232.1 (l)
Cannot carry on U.S. Postal Service property.[/align]

[align=left]49 CFR 1540.111
and PC 171.5 Cannot carry in “sterile areas” (areas where access is controlled by security screening) of airports.[/align]

[align=left]Local Laws:
Cities and counties may have there own limits on possession or use of firearms. However these local laws cannot legally preempt State law. Contact your local government or local law enforcement agencies to determine what these limits may be.[/align]

[align=left]National Forest and BLM:
On these federal lands firearms are generally permitted, if carried and used in a safe manner, and if the users comply with state and county laws. Most of these lands qualify as “unincorporated territory”, but there are some restrictions on shooting (near structures, developed areas, roads, bodies of water) so 12031(f) applies in these areas. Check with your local ranger station for any other local restrictions.[/align]


I will be specifically visiting the areas of Hollywood, Pasadena, Saratoga, and possibly San Diego. Are there any "local laws or ordinances" I should know about in these areas? It is confusing to me that local counties or cities have can have laws or ordinances that place limits on the possession or use of firearms as noted in the above "exceptions" area under "Local Laws" it states that these local laws cannot legally pre-empt state law. Then it says to contact your local government or local law enforcement agencies to determine what these limits may be. But if they can't pre-empt then why does it matter? Please let me know if this is correct in a nutshell or if I should just leave my pistol and my rights in Michigan.

Thank you,

Patrick
 

flintlock tom

Anti-Saldana Freedom Fighter
Joined
Jun 13, 2008
Messages
405
Location
San Diego, California, USA
imported post

Patrick, It looks, to me, that you have it nailed.
As far as San Diego goes, the local PD is familiar with the Unloaded Open Carry laws and should not give you any trouble.
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
imported post

Patrick wrote:
I live in Michigan and have a Concealed Pistol License. I will be visiting California in January and I am aware that California does not recognise this permit. However, if I am interpreting this forum correctly then I am completely legal if I:

Openly carry an unloaded pistol in a belt mounted holster on my right hip exposed and in plain sight.

Openly carry a belt-mounted magazine holder containing two fully loaded magazines (10 round capacity) on my left hip exposed and in plain sight.

I can do this anywhere in the state of California except:

In the passenger compartment of a motor vehicle in which case the pistol must be unloaded and locked in a separate container other than the glove box and preferrably the trunk, and other restricted areas as noted below.


[align=left]171 b,c,d
Cannot carry in any state or local public building or at any legislative meeting required to be open to the public. Cannot carry in the State Capitol, legislative offices, office of the Governor, Governor’s residence, etc.[/align]
[align=left]626.9
Cannot carry “in a place that the person knows, or reasonably should know” is within 1000 feet of a K-12 school. Cannot carry on the grounds of a university without written permission.[/align]
[align=left]36 CFR 2.4 (a)
Cannot carry in a National Park. However firearms may be possessed within a temporary lodging or vehicle when unloaded and “packed, cased or stored in a manner that will prevent their ready use.”[/align]
[align=left]CCR Title 14, Div 3, Chap 1, s 4313 (a)
Cannot carry in a State Park. However firearms may be possessed within temporary lodging or a vehicle when unloaded and “packed, cased, or stored in a manner that will prevent their ready use.”[/align]
[align=left]39 CFR 232.1 (l)
Cannot carry on U.S. Postal Service property.[/align]
[align=left]49 CFR 1540.111
and PC 171.5 Cannot carry in “sterile areas” (areas where access is controlled by security screening) of airports.[/align]
[align=left]Local Laws:
Cities and counties may have there own limits on possession or use of firearms. However these local laws cannot legally preempt State law. Contact your local government or local law enforcement agencies to determine what these limits may be.[/align]
[align=left]National Forest and BLM:
On these federal lands firearms are generally permitted, if carried and used in a safe manner, and if the users comply with state and county laws. Most of these lands qualify as “unincorporated territory”, but there are some restrictions on shooting (near structures, developed areas, roads, bodies of water) so 12031(f) applies in these areas. Check with your local ranger station for any other local restrictions.[/align]I will be specifically visiting the areas of Hollywood, Pasadena, Saratoga, and possibly San Diego. Are there any "local laws or ordinances" I should know about in these areas? It is confusing to me that local counties or cities have can have laws or ordinances that place limits on the possession or use of firearms as noted in the above "exceptions" area under "Local Laws" it states that these local laws cannot legally pre-empt state law. Then it says to contact your local government or local law enforcement agencies to determine what these limits may be. But if they can't pre-empt then why does it matter? Please let me know if this is correct in a nutshell or if I should just leave my pistol and my rights in Michigan.

Thank you,

Patrick

Actually there is absoultely nothing in the Penal Code that makes it illegal to carry an unloaded firearm in a belt holster with full mags in holders while in a vehicle.

It can however be a pain in the keester to constantly be on the lookout for "School Zone" signs if you are on surface streets. You would then have to be ready to lock the gun into a secure container on a moments notice.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

Patrick wrote:
Openly carry an unloaded pistol in a belt mounted holster on my right hip exposed and in plain sight.

Openly carry a belt-mounted magazine holder containing two fully loaded magazines (10 round capacity) on my left hip exposed and in plain sight.

I can do this anywhere in the state of California except:

In the passenger compartment of a motor vehicle in which case the pistol must be unloaded and locked in a separate container other than the glove box and preferrably the trunk, and other restricted areas as noted below.

I too amnot aware of any ordinance that makes it necessary to lockup while in a vehicle unless you are in a school zone.
 

charliegcamp

New member
Joined
Dec 18, 2008
Messages
2
Location
, ,
imported post

Ive done a lot of reading and from my understanding is that I can open carry here in California w/loaded magazine as long as the magazine is not in the pistol frame and of course the is no cartridge in the chamber. Is that correct?
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
imported post

charliegcamp wrote:
Ive done a lot of reading and from my understanding is that I can open carry here in California w/loaded magazine as long as the magazine is not in the pistol frame and of course the is no cartridge in the chamber. Is that correct?

Read through the Flyer and Pamphlet. There are restricitons.

Be sure to know the laws, as it will not always be the case that every LEO you might encounter knows the law.
 

borninsd

New member
Joined
Dec 23, 2008
Messages
1
Location
, ,
imported post

flintlock tom wrote:
Patrick, It looks, to me, that you have it nailed.
As far as San Diego goes, the local PD is familiar with the Unloaded Open Carry laws and should not give you any trouble.

Whats up everyone!

I live in San Diego and I was wondering where i can find, on the internet or anywhere else, some open carry flyers. Also does anyone else have some experience OC'ing in SD, any specificinfo or storieson local PD would be useful.

thanks.
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
imported post

borninsd wrote:
flintlock tom wrote:
Patrick, It looks, to me, that you have it nailed.
As far as San Diego goes, the local PD is familiar with the Unloaded Open Carry laws and should not give you any trouble.

Whats up everyone!

I live in San Diego and I was wondering where i can find, on the internet or anywhere else, some open carry flyers. Also does anyone else have some experience OC'ing in SD, any specificinfo or storieson local PD would be useful.

thanks.
californiaopencarry.org
 
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