Open Carry

CA_Libertarian · May 19, 2008

imported post

calmp9 wrote:

Hello all! This is my first post. California is not a traditional open carry state. You're going to run into all kinds of LE confrontations. Carrying a gun to school or in your car is illegal too.

Hello. Welcome. Your are correct that CA is not a traditional OC state. You're incorrect that we run into all kinds of LE confrontations (I've been carrying about once a week for almost a year with no such confrontation). You're correct that carrying a gun to school is illegal (unless you have a license to conceal). You're incorrect that carrying in your car is illegal.

Kudos. Being 50% right when you first arrive here is a good start! (No sarcasm intended here; it truly is better than most start off.) Hang around a while and enjoy the wealth of information we have available. Soon enough you'll be over the myths you've been duped into believing.

marshaul · May 20, 2008

imported post

CA_Libertarian wrote:

As for driving around with an unloaded firearm on your seat: sure you could. I wouldn't just because I don't want my gun falling off the seat and accidentally ending up under it (concealed weapon). Probably the best option is to keep it in a belt holster. Especially since 12025 specifically lists this method of carry as legal.

Don't forget, I've been OCing in Virginia for months now.

Obviously I wear a holster, but the reason I brought up the seat (specifically) is because in VA it is common practice to place your firearm on the passenger seat or dash in the event of a traffic stop, especially if you aren't driving a pickup with a bench seat.

So I figured I would do the same here.

I forgot about 12025. Thanks.

schizrade · May 30, 2008

imported post

popjohnson wrote:

I am really considering open carry. I have a lot of instances recently that force me to carry a pistol. I have no sort of record and i want to keep it that way. About a month ago I was shot, and I decided that I am gonna have to catch a felony before I become someone else's victim. I have a registered pistol so I am ok on that aspect. Primarily i'm looking to carry in the morning and night time when I am going to work and to school. I understand that open carry isn't prohibited in California. I know that I will have to explain myself to a LEO with in a weeks time so I want to be well prepared. I need some insight and some good legal references to forward and to keep handy. Also how does the open carry apply in the car. To the best of my knowledge we can't have a gun in the car unless we are on our way hunting or to a range and it has to be locked and the ammo has to be stored else where, but i have read different accounts please clarify.

Best advice for you? Get out of Richmond if you can.

LOW2000 · May 30, 2008

imported post

marshaul wrote:

Basically, I can OC anywhere as long as it's A: not loaded and B: locked in a case while I'm in a school zone. This is my current understanding.

Can we get a clarification/confirmation with this statement? I am also of the understanding that I can open carry my Glock 19, unloaded, with an openly carried loaded magazine anywhere, anytime (including a restaurant or bar)either in a vehicle or on foot as long as I am not in a post office, city hall, police station, library (etc etc govt public buildings) or within 1000 feet of a K-12 school.

CA_Libertarian · May 30, 2008

imported post

LOW2000 wrote:

...I am also of the understanding that I can open carry my Glock 19, unloaded, with an openly carried loaded magazine anywhere, anytime (including a restaurant or bar)either in a vehicle or on foot as long as I am not in a post office, city hall, police station, library (etc etc govt public buildings) or within 1000 feet of a K-12 school.

Pretty much. Of course there's some other stuff you gotta worry about. Public and private college/university campuses are covered by the 'gun free school zone act' (but the 1,000' rule only applies to K-12). Also, localities can prohibit firearm possession on publicly owned land. While state law makes it a crime to carry in the building, it is possible your city/county could charge you for carrying on premises outside a building (on county fair grounds, for example).

ConditionThree · May 30, 2008

imported post

LOW2000 wrote:

marshaul wrote:

Basically, I can OC anywhere as long as it's A: not loaded and B: locked in a case while I'm in a school zone. This is my current understanding.

Click to expand...

Can we get a clarification/confirmation with this statement? I am also of the understanding that I can open carry my Glock 19, unloaded, with an openly carried loaded magazine anywhere, anytime (including a restaurant or bar)either in a vehicle or on foot as long as I am not in a post office, city hall, police station, library (etc etc govt public buildings) or within 1000 feet of a K-12 school.

171 (b) Weapons in public buildings a no-no.

374 (c) as pertains to 12031 (f) Roadways a no-no for loaded weapons.

415 (a) (2) Exhibiting firearm in rude, angry or threatening way=Brandishing

626.9 (c) (1) and (2) Private property and unloaded, cased and locked up exceptions.

12025 (f)Openly carriedis not concealed

12031 (f) Discharge prohibited=prohibited area.

12031 (g) Ammo attached in a position to fire is loaded.

CCR Title 14, Div 3, Chap 1, ss 4313 (a) No weapons in State Parks.

36 CFR 2.4 (a) No weapons in National Parks

39 CFR 232.1 (l) No weapons on postal property.

People v. Hale (1974) 43 Cal. App.3d 353,356 Concealed magazine=concealed weapon.

Fine Print;Not valid in any other State, local restrictions may apply, YMMV, desemination of information is not to be construed as legal advice...yada yada yada...

"Confirmation" usually requires either an act of faith or a well-paid attorney to do your homework for you. Please oh, please research this before taking our word for it.

cato · May 31, 2008

imported post

ConditionThree wrote:

Fine Print;Not valid in any other State, local restrictions may apply, YMMV, desemination of information is not to be construed as legal advice...yada yada yada...

Best post yet!!! You've out done yourself and I'm R-ingOFLing :lol:

Citizen Al · Jun 7, 2008

imported post

I have a question about unincorporated areas? I live in Unincorported Whittier in LA county. Does this mean i can open carry as long as i do not have a loaded magazine in my weapon?

ConditionThree · Jun 7, 2008

imported post

Citizen Al wrote:

I have a question about unincorporated areas? I live in UnincorporAted Whittier in LA county. Does this mean i can open carry as long as i do not have a loaded magazine in my weapon?

Short answer; Yes. In some areas, it could be loaded.

Long answer: It depends. Are you knowingly within 1000 feet of a school? Are you on school or university property? Are you on 'postal property'? Are you in a National Park? Are you in a State Park? Are you on a public road or highway? Are you in a motor vehicle? Are you a convicted felon? Are you a criminal gangmember? Are you commiting a felony? Are you in a 'public building'? And most importantly, are there any local ordinances that regulate weapons possession in the area in which you are carrying?

This is why its kind of important to research the subject- the easy way out is to either assume it is illegal for the number of restrictions that must be overcome... which most gun owners do- or throw caution to the wind, and carry not being fully cognizant of what laws may govern your behavior.

CA_Libertarian · Jun 8, 2008

imported post

Citizen Al wrote:

I have a question about unincorporated areas? I live in Unincorported Whittier in LA county. Does this mean i can open carry as long as i do not have a loaded magazine in my weapon?

Incorporation has no bearing on open carry. It only affects if you can carry loaded. So, yes you can open carry unloaded as long as you avoid the various places guns are prohibited.

MudCamper · Jul 30, 2008

imported post

Sithara2007R wrote:

sri Lanka

Spam?

springfield man · Jul 30, 2008

imported post

ok here I go now , yes I'm new to the sight and yes I don't know everything . I have looked over the penal codes about open carry and I still have questions. I would like to be able to read Decoligny's posted handy field guide but my computer will not allow me to open it. I know I can oc (unloaded) but at the same time may I carry a loaded mag also (on ones person) open?

please help knowlege is power that is why I seak advice

thank you.

springfield man · Jul 30, 2008

imported post

it might help if I could spell(Knowledge ) sorry.

springfield man · Jul 30, 2008

imported post

I guess I should have looked at people v clark first.

Open Carry

CA_Libertarian

State Researcher

marshaul

Campaign Veteran

schizrade

Regular Member

LOW2000

New member

CA_Libertarian

State Researcher

ConditionThree

State Pioneer

cato

Newbie

Citizen Al

New member

ConditionThree

State Pioneer

CA_Libertarian

State Researcher

MudCamper

Founder's Club Member

springfield man

Regular Member

springfield man

Regular Member

springfield man

Regular Member