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Thread: Never received reply to my questions?

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    Rickster
    All handgun purchases in the State of California since 1991 have been registered in a computer database. LEO can run the serial number on your firearm and they will get the record of sale. If you violate 12025, and the firearm is not registered this way, there is a sentance enhancement - even if you bought the firearm legally before 1991. If the firearm is legally "registered" this way, the 12025 violation will be a misdemeanor.

    Mudcamper,

    Basically,Handgun"s bought before 1991 are not registered in a computerbase? Is this correct? Therefore how can you get an enhancement by buying the firearm through a private sale prior to 1989 -especially if you have a written receipt from the person that sold you the firearm and the owners originalpaperwork and sales slip? How would LEO know if its Registered or not because of the age of said firearm?By carrying a weapon bought like this really a violation of 12025? If so,Then does one have to go to a gunstore , with your original sales receipt and pay to get the firearm registered in your name some way?

    If your open carrying loaded, on a dirt trail in an unincorporated area (Mountains), and your not near a lake or public road, or on a prohibited are, while enguaged in Fishing ,then none of this should apply? Does the phrase Public Place mean a backpacking trail 12 miles away from any known roadin which you might encounter several people?

    12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.






    (f) As used in this section, "
    prohibited area" means any place where it is unlawful to discharge a weapon.







    374c Every person who shoots any firearm from or upon a public road or highway is guilty of a misdemeanor.







    Rickster
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    Posted: Mon Jun 30th, 2008 05:30 pm





    Rickster[/i]


    [/i]



    Does any body have any further information?



  2. #2
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    Huh?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
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    About the Laws concerning a private sale of a handgun before 1989.



    What constitutes a Public Place?

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    Founder's Club Member MudCamper's Avatar
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    Rickster wrote:
    About the Laws concerning a private sale of a handgun before 1989.



    What constitutes a Public Place?
    Seems you are confusing many different topics. There is nothing related between handgun purchases made before 1989 and the phrase "public place".

    In reference to 12031 (which makes carrying loaded illegal), public place means not private property.

    The other discussion about lack of "registration" (pre-91 purchase) has to do with 12025, which is carrying concealed which is an entirely different subject.



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    Rickster wrote:
    About the Laws concerning a private sale of a handgun before 1989.

    What constitutes a Public Place?
    Oh.

    No answer most likely means the actual viewers didn't know.

    You might try sending a private message to some of the CA guys.

    CA_Libertarian and Cato are two that come to mind as CA residents. If they don't know they may be able to tell you where to look.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  6. #6
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    There is much i still need to know but that is why im asking these questions?

    I definately want to open carry (not in my hometown of Fresno,California)When i Hunt,Hike and Fish ! If i get stopped i want to be able to correctly present the facts .

    I feel that most California Law Abiding citazins want to practise thereRights-They just havent been taught or Educated enough to know what they can and cannot do.Like what others said,The police wont tell you the Laws and in Fact many Police dont exactly know what they are themselves.Maybe open carrry Laws in Califonia should be Updated in Californian Police Training ?

    In my own personal opinion,Reading material is Great and learning the Laws, But following An Individual or Group who has the Experiance makes things a lot easier,Especially when it comes with Local Knowledge and Know How.There is a much more Powerfull Resource to tap into!









  7. #7
    Founder's Club Member MudCamper's Avatar
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    Rickster wrote:
    I definately want to open carry (not in my hometown of Fresno,California)When i Hunt,Hike and Fish ! If i get stopped i want to be able to correctly present the facts .

    Well while you are hunting or fishing you can actually carry concealed if you want. Read PC 12027 (e) or (f) I think. But still not loaded unless actually in unprohibited areas of unincoporated territory.



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    I think he was curious if carrying a concealed firearm while fishing/hunting, that had NO registration info would result in a felony enhancement.

    like a firearm that was private party transfer prior to all firearms tranfers having to be DROS'd by a dealer.

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    Bingo!

  10. #10
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    I found this to be interesting though,

    "There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer."

    here is my citation:
    http://ag.ca.gov/firearms/pubfaqs.php#25

    does this mean there is NO requirement for registration as long as it is not a personally imported handgun.

  11. #11
    Founder's Club Member MudCamper's Avatar
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    deadbattery wrote:
    I think he was curious if carrying a concealed firearm while fishing/hunting, that had NO registration info would result in a felony enhancement.

    like a firearm that was private party transfer prior to all firearms tranfers having to be DROS'd by a dealer.
    If you are hunting or fishing, then you qualify for the 12027 exemption from 12025, so you are not in violation of 12025, so how could your sentance for a 12025 violation be enhanced. It could not.

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    Founder's Club Member MudCamper's Avatar
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    deadbattery wrote:
    does this mean there is NO requirement for registration as long as it is not a personally imported handgun.
    There is no requirement for registration of any handguns in California. But all handguns purchased after 1991 are automatically registered. And if you break the law, and violate 12025, and carry a handgun concealed, illegally, then, if the handgun is also not registered this way, you will receive a sentance enhancement.

    This isn't rocket science. Just don't break the law in the first place.



  13. #13
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    Thank you for your information.



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