imported post
Robin47 wrote:
So I did a lot of reading, and have a question, concerning (PC 171e)
"Immediate Possession". That means no loaded magzine on your left hip, even though your UNLOADED Gun is on your right hip. So wheres the OC then ?
I couldn't find the "Is it loaded" Pamphlet, I did read the " California Open Carry".
And one other I found"California-Open Carry No license Required" this is where I found the PC-171e- and the "Immediate Possession", So is this section just
about the Govenors, and capital grounds and areas like that ? Or can the
"Immediate Possession" be used to arrest you if say your driving up into the
mountans in an Unincorporated area , and your unloaded, with a loaded magzine on
your left hip and the gun on your right hip ?
Im not trying to be difficult, I am just gathering Info !
I appreciate all the help I can get. I live in the biggest prison county in the free world Lassen, Ca. But I want to share the pamphlets with the local Gunsmithing class
at the College, and the gun shop in town, also might give it to the local Sheriff
and see what he thinks and It might educate him on our rights too. I use to hunt as a kid some 50 years ago around here and remember most pickup trucks had gun racks and rifles in them, now there are none.
Moved back here some 22 years ago and haven't see no OC-ers ever.
I do know a fellow named Don Bird, from Corning, Ca. who went to the 9th circut
court to have the right to Carry Openly, and was denied. The "Idea" of loaded or unloaded never came up in the Issue.
Im going to get in touch with him and tell him of the "Opencarry.org" site.
Well get back to me as you can and Thanks again ! Robin47
Is it Loaded?
http://opencarry.mywowbb.com/forum12/11495.html
171e applies to 171 c & d only - these sections deal with carrying a loaded firearm on State Capitol grounds, legislative offices, offices and residences of the Governor and other constitutional officers.
Below are the actual Penal Codes with the important parts in bold.
171c.
Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any such officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer, a member of the military forces of this state or the United States engaged in the performance of his duties, or a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4,
who brings a loaded firearm into, or possesses a loaded firearm within, the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, shall be punished by imprisonment in the county jail for a period of not more than one year, a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine, or by imprisonment in the state prison.
171d.
Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by that officer to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, the Governor or a member of his or her immediate family or a person acting with his or her permission
with respect to the Governor's Mansion or any other residence of the Governor, any other constitutional officer or a member of his or her immediate family or a person acting with his or her permission with respect to the officer's residence, or a Member of the Legislature or a member of his or her immediate family or a person acting with his or her permission with respect to the Member's residence, shall be punished by imprisonment in a county jail for not more than one year, by fine of not more than one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment in the state prison,
if he or
she does any of the following:
(a) Brings a loaded firearm into, or possesses a loaded firearm within, the Governor's Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.
(b) Brings a loaded firearm upon, or possesses a loaded firearm upon, the grounds of the Governor's Mansion or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.
171e. A firearm shall be deemed loaded for the purposes of Sections 171c and 171d whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person. In order to determine whether or not a firearm is loaded for the purpose of enforcing Section 171c or 171d, peace officers are authorized to examine any firearm carried by anyone on his person or in a vehicle while in any place or on the grounds of any place in or on which the possession of a loaded firearm is prohibited by Section 171c or 171d. Refusal to allow a peace officer to inspect a firearm pursuant to the provisions of this section constitutes probable cause for arrest for violation of Section 171c or 171d.