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Thread: Open carry in your car

  1. #1
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    So, can you open carry while driving a vehicle in California?

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    Regular Member Decoligny's Avatar
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    KS_to_CA wrote:
    So, can you open carry while driving a vehicle in California?
    Yes, as long as you take into account PC 626.9 and don't knowingly carry within 1000 feet of a K-12 school. So be prepared to lock your pistol in a case at a moments notice, like as soon as you see a "School Crossing" sign.

    It also has to be unloaded open carry, as it is illegal to discharge a firearm on or across any public road of highway in California (PC 374c). This makes all public roads in California "prohibited areas" according to PC 12031(f).

    Please read the Open Carry Pamphlet for more info on California Open Carry at:

    http://opencarry.mywowbb.com/forum12/8457.html

    You can find all of the California Penal Codes that I have referenced above at:

    http://www.leginfo.ca.gov/calaw.html



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    Decoligny wrote:
    It also has to be unloaded open carry, as it is illegal to discharge a firearm on or across any public road of highway in California (PC 374c). This makes all public roads in California "prohibited areas" according to PC 12031(f).
    I'll save us all some time on this one...

    Mike's gonna say: "current case law has shown this is not the case"

    then we argue over how easily that case law will be overturned and end up not changing anybody's mind on the issue

    ...there, now we can continue with the regularly scheduled topic...
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    Hi CA board-

    Ilive in Seattle, but grew up in Glenn County so I am often visiting (especially around the holidays). With respect to open carry within a vehicle, is there arequirementof visibility? If I wearmy holster @ the 4 o'clock position on my belt where the seat and arm rest (in the driver position) would block visibility would that be a problem? If yes, is a thigh rig the best bet so that there wouldn't be an issue?



    Thanks

    Arms_Libertas

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    arms_libertas wrote:
    Hi CA board-

    Ilive in Seattle, but grew up in Glenn County so I am often visiting (especially around the holidays). With respect to open carry within a vehicle, is there arequirementof visibility? If I wearmy holster @ the 4 o'clock position on my belt where the seat and arm rest (in the driver position) would block visibility would that be a problem? If yes, is a thigh rig the best bet so that there wouldn't be an issue?



    Thanks

    Arms_Libertas
    The fine points have not been litigated. Keep it in plain view from the out side of the vehilce looking in.

    Legally a thigh rig would be safest but when on foot it would call a lot of attention to the carrier.

    And realize that you may be the first OCer a Leo has encounted if you have a chance meeting.

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    Regular Member teemgreen99's Avatar
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    very curious on this one...

    the way i understand it you can open carry in your vehicle just as if you were walking around however in my case i drive a lifted F-250 and if a LEO pulled me over and approached my truck he wouldnt even be able to tell if i had a shouldar holster on...

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    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by teemgreen99 View Post
    the way i understand it you can open carry in your vehicle just as if you were walking around however in my case i drive a lifted F-250 and if a LEO pulled me over and approached my truck he wouldnt even be able to tell if i had a shouldar holster on...
    Does that some how make it concealed according to 12025?
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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    Regular Member 1245A Defender's Avatar
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    holey necropost resurection barman!!!

    this thread is 2 years old!!
    but so far the answers are still spot on!
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    Quote Originally Posted by KS_to_CA View Post
    So, can you open carry while driving a vehicle in California?
    Yes, and it may be loaded while in unincorporated territories except where the County has banned all shooting.

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    I do not think you can have it loaded inside a vech. You may have the full mag in, but not one in the chamber.

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    Quote Originally Posted by Iopencarry View Post
    I do not think you can have it loaded inside a vech. You may have the full mag in, but not one in the chamber.
    Not true. The rules are the same on foot as in a vehicle. There is a Fish & Game code (FGC 2006) prohibiting rounds in the chamber for rifles and shotguns, but does not apply to handguns. Also, PC 374c which prohibits shooting from any road or highway, does not constitute a prohibited area under the meaning of PC 12031. There is an Attorney General memo on that issue as well as the case of People v. Knight. If the county has not designated that unincorporated area a no-discharge area, then it is lawful to carry a loaded handgun in a vehicle on a road.
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    You might not think so, but I know that you had better not chamber around in your center fire hang gun during hunting season.

    It is legal to hunt in CA with a hang gun. If you have a round in the chamber inside the vech, the game wardens WILL site. They may also take the gun.

    All this on BLM or National/State forest.


    not trying to be a **** about it or anything, but just giving people a heads up. We get load checked all the time while hunting. Both the rifle and the hand gun.
    Last edited by Iopencarry; 09-08-2010 at 10:13 PM.

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    Quote Originally Posted by Iopencarry View Post
    You might not think so, but I know that you had better not chamber around in your center fire hang gun during hunting season.

    It is legal to hunt in CA with a hang gun. If you have a round in the chamber inside the vech, the game wardens WILL site. They may also take the gun.

    All this on BLM or National/State forest.


    not trying to be a **** about it or anything, but just giving people a heads up. We get load checked all the time while hunting. Both the rifle and the hand gun.
    **The following is not factual**

    Personally, in my opion this is all bull.I believe a car, just like any RV, should be considered a second home for purposes of determining applicable firearm codes. Firing a firearm from your vehicle could still be regulated (to prevent people from using it as a loop hole to firing from a road) but otherwise it's your home away from home. But I guess that's my opinion.

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    Regular Member wewd's Avatar
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    Please cite the Fish & Game code that you claim the wardens will be enforcing on a loaded handgun in a vehicle.

    California Fish and Game Code 2006:

    It is unlawful to possess a loaded rifle or shotgun in any
    vehicle or conveyance or its attachments which is standing on or
    along or is being driven on or along any public highway or other way
    open to the public.
    A rifle or shotgun shall be deemed to be loaded for the purposes
    of this section when there is an unexpended cartridge or shell in the
    firing chamber but not when the only cartridges or shells are in the
    magazine.
    The provisions of this section shall not apply to peace officers
    or members of the armed forces of this State or the United States,
    while on duty or going to or returning from duty.
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    Quote Originally Posted by Gooelf View Post
    **The following is not factual**

    Personally, in my opion this is all bull.I believe a car, just like any RV, should be considered a second home for purposes of determining applicable firearm codes. Firing a firearm from your vehicle could still be regulated (to prevent people from using it as a loop hole to firing from a road) but otherwise it's your home away from home. But I guess that's my opinion.
    Laws do not mention "cars" or "RV's", they cite "vehicle or conveyance". While fully legal to have a loaded sidearm in a vehicle WHILE CAMPING, it is not legal to have it loaded while driving around....regardless if you are living in it due to, say, financial difficulties.

    A campsite is considered a temporary "home", and all laws are applicable same as an actual house.

    Big caveat is if it is legal to discharge a firearm in that particular area. Normally, hunting and camping is done in areas where it is legal to shoot, so loaded carry is legal in most circumstances. As noted above, Fish & Game cite rifles and shotguns loaded status.

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    Regular Member teemgreen99's Avatar
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    not sure

    CONDITIONTHREE
    not real sure if that makes it concealed, i would say no since it is not my intent to conceal and whether they see it or not i am not actually concealing it being i am carrying in accordance with the laws. further more my truck is high but does not exceed the hight requirment but i would not be surprised if a LEO tried to get me for concealed weapon

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    Regular Member mjones's Avatar
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    PC 12025(f) "Firearms carried openly in belt holsters are not concealed within the meaning of this section."

    If its 1) in a holster, 2) on your belt, 3) in the open (not covered by clothing) ...

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    Open Carry in Car question

    Open Carry in car in CA
    As far as I understand, you can open carry in a car with the magazines loaded but separate from the gun. They have to be visible however. I had a friend say that you can open carry in a car but you can't have ammo accessible. In my research, I believe you can open carry and have ammo accessible, just not in the gun. Could someone clarify for me please?

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    Regular Member teemgreen99's Avatar
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    oh hell im movin to arizona

    to my knowledge and understanding of the law you can open carry in your vehicle as you would on foot...the problem that arrises is passing 1000 feet of a school especially if you are pulled over and within that 1000 feet. the question i posed is would my weapon be concealed if the door was in the way to see my open carried unloaded firearm due to my truck having a lift. at this point i think it would be up to LEO

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    Regular Member Gundude's Avatar
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    Quote Originally Posted by teemgreen99 View Post
    to my knowledge and understanding of the law you can open carry in your vehicle as you would on foot...the problem that arrises is passing 1000 feet of a school especially if you are pulled over and within that 1000 feet. the question i posed is would my weapon be concealed if the door was in the way to see my open carried unloaded firearm due to my truck having a lift. at this point i think it would be up to LEO
    Don't confuse concealed with "out of sight." If you stand behind a 5 ft wall UCOing, you are not carrying concealed.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  21. #21
    Regular Member teemgreen99's Avatar
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    agreed

    gundude i understand and agree with you completely just not sure if LEO will see it that way...one way to find out, keep carryin and wait for him to stop one of us i guess

  22. #22
    Regular Member Gundude's Avatar
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    I never UOC in my car. I lock up cuz I may pass a school without knowing. It's just not worth the risk. Call me cautious.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Regular Member JJ's Avatar
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    Lucc

    Quote Originally Posted by Gundude View Post
    I never UOC in my car. I lock up cuz I may pass a school without knowing. It's just not worth the risk. Call me cautious.

    I normally carry the same way, with my lock box (locked) on the passenger seat with the key in it, unless I'm sure the route will not take me past any schools. (which is rare)

  24. #24
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Gundude View Post
    Don't confuse concealed with "out of sight." If you stand behind a 5 ft wall UCOing, you are not carrying concealed.
    Gundude has it. And if you are sitting five feet off the ground, behind a door you are also not carrying concealed if your carry meets the definition in 12025(f).
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
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