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Open carry in your car

Decoligny

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

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
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

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...
 

arms_libertas

Regular Member
Joined
Nov 25, 2007
Messages
66
Location
Seattle (Ballard), Washington, USA
imported post

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
 

cato

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

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.
 

teemgreen99

Regular Member
Joined
Sep 6, 2010
Messages
72
Location
Orange County, California
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...
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
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.
 

Iopencarry

Regular Member
Joined
Mar 9, 2010
Messages
637
Location
Oakley, California, United States
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 turd 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:

Gooelf

Regular Member
Joined
Aug 16, 2010
Messages
44
Location
California
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 turd 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.
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
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.
 

Army

Regular Member
Joined
Mar 19, 2008
Messages
289
Location
San Luis Obispo, California, USA
**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.
 

teemgreen99

Regular Member
Joined
Sep 6, 2010
Messages
72
Location
Orange County, California
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
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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) ...
 
Joined
Sep 8, 2010
Messages
3
Location
Bakersfield, CA
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?
 

teemgreen99

Regular Member
Joined
Sep 6, 2010
Messages
72
Location
Orange County, California
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
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
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.
 
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