imported post
I haven't open carried in a while and I'm planning a trip tomorrow. I was reviewing the PC and a couple of gears started turning. Please keep in mind that this will most likely result in your detention and I'm not yet willing to attempt it at the moment. I would also like to review the full case ruling (People vs. Clark). Please see my thoughts below.
So.. What are your thoughts on this line of thinking? I've just thrown this together fairy quickly and would have to review the complete ruling and speack to my legal counsel before ever attempting it.. I just thought I'd throw it out there to see what you all have to say.
-Roy
PS. whens the next meet?
I haven't open carried in a while and I'm planning a trip tomorrow. I was reviewing the PC and a couple of gears started turning. Please keep in mind that this will most likely result in your detention and I'm not yet willing to attempt it at the moment. I would also like to review the full case ruling (People vs. Clark). Please see my thoughts below.
PC12031(g) - Loaded firearm is defined as when there is an unexpended cartridge or shell in, or attached in any manny to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.
Open carry in condition 3 is considered loaded in regards to PC12031(g). On the other hand there is precedent case law stating that it is not loaded unless the ammunition is placed into a position from which it can be fired. Last I checked if a round isn't chambered it's not in a position to be fired.noted in People vs. Clark - "for a firearm to be loaded it must have ammunition "placed into a position from which it can be fired."
So.. What are your thoughts on this line of thinking? I've just thrown this together fairy quickly and would have to review the complete ruling and speack to my legal counsel before ever attempting it.. I just thought I'd throw it out there to see what you all have to say.
-Roy
PS. whens the next meet?