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Thread: Traveling to California. OC?

  1. #1
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    Sadly, I have to travel to Southern California on business, for a few days. I have been reading and participating in the California Forum, so that I am well educated on their laws. Here is what I know so far:

    1. It is legal in California to UOC (Unloaded Open Carry).

    (a. The Handgun must be completely unloaded, and attached to a belt holster, else it

    is considered "Concealed"

    (b. The full Magazine should be attached to your belt on the

    opposite side of your body, using something like a magazine pouch.

    (c. You may not UOC within 1000' of a k-12 school. (Big no-no)

    (d. No UOC in any Federal, State, or Local Government Buildings. Restaurants that

    serve Alcohol to be consumed on the premisis are ok to UOC.

    (e. No UOC in the sterile area of an Airport.

    (f. No UOC on the property of a public / private university w/o the permission of

    that university in writing.

    (g. LEO has the legal rightto inspect firearm to verify it is unloaded.

    2. Laws Relevent: PC12025, PC12031, PC171b, PC171e, PC171.5, PC626.9,

    PC626.95, PC12001(i)

    Here's the bottom line:

    1. It IS Legal to UOC in California under many restrictions.

    2. It IS NOT Legal to OC Loaded in California, unless you are not on a road, in a

    Rural area, in a County with a population under 200K (Good luck on this one).



    There are 2 ways I can look at all this:

    1. This is California we're talking about. LEO might detain and harass me for excercising my legal and constitutional right to OC. It's not worth it.

    2. It's my right to UOC in California. I am going to excersise that right, regardless of what the public and / or LEO thinks about it.

    What do you all think about this?




  2. #2
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    sounds like you know what your doing. just make sure you get yourself a good recorder before you go

  3. #3
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    Amen to that. I just purchased one with an enhanced microphone I can clip to the inside of my shirt collar. In California, you can not legally record a phone call w/o informing BOTH parties involved, however, you can covertly record a converstaion in a public place, since there can be no reasonable expectation of privacy. There is some case law in California to support this.

  4. #4
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    Wouldn't push it but 1C should be knowingly UOC in the school zone,
    with out of state id, you might be able to stick with that one.
    But you may have plenty of time on your hands waiting for the chance
    for them to proove you know where the school zones are.
    Your best defence might be to FOI the drop outs in the area to prove
    the is no teaching going on within miles of your location.
    Just juvy detention facilities.


  5. #5
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    UPDATE:

    Just got back from CA. I UOC'd in my car with no issues. I OC'd at a couple gas stations in CA with no issues; a couple strange looks, that's all. All in all, a good trip.

  6. #6
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    They most likely thought you were a cop. That's what I thought when I was living in CA. whenever I saw someone with a gun.

  7. #7
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    usdm419 wrote:
    They most likely thought you were a cop. That's what I thought when I was living in CA. whenever I saw someone with a gun.
    over on calguns.net is a thread about a guy busted for UOC, its costing him big time.
    After Nordyke comes in it will be different, I would say do not open carry in CA untill then

  8. #8
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    The guy over on calguns.net (Theseus) was wrongfully charged with violating the 1000 ft. school zone rule. He has always been very careful to know where he was at all times in relation to schools, and was actually charged, if I remember correctly, with violating the 1000 ft. zone by OCing in his own front yard! AND the cops came out and measured it and he was outside the 1000 ft.. But they're still prosecuting. He's getting some tremendous support from other OCers and getting donations for his legal defence, he has the best gun law attorney in CA.

    Just goes to show how you can obey the law to a T and still be persecuted. I say: OPEN CARRY AND LET THEM KNOW WE WON'T BE IGNORED AND HARRASSED!

    That said, good luck to you all in AZ, and CA if you're traveling there, and give a prayer for Theseus, if he wins, we all win.

    God bless!

  9. #9
    Regular Member Sonora Rebel's Avatar
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    I believe magazines have to be in open topped holders... not closed pouches also. I have a pair of those types for that possibility.

    That said... the only way I'm crossin' the Colorado into Kommiefornia is in the trunk of some kidnappers car.

  10. #10
    Regular Member Decoligny's Avatar
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    Recovering Californian wrote:
    Sadly, I have to travel to Southern California on business, for a few days. I have been reading and participating in the California Forum, so that I am well educated on their laws. Here is what I know so far:

    1. It is legal in California to UOC (Unloaded Open Carry).

    (a. The Handgun must be completely unloaded, and attached to a belt holster, else itis considered "Concealed"
    The holster attached to the belt is only an example in the PC of what isn't considered concealed. It is not the only option. A drop thigh rig isn't concealed. A shoulder holster, as long as there is no shirt or jacket over it is not concealed.
    (b. The full Magazine should be attached to your belt on theopposite side of your body, using something like a magazine pouch.
    It doesn't have to be on the opposite side of the body. You can have a holster with a magazine pouch attached to it. If the magazine isn't inserted into the magazine well, it isn't considered loaded.
    (c. You may not UOC within 1000' of a k-12 school. (Big no-no)
    Correct.
    (d. No UOC in any Federal, State, or Local Government Buildings. Restaurants that serve Alcohol to be consumed on the premisis are ok to UOC.
    Correct.
    (e. No UOC in the sterile area of an Airport.
    Correct.
    (f. No UOC on the property of a public / private university w/o the permission ofthat university in writing.
    Correct.
    (g. LEO has the legal rightto inspect firearm to verify it is unloaded.
    Correct.
    2. Laws Relevent: PC12025, PC12031, PC171b, PC171e, PC171.5, PC626.9,
    PC626.95, PC12001(i)

    Here's the bottom line:

    1. It IS Legal to UOC in California under many restrictions.

    2. It IS NOT Legal to OC Loaded in California, unless you are not on a road, in a
    Rural area, in a County with a population under 200K (Good luck on this one).
    2. It IS NOT Legal to OC Loaded in California, unless you are not on a road, in an unincorporated are area, where discharge of a firearm is not prohibited by law. The 200,000 population limit only applies to getting an "Open Carry Permit" which is a virtual impossibility (no known cases).
    There are 2 ways I can look at all this:

    1. This is California we're talking about. LEO might detain and harass me for excercising my legal and constitutional right to OC. It's not worth it.

    2. It's my right to UOC in California. I am going to excersise that right, regardless of what the public and / or LEO thinks about it.

    What do you all think about this?
    I prefer the second option. The LEOs in California are becoming more and more familiar with UOC and the Chief LEOs of several of the larger counties have actually put out training bulletins about the legallity of UOC. They are available in the California forum. Print them out, and print out the Open Carry pamphlets and flyers, and go for it.

  11. #11
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    Thank you Decolignyfor your explanation! I must admit, it was a bit nerve-racking UOC'ing in California, but I'm glad I did. I don't think twice about it here in Arizona, since we are such a gun-friendly state. There have been a couple really good job offers for me in California, but I refuse to move back due to their horrible gun laws, and insane taxes. I really hope the OC movement catches fire there like it has here.

  12. #12
    Regular Member Sonora Rebel's Avatar
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    Open carrying never 'caught fire' here... The flame never went out. Burns lower than it used to... but never extinguished and 'relit'.

  13. #13
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    Touche, Sonora

  14. #14
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    Well maybe when they go belly up next year and the crowds start burning the capital
    they will re-think there stand and allow law abiding citizens to protect the state.

    If not, then hope Mexico changes it's gun policies when they take over.




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