where NOT to OC???

KandyRedCoi · Feb 28, 2009

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...a lot of members here always says to check the rules, and ask a lot of questions, i pretty much understand the laws and rules, and will check into my county/city as far as local laws as well, maybe even make my local PD aware of the Open Carry Laws of CA

but my main question is other than of course schools...what other places am i not to UOC with in 1000'feet????

also can someone breakdown how we can or cant UOC while driving a car?

reason i ask is of course while driving, which i do a lot of, i may encounter schools and other establishments that dont allow any UOC, so i would love to plan a route where i will NOT encounter any of these places, and if i really have to i will know better not to UOC while going by those areas

thank you again

cato · Mar 1, 2009

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This generally covers all the "no go" places in Ca: californiaopencarry.org

I think one that we are missing is the "can't wear a mask and possess a firearm" law unless you're a cop.

click on the The California Open Carry Pamphlet too

There is no difference in Ca. for being on "foot" or in a vehicle as long as the firearm carried is not concealed.

CA_Libertarian · Mar 1, 2009

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KandyRedCoi wrote:

...but my main question is other than of course schools...what other places am i not to UOC with in 1000'feet????

the 1000 foot 'gun free zone' only applies to places you should reasonably know are schools teaching and of the grades K-12. This includes private schools, and potentially home-schooling. However, the DA would have to prove to the jury that you knew or reasonably should have known the school was there. The reasonable knowledge part is very important. While I encourage knowing the area you carry in, don't spend an inordinate amount of time on Google Earth trying to map every single school in your area.

Other than that, stay off any public or private college campus, but feel free to carry on the other side of the street.

ETA: As for informing local LE, I think the California Police Officer's Association memo is a good way to do that. Just forward it with a brief note, like: "I just wanted to make sure my local police department got this memo. I'd hate to see the department (which my tax dollars support) create any unnecessary liabilities."

KandyRedCoi · Mar 1, 2009

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ok cool, u guys are quick to respond,

in what manner is having a gun in your car that is NOT considered concealed?

thank you

Army · Mar 1, 2009

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Not concealed, means no part of the firearm has been covered in such a manner as to hide or not be readily identifiable as a firearm.

You can legally transport a handgun on the dashboard, as long as it is unloaded.

The law only concerns when the handgun is actually concealed or hidden from view. To conceal it legally in a vehicle, you must use a lockable container.

These laws do not apply to longarms.

FMCDH · Mar 1, 2009

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If you got one, and are really concerned about the 1000ft rule (and you should be) use a GPS that has a database of public schools.

I kept my gun locked up while in the car, and only took it out when my GPS confirmed I was outside the 1000ft zone.

See my recount of my recent trip to Anaheim in Orange County back in Feb.
http://opencarry.mywowbb.com/forum12/21113.html

KandyRedCoi · Mar 1, 2009

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ok heres a scenario:

while driving on the freeway away from gun free zones, i get pulled over by a CHP officer, he see's a Glock 30 on my shotgun seat completely visible, and its unloaded, but the fully loaded 10rd magazine is sitting right next to it on the seat...what happens next?

another scenario...im driving in a new to me city, while i UOC, then i spot a school...what do i do next???

cato · Mar 1, 2009

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KandyRedCoi wrote:

ok heres a scenario:

while driving on the freeway away from gun free zones, i get pulled over by a CHP officer, he see's a Glock 30 on my shotgun seat completely visible, and its unloaded, but the fully loaded 10rd magazine is sitting right next to it on the seat...what happens next?

another scenario...im driving in a new to me city, while i UOC, then i spot a school...what do i do next???

Well, I assume he pulled you over for a vehicle code violation so you are detained lawfully. Unless he is up on UOC and sees you as no threat expect him to call for back-up and ask a lot of questions after securing you and checking the firearm pursuant to 12031e PC.

You should be able to discuss the laws and have the penal code sections and case law memorized. Study up at californiaopencarry.org then study up some more...

And have brochures, training memos, and a tape recorder running.

another scenario...im driving in a new to me city, while i UOC, then i spot a school...what do i do next???

lock it up and don't rat on yourself

God Bless Our Constitution and those who defend it against all enemies foreign and DOMESTIC!

FMCDH · Mar 1, 2009

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cato wrote:

KandyRedCoi wrote:

another scenario...im driving in a new to me city, while i UOC, then i spot a school...what do i do next???

Click to expand...

lock it up and don't rat on yourself

((Facepalm)) :quirky

KandyRedCoi · Mar 1, 2009

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gotcha! i just finished reading the link for the 2nd time, while clicking on all the links provided on said website...it really has great info

honestly tho, it seems like a lot of work just so we can open carry, and the risk is a bit high, even tho you are legally doing it

FMCDH · Mar 1, 2009

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KandyRedCoi wrote:

honestly tho, it seems like a lot of work just so we can open carry, and the risk is a bit high, even tho you are legally doing it

Your not a kidding!

I spent a solid week studying up before I ever went to Ca.

Half the time I was there I was hoping to get falsely arrested just so I could sick military legal on them, the other half I was hoping I wouldn't so I didn't have the spend all my leave and thousands of dollars out of my own pocket to be a case study.

O well, mabey next time.

cato · Mar 1, 2009

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KandyRedCoi wrote:

gotcha! i just finished reading the link for the 2nd time, while clicking on all the links provided on said website...it really has great info

honestly tho, it seems like a lot of work just so we can open carry, and the risk is a bit high, even tho you are legally doing it

Yes, this is not yet for everyone, only those who take the time to put the odds in their favor and who wish to toe the line for our Human Right of Self Defense in the face of unconstitutional laws.

art work by oleg volk

KandyRedCoi · Mar 1, 2009

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love the pic

then the debate comes up as to how carrying openly can protect you because if a BG was to see you carry unloaded, he can just get his illegally loaded and concealed weapon and go ahead and take yours???? or worse...

i know that there has been numerous discussions as to whether it is actually SAFER to open carry and i know every situation is different, but odds are against you most of the time...technically speaking (u get harassed by cops AND a BG can take full advantage of your unloaded weapon, to his illegally concealed and loaded weapon)

and i will be taking classes whether or not i decide to carry openly or not, its just something i think everyone gun owner should have is proper training

cheers!

FMCDH · Mar 1, 2009

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OC vs CC has been a hot debate on this board from day 1, and is covered infinitum in a plethora of other threads, so aside from saying that there is a time and place for each as far as I am concerned, that's all that I will say on the topic in this thread.

Now, Given that UOC is the ONLY option you realistically have in California besides not carrying a firearm at all, you have to personally weigh the costs and benefits.

On one side, you have your argument that there are no advantages against a BG who is targeting you. Pretty much true.

On the other you at least have an option that everyone else that isn't carrying a firearm doesn't, and that's to pull and load if SHTF and or if you can get to cover during pull and load.

Each has to decide for themselves. Personally, I will be bringing and carrying my pistol each and every time I go to California.

KandyRedCoi · Mar 1, 2009

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i agree, i just wanted to bring up that point, and was wondering if it was even beneficial for a regular law abiding citizen such as myself to OPEN carry when there are so many things going against it...than to just leave home with out it?

i am basically weighing things out, finding more 411, reading all the pamphlets, brochures and stories and taking a few firearms training classes, before i fully persue an UOC outing

maybe sooner or later we can have UOC meets here in LA, OC, RC counties

CA_Libertarian · Mar 2, 2009

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The whole 'bad guy targets person with gun' concept is pure FUD. It's the result of too much Hollywood writing and imaginative gun grabbers. I have yet to find one case where a lawfully armed citizen was taken by surprise and disarmed. To my knowledge, it simply doesn't happen.

Criminals are lazy - otherwise they'd have legit jobs! They don't want to mug an armed person for a gun. They want to mug the soccer mom that's mindlessly loading groceries into her $50,000 SUV. Stealing her credit cards, cash, and vehicle would bring in much more money than stealing a gun - and it's WAY less dangerous.

Further, the idea that an unloaded gun is no asset for SD is laughable. Not every attack against you will be instant and unpredicted. Even if it is, simply fleeing to cover can buy you the two seconds you need to load up.

FMCDH · Mar 2, 2009

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+1

Well said and agreed.

KandyRedCoi · Mar 2, 2009

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very well said CA!

still have a hurdle, when a cop decides to give u a hard time and he/she doesnt know the open carry laws...???

FMCDH · Mar 2, 2009

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KandyRedCoi wrote:

very well said CA!

still have a hurdle, when a cop decides to give u a hard time and he/she doesnt know the open carry laws...???

You do your best to politely educate them, and if they violate your rights regardless of the law being on your side, you make them pay for it in a court of law to best of your abilities.

The only way change is ever made is with sweat and blood and tears. Hopefully, more your sweat and their tears and no so much blood.

Army · Mar 2, 2009

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KandyRedCoi wrote:

another scenario...im driving in a new to me city, while i UOC, then i spot a school...what do i do next???

You are not from this city or area, you have no REASONABLE knowledge of any school zones here. Even should you spot a school, you are already well within the 1000'. Keep driving and forget about it. The Police and/or prosecution must prove you knew about the school aforehand.

It's a crappy bit of law, with a big loophole.

where NOT to OC???

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