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Thread: Questions

  1. #1
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    Well i turned 18 finally and I want the full scoop on open carry for someone my age. I've been shooting for as long as I can remember and have been lurking on this forum for about a week so here goes:

    1. Since I can't buy a handgun or ammo, can i be arrested for open carrying? (the ammo is bought by my father and the S&W model 10 is an inheritance)
    2. How can I legally store my gun or OC in a vehicle?
    3. Is it legal to carry my gun in my holster unloaded but with a speedloader in my pocket?
    4. Is there any paperwork I need to do before I can OC?
    5. I want to take a gun safety course designed for people who CC or OC. Are there any in the SF bay area?

    Thanks for your time

  2. #2
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    1. yes you can.
    2. i leave my firearm on my passenger seat or on the dash and have a lockbox ready to put my firearm in just in case I wind up within 1000 feet of a school zone.
    3.yes it is. since a speedloader is not a part of the firearm it does not have to be carried openly. i personally leave mine in my front shirt pocket.
    4.no, but you should print and carry the OC fliers found under the california forum and carry them at all times and also carry the CPOA and any other fliers sent to PD's around the state. they can either be found here or californiaopencarry.org
    5.i dont know


    californiaopencarry.org will answer most questions and you can use them as a resource along with this forum for any questions you may have.
    WELCOME TO THE FORUM!

  3. #3
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    thanks but it all seems like a moot point if I'm going to be arrested for OC doesn't it? Or am I misunderstanding...

  4. #4
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    you could possibly be falsely arrested for UOC. one thing that i forgot to mention was to always keep a voice recorder handy and ready to record. make sure it is nowhere near your firearm. make sure you have savings or some kind of money to ensure a good lawyer in the case that you are falsley arrested. read and memorize all the laws and be prepared to cite the laws because it seems that too many officers are misinformed.

  5. #5
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    alright thanks for the tips, friend

  6. #6
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    It has been vocalized on Calguns.net by some of the higher-ups that UOC at this time is not an insignificant undertaking and should only be done with 10k (expendable) in the bank for bail and attorney's fees.

    Not to sound all doom and gloom but that's the breaks.

  7. #7
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    If you seriously want to open carry, first you need to know the laws. That means, going to [www.californiaopencarry.org]this webste[/url] and reading everthing there. Then, read the applicable penal code sections and case law. You are the only person responsible for knowing and understanding the rules we have to play by.

    Now, reading the penal code and case law will undoubtedly confound you in ways you can't imagine. Before you post a question, use the search function. We've covered most the bases at least once. If you don't find it, feel free to create a new thread and ask a question.

    (Keep in mind that some of the police memos have incorrect info - it's important to realize the misconceptions out there. If something doesn't jive, reread the penal code and case law for clarification.)

    As others have pointed out, the common advice is to not be an activist if you can't afford it.

    My advice is: don't be an activist unless you know and are willing to deal with the consequences. Cash or liberty. If you don't have $5k-10k lying around, be prepared to be poorly represented by a public defender, possibly spend time in jail, and possibly lose your gun rights.
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  8. #8
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    ah well it seems the safest place to OC would be an OC 'outing' or event in the area where I wouldn't be the only one.

  9. #9
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    when you feel comfortable with your knowledge of the laws, and you are ready to UOC do it. If you would like to meet up with more experienced members first, kind of the strength in numbers deal, find an OC dinner or meet and greet someone is planning and attend, whether you are carrying or not. just make sure that you are completely aware of what can happen while you are UOC and do not carry until you are mentally and financially ready.

  10. #10
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    I thought you had to be 21y/o to even possess the firearm out in public unless you were going to a shooting range with a person 21 or over and since the father is "providing" the ammo, isn't that breaking a law right there if he is still OCing in public? Not slamming you for being 18 and wanting to OC, I think that's awesome, I just thought you had to be 21 y/o to possess a firearm (pistol/handgun) in any public area. Great spirit for wanting to OC, I commend you for it.

    Can someone please prove me wrong with that law? I have to run and don't have the time to look it up....

  11. #11
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    giaking70 wrote:
    I thought you had to be 21y/o to even possess the firearm out in public unless you were going to a shooting range with a person 21 or over and since the father is "providing" the ammo, isn't that breaking a law right there if he is still OCing in public? Not slamming you for being 18 and wanting to OC, I think that's awesome, I just thought you had to be 21 y/o to possess a firearm (pistol/handgun) in any public area. Great spirit for wanting to OC, I commend you for it.

    Can someone please prove me wrong with that law? I have to run and don't have the time to look it up....
    12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is
    temporarily within this state … from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the
    person, provided that the following applies to the firearm:

    you can look up the rest of that but there is your starting point.

  12. #12
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    hmm who knows? maybe I should call Redwood City PD. Would that be a good idea?

  13. #13
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    if that is what you feel necessary then go ahead. I prefer not to inform LEOs of what I am planning on doing but you may do that if you are not comfortable. I would just make sure you are totally comfortable before you UOC on your own. You cannot quote us for fact, but as a guide, read the laws and interpret them in the way you feel fit. Just make sure that you can defend your stance in court god forbid you should be falsely arrested.

  14. #14
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    I read something about needing parental consent or something to carry a weapon registered to them and the ammo, do you know anything about that?

  15. #15
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    Flymike wrote:
    I read something about needing parental consent or something to carry a weapon registered to them and the ammo, do you know anything about that?
    Pretty sure that only applies to minors.

    Do some more research, and keep asking questions. But I'm fairly certain that the only "extra" restriction on persons 18-20 years old is the restriction on purchasing pistols (not ownership of, just purchasing of).
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  16. #16
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    i spoke to a special agent for the CA DOJ ATF and he told me i have to be 21 for ownership of a handgun.

    Info which is totally opposite from the answer i got from my local PD.

  17. #17
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    poothrowingape wrote:
    i spoke to a special agent for the CA DOJ ATF and he told me i have to be 21 for ownership of a handgun.

    Info which is totally opposite from the answer i got from my local PD.
    Anyone over 18 can transport and carry a pistol revolver or other firearm capable of being concealed...

    12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state … from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:


    It is illegal to sell a handgun to someone under 21 years of age.

    12072 (b) No person licensed under Section 12071 shall supply, sell,
    deliver, or give possession or control of a pistol, revolver, or
    firearm capable of being concealed upon the person to any person
    under the age of 21 years or any other firearm to a person under the
    age of 18 years.

    If you are over 18 you can recieve a handgun as a gift/bequest, etc.from an immediate family member.

    12078 (c) (2)Subdivision (d) of Section 12072 shall not apply to the
    infrequent transfer of a handgun by gift, bequest, intestate
    succession, or other means by one individual to another if both
    individuals are members of the same immediate family and all of the
    following conditions are met:
    (A) The person to whom the firearm is transferred shall, within 30
    days of taking possession of the firearm, forward by prepaid mail or
    deliver in person to the Department of Justice, a report that
    includes information concerning the individual taking possession of
    the firearm, how title was obtained and from whom, and a description
    of the firearm in question. The report forms that individuals
    complete pursuant to this paragraph shall be provided to them by the
    Department of Justice.
    (B) The person taking title to the firearm shall first obtain a
    handgun safety certificate.
    (C) The person receiving the firearm is 18 years of age or older.



    NEVER RELY ON THE DOJ FOR GOOD ANSWERS.

  18. #18
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    wow that really helps. thanks

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