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Thread: Open carry at the state building?

  1. #1
    State Researcher
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    Code:
    171c.  Any person, except a duly appointed peace officer as defined
    in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
    full-time paid peace officer of another state or the federal
    government who is carrying out official duties while in California,
    any person summoned by any such officer to assist in making arrests
    or preserving the peace while he is actually engaged in assisting
    such officer, a member of the military forces of this state or the
    United States engaged in the performance of his duties, or a person
    holding a valid license to carry the firearm pursuant to Article 3
    (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4,
    who brings a loaded firearm into, or possesses a loaded firearm
    within, the State Capitol, any legislative office, any office of the
    Governor or other constitutional officer, or any hearing room in
    which any committee of the Senate or Assembly is conducting a
    hearing, or upon the grounds of the State Capitol, which is bounded
    by 10th, L, 15th, and N Streets in the City of Sacramento, shall be
    punished by imprisonment in the county jail for a period of not more
    than one year, a fine of not more than one thousand dollars ($1,000),
    or both such imprisonment and fine, or by imprisonment in the state
    prison.
    
    ==========================================================================
    
    171e.  A firearm shall be deemed loaded for the purposes of Sections
    171c and 171d whenever both the firearm and unexpended ammunition
    capable of being discharged from such firearm are in the immediate
    possession of the same person.
    In order to determine whether or not a firearm is loaded for the
    purpose of enforcing Section 171c or 171d, peace officers are
    authorized to examine any firearm carried by anyone on his person or
    in a vehicle while in any place or on the grounds of any place in or
    on which the possession of a loaded firearm is prohibited by Section
    171c or 171d.  Refusal to allow a peace officer to inspect a firearm
    pursuant to the provisions of this section constitutes probable cause
    for arrest for violation of Section 171c or 171d.
    So, if I read this right, all of the following are true:
    • One person could carry a firearm, unloaded and with no ammo useable in that firearm, onto the grounds of the Capitol Building.
    • Two people could carry unloaded firearms in this manner, but carrying the ammo to the other's firearm.
    • A boat load of us could carry unloaded firearms as above, and have one person not carrying a firearm with a BIG bag full of magazines.
    Am I missing something here?

    (Oh, and 171c-d are exempted from 171b.)

    Edit: fixed glychy formatting... hate this forum sometimes.
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  2. #2
    Regular Member Decoligny's Avatar
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    Key words are: and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person.


    Straight from my pamphlet, just under the 171 section:

    "NOTE: Go with a friend who carries a different caliber handgun; openly carry each others magazines. You'll comply with 171c and 171d."




  3. #3
    State Pioneer ConditionThree's Avatar
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    CA_Libertarian wrote: [code]Am I missing something here?

    (Oh, and 171c-d are exempted from 171b.)


    I think you get it.

    I carry a 9mm, so I will need a buddy who carries .357, .38, 10mm,.40, .44, or.45. So when are we going to the Capitol?

    Edited to add: BTW the Capitol is also a State Park, where weapons and mouse traps are prohibited. We could walk on the Sacramento city sidewalk while being 626.9 compliant.
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    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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  4. #4
    State Researcher
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    Ah, stupid state parks... ruining my dreams.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  5. #5
    Regular Member
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    You may run into an issue with the "immediate possession" part. I know in some States that having something in your car, even if it belongs to another person, can be considered in your immediate possession.

    If the magazine belongs to you but someone else with you is carrying it, then an LEO/prosecutor/court may try to get you on that. Just a thought to consider.

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