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Open carry at the state building?

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

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.
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
imported post

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."
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
imported post

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.
 

JSK333

Regular Member
Joined
May 20, 2006
Messages
190
Location
Cincinnati, Ohio, USA
imported post

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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