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Open Carry in San Diego to San Marcos

mjones

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

bigtoe416 wrote:
wewd wrote:
A California CCW does not allow you to openly carry a loaded weapon. There is a separate permit for that (which are apparently never issued).
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Those permits exist only for counties containing fewer than 200,000 residents:
Code: 
12050. (a) (1) (B) The chief or other head of a municipal police department of any city or city and county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying is a resident of that city and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats: 

(ii) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person.
Only 31 of 58 counties have fewer than 200,000 residents (http://en.wikipedia.org/wiki/California_counties )
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However, there is no statute which prohibits Open Carry (in general), so the license (12050. (a) (1) (B) (ii) - aka the Open Carry License) is a moot point.

Statutorily, there is nothing to prevent a person licensed accoring to 12050. (a) (1) (B) (i) - aka theConcealed Carry License from having an exemption to PC 12031 for having a loaded weapon.
 
C

CA_Libertarian

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

Code: 
12031

...

(b) Subdivision (a) shall not apply to any of the following:

...

(6) The carrying of pistols, revolvers, or other firearms capable
of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.

...
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

CA_Libertarian wrote:
The point is that if you are AUTHORIZED to carry pursuant to 12050, then you are exempted from 12031.
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And of course regardless of your license status, everyone is exempt from the 12031(e) checks outside of btoh (1) incorporated areas and (2) the portions, if any, of unincorporated areas where shooting has been banned by the County.

So strangely, an open carry license might have little in no value in rural counties with less than 200,000 people anyway.

California's gun statutes are the most bizzarre in the nation - they seem to be written by folks who do not understand how they operate.
 
B

Berzerker

Regular Member
Joined
Aug 21, 2009
Messages
20
Location
Santa Ana, California, USA
imported post

CA_Libertarian wrote:
Well-stated, Decoligny.

I would only add:

If you are from out of state, you would be wise to have some sort of proof you had the magazine in the state before the ban. I'm not 100% certain, but I believe statutory exemptions are only a 'positive defense'. That is, the burden of proof is on you to show you meet the exemption.

Since possession is not a crime, the burden of proof would be on the DA to show that you imported, manufactured, or attempted to sell the 'large-capacity' magazine.

However, if you didn't reside in state prior to the ban, then it would be easy to assert that you imported the mags (legally or not). Since importation is a crime, you would need to prove an exemption.
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Well luckily I am a native Commiefornian so I guess the HC's are ok to carry. I also have some 10 rnd mags that I bought later on. I always like to have at least 4-5 mags for each pistol.
 
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