imported post
The above responses are great examples of the power being exercised. Here's the
source of that power.
12031(a) proscribes the carrying of loaded firearms in:
- any public place within incorporated territory
- within any public place in unincorporated territory if (and only if) there is a local ordinance prohibiting the discharge of firearms in that particular area.
12031(e) permits LE to 'examine' any firearm to ensure subsection (a) is not being violated. (This power is obviously unconstitutional under the
Terry Doctrine, but was upheld in 1970 by the CA Court of Appeals in People v DeLong.)
So, if you are in any place where 12031(a) applies; 12031(e) applies. If you are in a place where it is impossible to violate 12031(a), then logically there is no 'probable cause' to examine the firearm under subsection (e). Where the gun is at the time of the 'examination' doesn't matter. Openly carried while walking, driving, or riding a bike.
(In DeLong's case the firarms were in the locked trunk of his car. The court ruled that since the police had reason to believe the firearms were there - due to a bystander seeing them when he opened the trunk - the police were permitted to exercise the power granted by 12031(e).)
Hope this fully answers your question.