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Thread: Halloween Open Carry

  1. #1
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    Anyone incorporating open carry into their Halloween costume this year? I guess masks are out.

    http://law.onecle.com/california/penal/12040.html

    Lots of unmasked Halloween characters though. I think this gal would be in trouble with that drum mag. lolz

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    edit!
    When injustice becomes law, resistance becomes duty.

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    I think you are safe under #4 Entertainment event. (on Halloween anyways)
    And #1 if you wear a mask to protect yourself from swine flu, and not to
    conceal your identity.
    9th circuit is known for rational interpretation of laws after all.


    But wouldn't the drum be ok if it only holds 10 rounds?


    I would just have to dress as a cop and do a 12031(e) frisk.
    How am I to know where the serial number for a tommy gun is located?

    But UOC would still work for the pirates. 'Underage Open Carry'


  4. #4
    Regular Member mjones's Avatar
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    I have carried longarms, revolvers and pistols at one time or another as part of a haloween costume....I'm not sure what the wife has in store for me this year though.

  5. #5
    Regular Member wewd's Avatar
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    This is the first time I've heard of this "carrying while masked" law, which seems about typical for the state of California. But I wonder if it would apply to someone wearing a full face motorcycle helmet while riding, with a dark lens inserted into the helmet. There doesn't seem to be any exception for that. I guess you are limited to using clear lenses in your helmet while carrying. Hope you remembered your sunscreen.
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    wewd wrote:
    This is the first time I've heard of this "carrying while masked" law, which seems about typical for the state of California. But I wonder if it would apply to someone wearing a full face motorcycle helmet while riding, with a dark lens inserted into the helmet. There doesn't seem to be any exception for that. I guess you are limited to using clear lenses in your helmet while carrying. Hope you remembered your sunscreen.
    It doesn't say mask...but masked(hidden)...I think your right. Full face helmets with tint could be an issue.

  7. #7
    Regular Member Decoligny's Avatar
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    SlackwareRobert wrote:
    I think you are safe under #4 Entertainment event. (on Halloween anyways)
    And #1 if you wear a mask to protect yourself from swine flu, and not to
    conceal your identity.

    I don't know how exemption #1 has anything to do with protecting yourself from swine flu. #1 appears to exempt police officers in the performance of their duties.
    9th circuit is known for rational interpretation of laws after all.


    But wouldn't the drum be ok if it only holds 10 rounds?


    I would just have to dress as a cop and do a 12031(e) frisk.
    How am I to know where the serial number for a tommy gun is located?

    But UOC would still work for the pirates. 'Underage Open Carry'

    12040. (a) A person commits criminal possession of a firearm when he or she carries a firearm in a public place or on any public street while masked so as to hide his or her identity.

    (b) Criminal possession of a firearm is punishable by imprisonment in the state prison or by imprisonment in a county jail not to exceed one year.

    (c) Subdivision (a) shall not apply to the following:

    (1) A peace officer who is in the performance of his or her duties.

    (2) Full-time paid peace officers of other states and the federal government who are carrying out official duties while in this state.

    (3) Any person summoned by any of the officers enumerated in paragraph (1) or (2) to assist in making arrests or preserving the peace while he or she is actually engaged in assisting that officer.

    (4) The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity.

    (5) The possession of a firearm by a licensed hunter while actually engaged in lawful hunting, or while going directly to or returning directly from the hunting expedition.

  8. #8
    Regular Member mjones's Avatar
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    Possession of a large-cap mag in CA is not a crime. I have a few Tommy Gun Drum magazines to go with my RAW...FWIW I prefer the Large Cap Stick mags

    12020. (a) Any person in this state who does any of the following
    is punishable by imprisonment in a county jail not exceeding one year
    or in the state prison:
    (1) ...
    (2) Commencing January 1, 2000, manufactures or causes to be
    manufactured, imports into the state, keeps for sale, or offers or
    exposes for sale, or who gives, or lends, any large-capacity
    magazine.


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    Well as long as you have a legit plate on the bike identifying you, the tinted
    helmet shouldn't matter. Your results in CA courts may vary!
    Just refuse to get off the bike with shield down.
    Does that wacky state put face shields under same tint law as car windows?

    But all moot now, you can't buy bullets.

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