Results 1 to 21 of 21

Thread: From the horse's mouth

  1. #1
    Regular Member Gundude's Avatar
    Join Date
    Sep 2009
    Location
    Sandy Eggo County
    Posts
    1,691

    Post imported post

    Before I decided to UOC, I started researching it. First, I went to the local gun dealer. He told me in no unceartin terms that I would be arrested. He couldnt quote the PC violation, but did inform me that he was also a lawyer. Then I binged "California open carry" and found this site. After reading about 300 posts, I decided to cut the BS and go straight to the one that counts. I emailed the San Diego DA and got this reply.

    Concealed Firearms: Subject to certain exceptions, the general rule in California is that it is illegal to carry a firearms concealed in a vehicle or concealed upon ones’ person (Penal Code 12025.) Our website fully explains the procedures as to how one may apply for a CCW.

    Open Carry: Unloaded weapons may be carried in belt holsters or transported openly in a vehicle, which are not concealed and do not fall under the general rule prohibiting the carrying of concealed firearms (Penal Code 12025(f).

    In order to determine whether or not a firearm is loaded, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. (Penal Code 12031(3)). Refusal to allow a peace officer to inspect a firearm constitutes probable cause for arrest for violation of Penal Code Section 12031.

    Loaded Firearms: A person is guilty of carrying a loaded firearm when he or she carries it on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory. (Penal Code 12031.)

    Possession of a Firearm While Wearing a Mask: It is a crime to possess a firearm in a public place or on any public street while masked so as to hide the identity of the person carrying the firearm. (Penal Code 12040).

    I went back to the gun dealer and showed him a copy of this email, which I carry in my wallet, and he read it, said "hmmmmm" and proceded to his copy machine. (I had to chuckle) We now have an educated gun dealer here.


    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The rights existence is all the reason he needs.

  2. #2
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    So, basically you started at one end and worked your way to the other.

  3. #3
    Regular Member
    Join Date
    Feb 2009
    Location
    Folsom, , USA
    Posts
    389

    Post imported post

    This happens in every gun shop you go into. They always say you will get arrested, it's stupid, it's illegal.. blah blah blah... Basically they may have a lot of knowledge about firearms but don't know jack shyt when it comes to the laws. It's like they cover their eyes and ears and start humming when someone mentions open carry, atleast he gave you a "hmmmm", that's a start.

  4. #4
    Anti-Saldana Freedom Fighter
    Join Date
    Jun 2008
    Location
    San Diego, California, USA
    Posts
    405

    Post imported post

    You're saying that you found a gun store owner who was open minded enough to be corrected?!

    I'm impressed. Plug the gun store so we can support him.

    In any case, well done.

  5. #5
    Regular Member Gundude's Avatar
    Join Date
    Sep 2009
    Location
    Sandy Eggo County
    Posts
    1,691

    Post imported post

    Here is his address

    Hi Pass Sports
    2435 Alpine Blvd #B, Alpine,CA
    619 445-4039
    I should mention, DO NOT drive to this store on Alpine blvd. It goes by a school. Afteryou exit on Tavern rd from the I 8 freeway, continue on Tavern rd past Alpine blvd and turn left on Arnold way. Arnold way meets up with Alpine blvd past the school zone.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The rights existence is all the reason he needs.

  6. #6
    Regular Member
    Join Date
    Sep 2009
    Location
    Vista, California, USA
    Posts
    516

    Post imported post

    Gundude wrote:
    ... He couldnt quote the PC violation, but did inform me that he was also a lawyer.

    That could explain why he's full of crap.

  7. #7
    Founder's Club Member MudCamper's Avatar
    Join Date
    Sep 2007
    Location
    Sebastopol, California, USA
    Posts
    710

    Post imported post

    Be careful of school zones. Sounds like the DA didn't warn you about that.

    http://www.californiaopencarry.org/


  8. #8
    Regular Member
    Join Date
    Sep 2009
    Location
    Harrah, Oklahoma
    Posts
    769

    Post imported post

    Gundude wrote:
    Before I decided to UOC, I started researching it. First, I went to the local gun dealer. He told me in no unceartin terms that I would be arrested. He couldnt quote the PC violation, but did inform me that he was also a lawyer. Then I binged "California open carry" and found this site. After reading about 300 posts, I decided to cut the BS and go straight to the one that counts. I emailed the San Diego DA and got this reply.

    Concealed Firearms: Subject to certain exceptions, the general rule in California is that it is illegal to carry a firearms concealed in a vehicle or concealed upon ones’ person (Penal Code 12025.) Our website fully explains the procedures as to how one may apply for a CCW.

    Open Carry: Unloaded weapons may be carried in belt holsters or transported openly in a vehicle, which are not concealed and do not fall under the general rule prohibiting the carrying of concealed firearms (Penal Code 12025(f).

    In order to determine whether or not a firearm is loaded, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. (Penal Code 12031(3)). Refusal to allow a peace officer to inspect a firearm constitutes probable cause for arrest for violation of Penal Code Section 12031.

    Loaded Firearms: A person is guilty of carrying a loaded firearm when he or she carries it on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory. (Penal Code 12031.)

    Possession of a Firearm While Wearing a Mask: It is a crime to possess a firearm in a public place or on any public street while masked so as to hide the identity of the person carrying the firearm. (Penal Code 12040).

    I went back to the gun dealer and showed him a copy of this email, which I carry in my wallet, and he read it, said "hmmmmm" and proceded to his copy machine. (I had to chuckle) We now have an educated gun dealer here.

    Would I be able to see your email to the San Diego DA? I sent them this email:

    Dear Ms. Dumanis,

    I am a law abiding citizen and studentwho has no criminal record. I legally carry my unloaded weapon for self defense whenever the law allows.

    Currently I attend school at Mesa College. It is my understanding from reading PC 626 and 626.9 that it would be legal for me to Unloaded Open Carry at my school as it is a community college. However, my ability to comprehend the law is limited. Would you be so kind as to clarify this issue for me and point out any other laws that may be applicable.

    If you need anymore information feel free to email me with them. Thank you for your time.

    Sincerely

    And got this reply :

    The DA’s Office cannot give legal advice.




    Paul Levikow
    Communications Director
    San Diego County District Attorney
    (619) 531-3536
    paul.levikow@sdcda.org

    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  9. #9
    Regular Member
    Join Date
    Feb 2009
    Location
    Folsom, , USA
    Posts
    389

    Post imported post

    chewy352 wrote:
    Gundude wrote:
    Before I decided to UOC, I started researching it. First, I went to the local gun dealer. He told me in no unceartin terms that I would be arrested. He couldnt quote the PC violation, but did inform me that he was also a lawyer. Then I binged "California open carry" and found this site. After reading about 300 posts, I decided to cut the BS and go straight to the one that counts. I emailed the San Diego DA and got this reply.

    Concealed Firearms: Subject to certain exceptions, the general rule in California is that it is illegal to carry a firearms concealed in a vehicle or concealed upon ones’ person (Penal Code 12025.) Our website fully explains the procedures as to how one may apply for a CCW.

    Open Carry: Unloaded weapons may be carried in belt holsters or transported openly in a vehicle, which are not concealed and do not fall under the general rule prohibiting the carrying of concealed firearms (Penal Code 12025(f).

    In order to determine whether or not a firearm is loaded, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. (Penal Code 12031(3)). Refusal to allow a peace officer to inspect a firearm constitutes probable cause for arrest for violation of Penal Code Section 12031.

    Loaded Firearms: A person is guilty of carrying a loaded firearm when he or she carries it on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory. (Penal Code 12031.)

    Possession of a Firearm While Wearing a Mask: It is a crime to possess a firearm in a public place or on any public street while masked so as to hide the identity of the person carrying the firearm. (Penal Code 12040).

    I went back to the gun dealer and showed him a copy of this email, which I carry in my wallet, and he read it, said "hmmmmm" and proceded to his copy machine. (I had to chuckle) We now have an educated gun dealer here.

    Would I be able to see your email to the San Diego DA? I sent them this email:

    Dear Ms. Dumanis,

    I am a law abiding citizen and studentwho has no criminal record. I legally carry my unloaded weapon for self defense whenever the law allows.

    Currently I attend school at Mesa College. It is my understanding from reading PC 626 and 626.9 that it would be legal for me to Unloaded Open Carry at my school as it is a community college. However, my ability to comprehend the law is limited. Would you be so kind as to clarify this issue for me and point out any other laws that may be applicable.

    If you need anymore information feel free to email me with them. Thank you for your time.

    Sincerely

    And got this reply :

    The DA’s Office cannot give legal advice.




    Paul Levikow
    Communications Director
    San Diego County District Attorney
    (619) 531-3536
    paul.levikow@sdcda.org

    Since community colleges are government funded, I believe they are technically government property which allows this penal code to be in effect. At least it is in effect at Sac State, and Sac State is an open campus, just like any community college. They actually list this in the sac state dorm manual...



    Section 171b(a) of the Penal Code states that, “Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public... is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison: • Any firearm.





  10. #10
    Regular Member coolusername2007's Avatar
    Join Date
    Jun 2009
    Location
    Temecula, California, USA
    Posts
    1,660

    Post imported post

    flintlock tom wrote:
    You're saying that you found a gun store owner who was open minded enough to be corrected?!

    I'm impressed. Plug the gun store so we can support him.

    In any case, well done.
    Another pro open carry gun store. They gladly accepted my educational pamphlets for distribution at their coffee counter, and yes you can open carry in their store.


    Faith Armory

    27498 Enterprise Circle West

    Temecula, CA 92590

    951-699-7500


    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  11. #11
    Regular Member
    Join Date
    Feb 2009
    Location
    Folsom, , USA
    Posts
    389

    Post imported post

    coolusername2007 wrote:
    flintlock tom wrote:
    You're saying that you found a gun store owner who was open minded enough to be corrected?!

    I'm impressed. Plug the gun store so we can support him.

    In any case, well done.
    Another pro open carry gun store. They gladly accepted my educational pamphlets for distribution at their coffee counter, and yes you can open carry in their store.


    Faith Armory

    27498 Enterprise Circle West

    Temecula, CA 92590

    951-699-7500

    Wow that is amazing they let you open carry. My local gun store is so against having any firearm in the posession of someone other than an employee in the store. It feels like I'm in a candy store with every employee telling me how much they hate candy.

  12. #12
    Regular Member coolusername2007's Avatar
    Join Date
    Jun 2009
    Location
    Temecula, California, USA
    Posts
    1,660

    Post imported post

    Streetbikerr6 wrote:
    Wow that is amazing they let you open carry. My local gun store is so against having any firearm in the posession of someone other than an employee in the store. It feels like I'm in a candy store with every employee telling me how much they hate candy.
    Know what you mean. Makes no sense. Buy from us, but don't even think about bringing it in unless its locked up. FUD...fear, uncertainty, doubt. We all need to educate our local gun shops. In fact, that's a great idea! We should incorporate gun shops in all of our open carry events!
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  13. #13
    Regular Member
    Join Date
    Sep 2009
    Location
    Harrah, Oklahoma
    Posts
    769

    Post imported post

    AHHHHHHHHHH what part of "shall not be infringed" do they not understand. I know I know its not Incorporated yet. I'm so sick of running into brick walls everywhere I turn. Sorry had to vent. I'm good now.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  14. #14
    Regular Member demnogis's Avatar
    Join Date
    Jul 2008
    Location
    Orange County, California, USA
    Posts
    912

    Post imported post

    Fowler Gun Room in Santa Ana is also not against Open Carry in their store.

    They may, however, ask to see if it's loaded when in their store if they don't know you.
    Gun control isn't about guns -- it is about control.

  15. #15
    Anti-Saldana Freedom Fighter bad_ace's Avatar
    Join Date
    Feb 2009
    Location
    Cupertino, California, USA
    Posts
    328

    Post imported post

    demnogis wrote:
    They may, however, ask to see if it's loaded when in their store if they don't know you.
    I would comply with that. Seems reasonable.

  16. #16
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    Streetbikerr6 wrote:
    Since community colleges are government funded, I believe they are technically government property which allows this penal code to be in effect. At least it is in effect at Sac State, and Sac State is an open campus, just like any community college. They actually list this in the sac state dorm manual...
    Section 171b(a) of the Penal Code states that, “Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public... is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison: • Any firearm.
    626.9 prohibits the possession of firearms on any public or private college or university campus... including the buildings.

    So if you carry into the on-campus dorms... it's a 2-for-1. 626.9 and 171b.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  17. #17
    Regular Member
    Join Date
    Feb 2009
    Location
    Folsom, , USA
    Posts
    389

    Post imported post

    thanks for clearing that up. I was confused as to what I quoted only stated buildings, which made me wonder if I was allowed to walk on campus. Thanks

  18. #18
    Regular Member
    Join Date
    Jul 2008
    Location
    Escondido, California, USA
    Posts
    1,140

    Post imported post

    coolusername2007 wrote:
    flintlock tom wrote:
    You're saying that you found a gun store owner who was open minded enough to be corrected?!

    I'm impressed. Plug the gun store so we can support him.

    In any case, well done.
    Another pro open carry gun store. They gladly accepted my educational pamphlets for distribution at their coffee counter, and yes you can open carry in their store.

    Faith Armory

    27498 Enterprise Circle West

    Temecula, CA 92590

    951-699-7500

    Those guys are pretty cool. I think they put up flyers for the 3rd SD OC meet.

  19. #19
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    CA_Libertarian wrote:
    Streetbikerr6 wrote:
    Since community colleges are government funded, I believe they are technically government property which allows this penal code to be in effect. At least it is in effect at Sac State, and Sac State is an open campus, just like any community college. They actually list this in the sac state dorm manual...

    Section 171b(a) of the Penal Code states that, “Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public... is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison: • Any firearm.
    626.9 prohibits the possession of firearms on any public or private college or university campus... including the buildings.

    So if you carry into the on-campus dorms... it's a 2-for-1. 626.9 and 171b.
    Close, but not quite accurate on the 626.9 reference.


    626.9 (h) Notwithstanding Section 12026, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment in the state prison for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.


  20. #20
    Regular Member coolusername2007's Avatar
    Join Date
    Jun 2009
    Location
    Temecula, California, USA
    Posts
    1,660

    Post imported post

    coolusername2007 wrote:
    flintlock tom wrote:
    You're saying that you found a gun store owner who was open minded enough to be corrected?!

    I'm impressed. Plug the gun store so we can support him.

    In any case, well done.
    Another pro open carry gun store. They gladly accepted my educational pamphlets for distribution at their coffee counter, and yes you can open carry in their store.


    Faith Armory

    27498 Enterprise Circle West

    Temecula, CA 92590

    951-699-7500
    FYI...was just in the store again today...they asked for more educational open carry brochures! These guys/gals are great! Talk to your gun shops, supply them with all the brochures they want. Also, when printing the educational brochure, stuffthe single page PC flyer in it.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  21. #21
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    Decoligny wrote:
    CA_Libertarian wrote:
    626.9 prohibits the possession of firearms on any public or private college or university campus... including the buildings.

    So if you carry into the on-campus dorms... it's a 2-for-1. 626.9 and 171b.
    Close, but not quite accurate on the 626.9 reference.


    626.9 (h) ...
    626.9(h) describes the penalty for carrying a loaded firearm at a public/private college/university. (2-4 years in state prison)

    626.9(i) describes the penalty for carrying an unloaded firearm at a public/private college/university. (1-3 years in state prison)

    (i) Notwithstanding Section 12026, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment in the state prison for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •