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From the horse's mouth

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
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.
 

Streetbikerr6

Regular Member
Joined
Feb 2, 2009
Messages
389
Location
Folsom, , USA
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.
 

flintlock tom

Anti-Saldana Freedom Fighter
Joined
Jun 13, 2008
Messages
405
Location
San Diego, California, USA
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.
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
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.
 

chewy352

Regular Member
Joined
Sep 11, 2009
Messages
769
Location
Harrah, Oklahoma
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 :banghead::banghead::

The DA’s Office cannot give legal advice.




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

Streetbikerr6

Regular Member
Joined
Feb 2, 2009
Messages
389
Location
Folsom, , USA
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 :banghead::banghead::

The DA’s Office cannot give legal advice.




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


[align=left]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...[/align]


[align=left]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.[/align]


[align=left]
[/align]
 

coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,659
Location
Temecula, California, USA
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
 

Streetbikerr6

Regular Member
Joined
Feb 2, 2009
Messages
389
Location
Folsom, , USA
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.
 

coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,659
Location
Temecula, California, USA
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!
 

chewy352

Regular Member
Joined
Sep 11, 2009
Messages
769
Location
Harrah, Oklahoma
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. :banghead::banghead::banghead::banghead:Sorry had to vent. I'm good now.:dude:
 

demnogis

Regular Member
Joined
Jul 21, 2008
Messages
911
Location
Orange County, California, USA
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.
 

CA_Libertarian

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

Streetbikerr6 wrote:
[align=left]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...[/align] [align=left]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.[/align]
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.
 

Streetbikerr6

Regular Member
Joined
Feb 2, 2009
Messages
389
Location
Folsom, , USA
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
 

pullnshoot25

Regular Member
Joined
Jul 24, 2008
Messages
1,139
Location
Escondido, California, USA
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.
 

Decoligny

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

CA_Libertarian wrote:
Streetbikerr6 wrote:
[align=left]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...[/align]
[align=left]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.[/align]
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.
 

coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,659
Location
Temecula, California, USA
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.
 
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