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Thread: Email to SD DA

  1. #1
    Regular Member Gundude's Avatar
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    Someone requested the email I sent to the SD DA. Here is the body of it.

    From:XXXXXXXXXX

    Sent: Wednesday, September 30, 2009 1:18 PM

    To: Public Affairs

    Subject: Question from sandiegoda.com

    I am trying to get clarification on gun laws in San Diego county. I emailed the DOJ about the open carry unloaded laws in Calif and they suggested I contact you about it.

    Lets assume I am in the local supermarket carrying an unloaded pistol in a belt holster (visible) and have a ammo clip on the belt (visible). Would I be in violation of any law?

    Also, would I be in violation of any law if I were driving in my car, carrying unconcealed, unloaded?

    Thanks for your attention to this matter.

    Here is the answer I received....

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

  2. #2
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    wow they wouldn't even talk to me
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  3. #3
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    Gundude is just better lookin' chewy.

  4. #4
    Regular Member Gundude's Avatar
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    Did I just get "hit on"?
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  5. #5
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    I don't know. I think I'm one sexy S.O.B in my gas mask. lol
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  6. #6
    Regular Member Gundude's Avatar
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    Will I need to wear one in case your's comes off?
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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