Gundude
Regular Member
imported post
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).
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).
