Mike
Site Co-Founder
imported post
MudCamper wrote:
If there areDAs actually prosecuting people for loaded open carry on rural roads that are not also both (1) in no shooting areas per county ordinance and (2) in public places as contemplated by 12031, then please post here ASAP so we can look into it and analyze it further.
Again, I would never carry loaded openly in california because even though I once lived and traveled extensively in California, I am not sure where incorporated and unincorporated areas are or are not, let alone where Counties may have banned shooting by ordinance - but this issue is important to everyone because in these areas where loaded open carry is allowed, arguably much or most of california by land area, the police do not have the power to E-check people (12031(e), right?) - that is to seize the person to inspect the gun to see if it is loaded.
MudCamper wrote:
This distinction is not a factual distinction, e.g., what kind of road you are on, but rather, the court and the AG opinion saying the legislature's word choice in multiple statutes, combined with legislative history,indicates an intent to limit the reach of 12031 to mainly just incorporated areas. That's why all these appeals court cases make it hard for the government to prosecute people for loaded open carry in unincorporated areas.
If there areDAs actually prosecuting people for loaded open carry on rural roads that are not also both (1) in no shooting areas per county ordinance and (2) in public places as contemplated by 12031, then please post here ASAP so we can look into it and analyze it further.
Again, I would never carry loaded openly in california because even though I once lived and traveled extensively in California, I am not sure where incorporated and unincorporated areas are or are not, let alone where Counties may have banned shooting by ordinance - but this issue is important to everyone because in these areas where loaded open carry is allowed, arguably much or most of california by land area, the police do not have the power to E-check people (12031(e), right?) - that is to seize the person to inspect the gun to see if it is loaded.
