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Thread: Having a hard time understranding the laws.

  1. #1
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    Are there exemptions of Open Carry in certain cities/counties?
    I am becoming confused with the unincorporated city clause. I understand what an UC is, but dont understand the exemption.
    I live in Newark,CA
    Alameda county.

    I also noticed newark ordinance states:

    "12.16.110 Possession of firearms. A.Except as provided in subsection B of this section, it shall be unlawful for any person, other than peace officers in the discharge of their duties, to use, carry or possess firearms, air rifles, BB guns, spring guns, bow and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety. B.Bows and arrows may be brought to a park or facility for use at an established range or for participation in a city-planned or approved archery program."

    To me it sounds like they dont allow open carry?!? It does say possess but is very unclear (it would be possession if the weapon were locked and in a locked case too.. though we know that is legal)

    So confused!

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    yeah.... open carry is pretty confusing, if its something you want to do, i would recommend at least 2 months of research before your first outing.

    it seems that newark has a local ordinance against carrying guns. the good news; if you get arrested/ ticketed for disobeying that ordinance, it wont hold up in court because that law is preempted by state law. the bad news; you will probably be arrested/ ticketed for disobeying that ordinance.

    the Incorporated vs unincorporated thing doesnt apply to us too much in the bay. we are Incorporated forpretty much all purposes open carry.im not even too sure what the laws are in regards to that because i figured it would rarely apply to me, and i dont carry if im unsure of the area.

    study study study, and again, welcome. hopefully we will have another bay area meet and greet soon. ill start organizing the next. for now, im off to bed.
    When injustice becomes law, resistance becomes duty.

  3. #3
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    That local law would be fairly easy to beat, unless there's some exemption listed for law enforcement, CCW permitees, etc.

    (Besides the fact state law preempts it's existence.)
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    Hi,

    I also live in newark and was wondering the samething. So what I did was I sent commander Tom Milner a email today about the same question you have. I will keep you posted once I get a response back. BTW, where abouts of newark do you live in?

    James

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    This city code is for city parks and recreation facilities. I would not UOC in city parks and recreation facilities in Newark, CA. Many cities have such codes.
    Clinging to God & Guns: The Constitution Restoration Project

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    good to know. will post here when i get updated as well.

  7. #7
    Regular Member wewd's Avatar
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    California has complete preemption over all firearms laws except where firearms may or may not be discharged. Any law passed by a county or municipality on the carrying or possession of firearms is unenforceable. That being said, it doesn't mean they won't try to enforce it, so you will probably still be arrested, charged, and your weapon taken into evidence. I would not recommend any civil disobedience unless you can fully afford a possible legal defense. There are always hotshot DA's who think preemption laws do not apply to them.
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    Consider moving to New Hampshire as part of the Free State Project.

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  8. #8
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    wewd wrote:
    California has complete preemption over all firearms laws except where firearms may or may not be discharged...
    Almost correct.

    In fact, localities may regulate possession of firearms on property owned/controlled by the locality (e.g. fairgrounds).

    I don't know of any case law defining this more clearly, so it's possible an open-to-the-public city park falls under this authority. (Logically, it seems to me this is not correct, but I don't want to spend tens of thousands of dollars in court trying to find out.)

    For certain, if the city can control access to the property, then they can prohibit firearms there.

    Any all-out ban on firearm possession is unlawful. However, it still might cost you a lot of money to get a conviction overturned.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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    The advice from Jason Davis (Davis and Associates) is to obey local ordinances at this time. It is not yet clear legally that possession bans which involve OC are preempted. The courts are not our friend on this issue so don't test it. As Bear gets settled these local bans will likely fall.

    Now I agree with the opinion that they are preempted, as suggested in the California Peace Officer Association Attorney memo, but I will not bet your finances and liberty on that at this time.

    art work by Oleg Volk


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    glocked-N-loaded wrote:
    Hi,

    I also live in newark and was wondering the samething. So what I did was I sent commander Tom Milner a email today about the same question you have. I will keep you posted once I get a response back. BTW, where abouts of newark do you live in?

    James
    Keep me posted too!

    I live near the PD

  11. #11
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    yzingerr wrote:
    glocked-N-loaded wrote:
    Hi,

    I also live in newark and was wondering the samething. So what I did was I sent commander Tom Milner a email today about the same question you have. I will keep you posted once I get a response back. BTW, where abouts of newark do you live in?

    James
    Keep me posted too!

    I live near the PD
    Still waiting for a reply back. Im closer then you think.

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