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where do you open carry

xmattedgex

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ok, so i know you can't open carry in government buildings and near schools, but i've also heard things like you can't carry to a place where admission is charged (like the movies) and to group gatherings, which if someone could clarify that for me that'd be great.
 

ConditionThree

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xmattedgex wrote:
ok, so i know you can't open carry in government buildings and near schools, but i've also heard things like you can't carry to a place where admission is charged (like the movies) and to group gatherings, which if someone could clarify that for me that'd be great.

When people tell you things like " You can't carryat thus-and-such venue." you need to ask for a citation of the applicable code.

171b is pretty easy to pull out of the hat- public buildings are a no-no.

I have not, however, heard of any PC that would prohibit carrying at 'group gatherings' or places where admission is charged- (Please search for San Diego meets- on several occasions 30-40 participants showed.) The restriction on venues that charge admission may very well be exclusively at the discretion of the private property owner- rather than the mandate of State or Federal law. For now, I would stamp it as FUD.
 

yelohamr

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I OC every where I go. If I have to drive through a school zone, I keep my gun locked up until I get to where I'm going. I carry in banks, grocery stores, WalMart, Sam's Club and various gun shops. No one has ever asked me to leave or told me firearms were not allowed. But then I don't live in the Bay area.

If I'm not sure of a place, I'll lock my gun in the car and go ask. Like I did a few weeks ago at the Westfield Mall in Carlsbad, where security called the police when I was carrying an empty holster.
http://opencarry.mywowbb.com/forum12/34122.html
 

xmattedgex

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yelohamr wrote:
where security called the police when I was carrying an empty holster.
haha! security called the police when you had on an empty holster!!
that's pretty funny and rediculous, and i don't think i have balls enough to carry in a bank, so props to you on that, then again i am also 22 and extremely new to the whole open carry thing.
 

xmattedgex

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ConditionThree wrote:
171b is pretty easy to pull out of the hat- public buildings are a no-no.
wait? what do you mean public buildings are a no no, like restaurants, malls, grocery stores, starbucks? so are you saying i can only open carry when i am walking on the street?
 

ConditionThree

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xmattedgex wrote:
ConditionThree wrote:
171b is pretty easy to pull out of the hat- public buildings are a no-no.
wait? what do you mean public buildings are a no no, like restaurants, malls, grocery stores, starbucks? so are you saying i can only open carry when i am walking on the street?

Id suggest catching up on your reading.

PC171b forbids possession of firearms in public buildings or meetings required to be open to the public. A public building isdefinedas a buildingowned or leased by by state or local government where public employees are present to do their jobs. So public libraries, county hospitals, the DMV, the county clerks office, a highway rest stop, city council chambers, a fire department or any other location you can think of owned or leased by government is a 'gun free zone'. Please digest as much information as you can before you decide to UOC.
 

mjones

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Government buildings and school zones are a no-go unless you have a license pursuant to PC 12050

The only 'group gatherings' that I can think of which are a no-go is something along the lines of picketing. I can't find the statute at the moment...
 

Decoligny

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mjones wrote:
Government buildings and school zones are a no-go unless you have a license pursuant to PC 12050

The only 'group gatherings' that I can think of which are a no-go is something along the lines of picketing. I can't find the statute at the moment...

An the only time picketing is an issue is if it has to do with a strike, or other refusal to work.

If you are at a demonstration picketing against police brutality, or global warming, or people wearing fur coats, you can carry, provided you are otherwise legally carrying.



12590. (a) Any person who does any of the following acts while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor:
(1) Carries concealed upon his person or within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries a loaded firearm upon his or her person or within any vehicle which is under his or her control or direction.
(3) Carries a deadly weapon.
(4) Wears the uniform of a peace officer, whether or not the person is a peace officer.
(b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law.
(c) Section 12027 shall not be construed to authorize any conduct described in paragraph (1) of subdivision (a), nor shall subdivision (b) of Section 12031 be construed to authorize any conduct described in paragraph (2) of subdivision (a).
 

mjones

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Decoligny wrote:
mjones wrote:
Government buildings and school zones are a no-go unless you have a license pursuant to PC 12050

The only 'group gatherings' that I can think of which are a no-go is something along the lines of picketing. I can't find the statute at the moment...

An the only time picketing is an issue is if it has to do with a strike, or other refusal to work.

If you are at a demonstration picketing against police brutality, or global warming, or people wearing fur coats, you can carry, provided you are otherwise legally carrying.



12590. (a) Any person who does any of the following acts while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor:
(1) Carries concealed upon his person or within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries a loaded firearm upon his or her person or within any vehicle which is under his or her control or direction.
(3) Carries a deadly weapon.
(4) Wears the uniform of a peace officer, whether or not the person is a peace officer.
(b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law.
(c) Section 12027 shall not be construed to authorize any conduct described in paragraph (1) of subdivision (a), nor shall subdivision (b) of Section 12031 be construed to authorize any conduct described in paragraph (2) of subdivision (a).
Thanks Deco, that's exactly the one I was looking for but couldn't find.
 

Poblacht32

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I have never seen anyone in the Bay Area before open carrying their firearm. I'm not going to be the 1st to do it here in Concord or the surrounding area.

Especially after the Lt. here in my district told me that even though it is legal she said that the police will stop me with "Guns Drawn". I don't want that to be my first experience when I open carry. That wouldn't be too pleasant.
 

CREWDAD

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Poblacht32 wrote:
I have never seen anyone in the Bay Area before open carrying their firearm. I'm not going to be the 1st to do it here in Concord or the surrounding area.

Especially after the Lt. here in my district told me that even though it is legal she said that the police will stop me with "Guns Drawn". I don't want that to be my first experience when I open carry. That wouldn't be too pleasant.
Oh come on man! Thats just a bunch "Pelosi" aka:BS! We want to educate all areas of the State, even the "wusified" Bay Area! I could just see it now, "Oh no!:uhoh: that bad man has a gun!" and a bunch of 60's hippies pissing in their hemp panties!:shock:
 

yelohamr

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Poblacht32 wrote:
I have never seen anyone in the Bay Area before open carrying their firearm. I'm not going to be the 1st to do it here in Concord or the surrounding area.

Especially after the Lt. here in my district told me that even though it is legal she said that the police will stop me with "Guns Drawn". I don't want that to be my first experience when I open carry. That wouldn't be too pleasant.
You should meet her in person and give her an educational brochure. It should perk up an otherwise boring day.
 

Poblacht32

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"You should meet her in person and give her an educational brochure. It should perk up an otherwise boring day."

That's funny you say that because I might be meeting with her next week on some other issues. At least she said it's legal but I don't like the way that she said her officers will react to the situation.
 

bigtoe416

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Poblacht32 wrote:
That's funny you say that because I might be meeting with her next week on some other issues. At least she said it's legal but I don't like the way that she said her officers will react to the situation.
When you meet her you can ask her if she was to draw her gun on you while you were open carrying, what crime she would be detaining you for. Surely a reasonable person would conclude that he wouldn't be free to leave if a police officer had a gun drawn on him. And if you are detained, a police officer has to be able to articulate his reasonable suspicion that a crime has or is about to be committed.

Of course, she might like you less if you ask her this. I'd bet if she were forced to answer she'd say that she would have to verify that you weren't a prohibited person. Of course, she'd be violating innumerable court cases with this answer, but case law from the supreme court hardly means anything these days. Right?
 

jlazzero

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A group of us often camp at Indian Valley Reservoir which is very close to the Mendocino forest. I see many if not all carry fully loaded. I normally carry unloaded with loaded clip near by. Was wondering since on BLM land what exactly would the law be? Keep in mind we have camped here for the last 5 years (at around every 5 weeks) and have yet to see LE or Ranger.
 

woody510

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Nov 27, 2009
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"Oh no! that bad man has a gun!" and a bunch of 60's hippies pissing in their hemp panties!

:lol: at the "hemp panties" sounds like "buzzerkley"

hippies are mainly from Berkeley and San Fran. they are so green every things got to be green... i'm more of a mossy oak camo or desert tan color guy myself.

i would like to see more guys in this general area start OC'ing not just to exercise there 2A right because i do firmly believe that a right not used is a right lost but to get the surrounding cities LEA (Pinole, Hercules, Richmond, San Pablo, Berkeley, Concord, Hayward and the the others) along with the Contra Costa & Alameda Sheriffs Office some what immune to it so that we don't have to worry about being drawn down on and possibly shot. I also feel they are doing this to try and scare us into not OC'ing as a way of control and also not having to deal with us because i spoke to a Contra Costa Sheriff SGT. and was told something similar that i would be contacted with weapons drawn but i live close to a high crime area ie. Richmond. He also made the comment in what i felt was some what of a threatening manor that it would be in my best interest to not OC at all to avoid this and i just thought to myself "not my best interest" your funny and should get a job in stand up.

On another note its kind of sad i hear more people referring to Alameda as Ala.murder county i'm guessing mostly because of Oakland
 
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