imported post
I have it right here, but everybody will have to wait until I'm in front of a pdf worthy photocopy machine.
The conclusions of the opinion are:
1. The term "firearm" as used in PC 12031 includes rifles and shotguns.
2. PC 12031 does not prohibit the carrying of a rifle or shotgun with unexpended shells or cartridges in the magazine on a public road in an unincorporated area where there are no local ordinances or other laws or regulations prohibiting the discharge of firearms.
3. PC 374c does make every "public road or highway" a "prohibited area" as defined in section 12031.
4. The term "public street" as used in section 12031 is not synonymous with "public road or highway" as used in PC 374c.
5. The "safety zone" described in FGC 3004 is a "prohibited area" as defined in section 12031, but carrying of loaded weapons is proscribed therein only when it coincides with a "public place."
I believe conclusion 2 was what we cared about, so here's the analysis (bold is my emphasis):
Question No. 2 requests an opinion whether section 12031 prohibits the carrying of a loaded firearm on a public road in an unincorporated area. We conclude that section 12031 does not prohibit the carrying of loaded firearms on such public ways. For the reasons set forth in our answer to question No. 4, the term "public streets" in section 12031(a) must be given a narrow construction. There is a distinction between "public roads" and "public streets" which is discussed more fully below. The proscriptions of section 12031 are therefore not applicable to "public roads" because they are not "public streets" as that term is used in section 12301 (footnote: The carrying of a rifle or shotgun in a vehicle with an unexpended round in the chamber is prohibited on "public highways" by Fish and Game Code section 2006, which provides in part: "It is unlawful to possess a loaded rifle or shotgun in any vehicle...which is standing on or along or is being driven on or along any public highway or other way open to the public." "A rifle or shotgun shall be deemed loaded...when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.")
ETA: Typos...lemme know if there are any more.
