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Thread: OC in San Diego

  1. #1
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    I am looking at a distinct possibility of being in San Diego for up to 10 days in the very near future.

    Where should I look for proper guidance as to the "Dos & Don'ts" of OC in San Diego?

    I also want to add that the firearm I was thinking of bringing with me has a 17+1 round capacity. What are the rules regarding magazines with a capacity greater than 10 rounds?


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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Unless you had the magazines in California prior to the ban, you can't bring them in. You need some 10-round magazines to be legal.

    Check out http://californiaopencarry.org for a bunch of PDF files with a ton of information on the various minutia which we have to deal with to stay legal. The big ones are to stay out of public buildings (post offices, police stations, city halls, etc.), stay 1000' away from K-12 school property (or lock it in a fully enclosed locked container), and keep it unloaded with your loaded magazine in plain sight unless you are in unincorporated territory.

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    Regular Member mjones's Avatar
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    darthmord wrote:
    I am looking at a distinct possibility of being in San Diego for up to 10 days in the very near future.

    Where should I look for proper guidance as to the "Dos & Don'ts" of OC in San Diego?

    I also want to add that the firearm I was thinking of bringing with me has a 17+1 round capacity. What are the rules regarding magazines with a capacity greater than 10 rounds?
    DO NOT bring a greater-then-10 round magazine into CA unless it you posessed it in CA prior to 1/1/2000 (or you can satisfy one of the other exemptions)

    CA Penal Code 12020 (http://leginfo.ca.gov/cgi-bin/waisga...ction=retrieve)



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    That link you provided to the code citereferences importing. Are you saying that my bringing that magazine into the state counts as importing despite the fact it's for personal use only? If so, that's some interesting legal twisting and jiving.

    I also didn't see anything prohibiting possession / ownershipof a 10+ capacity magazine in 12020 (2).

    That said, I do have other firearm alternatives that have a capacity less than 10 rounds.

  5. #5
    Regular Member mjones's Avatar
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    darthmord wrote:
    That link you provided to the code citereferences importing. Are you saying that my bringing that magazine into the state counts as importing despite the fact it's for personal use only? If so, that's some interesting legal twisting and jiving.

    I also didn't see anything prohibiting possession / ownershipof a 10+ capacity magazine in 12020 (2).

    That said, I do have other firearm alternatives that have a capacity less than 10 rounds.
    Correct, Importing = Bring into California

    Also Correct, simple posession is not prohibted. Therefore the burden of proof is on the prosecution.



  6. #6
    Regular Member Gundude's Avatar
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    darthmord wrote:
    I am looking at a distinct possibility of being in San Diego for up to 10 days in the very near future.

    Where should I look for proper guidance as to the "Dos & Don'ts" of OC in San Diego?

    I also want to add that the firearm I was thinking of bringing with me has a 17+1 round capacity. What are the rules regarding magazines with a capacity greater than 10 rounds?
    12020 (b) Subdivision (a) does not apply to any of the following:

    12020 (23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  7. #7
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    mjones wrote:

    ...Also Correct, simple posession is not prohibted. Therefore the burden of proof is on the prosecution.

    I would add that this should provide you with little comfort. In CA, the DAs and judges rewrite the laws all the time. One of our members was recently convicted under another statute due to some twisting of logic and ignorance of case law.

    In CA, when it comes to gun "crimes", justice comes with a hefty price tag. Even if you're in the clear, you have to be very careful.

    Definitely read up at www.californiaopencarry.org and then browse here if you have any questions. Keep in mind a lot of the stuff posted at that link is from LE sources, and many of the memos contain bad info. Rely on the flier and tri-fold pamphlet for best info.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

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    CA_Libertarian wrote:
    mjones wrote:

    ...Also Correct, simple posession is not prohibted. Therefore the burden of proof is on the prosecution.

    One of our members was recently convicted under another statute due to some twisting of logic and ignorance of case law.
    You say ignorance, I say intentional disregard with malice. Tomayto, tomohto.

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