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Thread: UOC in San Jose, Caa

  1. #1
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    My name is Johnny and I just recently joined this forum, but I think it's a great forum with a lot of good info!

    So, after reading several pages I decided to call the SJPD today and asked about UOC.
    What the officer on the other end of the phone told me was that it is totally legal to carry an unloaded, unconcealed gun in a belt holster. I then asked him about Ammo and he said I was not allowed to carry any ammo on my self while carrying a gun, that would be considered a loaded gun and would be a felony and I would be arrested.

    After that I called the Sheriff's department and asked the same questions. The officer on the other end also told me that it is totally legal to carry a unloaded unconcealed gun in a belt holster on my belt. I then also asked about ammo and got a different answer, he said I could carry ammo on myself, even in a loaded magazine as long as the magazine was not inserted in the magazine well. He also told me that the magazine can not be concealed in any way, it has to be clearly visible. He added that if my shirt or backpack or any thing else even partially covered the gun it would be considered concealed. He also pointed out that there are a lot of criminals out there that are looking for ways to illegally get a hold of free guns and If I'm carrying a gun I could become a target for such criminals. I should be careful who I am around and who is close to me when I carry a gun.


    How come I get two different answers from the SJPD and from the Sheriffs department?

  2. #2
    Regular Member OPS MARINE's Avatar
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    I've got this. I will PM Johnny with the necessary info.
    "Most people respect the badge. Everybody... respects the gun."

  3. #3
    Regular Member OPS MARINE's Avatar
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    OPS MARINE wrote:
    I've got this. I will PM Johnny with the necessary info.
    I was very quick to act and provide Johnny with the necessary links to read and print the literature for study. I did not allow others the time for input, and feel as though I shut everyone else out in the process. It was not my intent to alienate you or act as though I had all the answers, and I apologize for that.

    -Si Vis Pacem, Para Bellum
    "Most people respect the badge. Everybody... respects the gun."

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    Sounds like San Jose needs needs some schooling. What a bunch of maroons.

  5. #5
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    Johnny Koonce wrote:
    My name is Johnny and I just recently joined this forum, but I think it's a great forum with a lot of good info!

    So, after reading several pages I decided to call the SJPD today and asked about UOC.
    What the officer on the other end of the phone told me was that it is totally legal to carry an unloaded, unconcealed gun in a belt holster. I then asked him about Ammo and he said I was not allowed to carry any ammo on my self while carrying a gun, that would be considered a loaded gun and would be a felony and I would be arrested.

    After that I called the Sheriff's department and asked the same questions. The officer on the other end also told me that it is totally legal to carry a unloaded unconcealed gun in a belt holster on my belt. I then also asked about ammo and got a different answer, he said I could carry ammo on myself, even in a loaded magazine as long as the magazine was not inserted in the magazine well. He also told me that the magazine can not be concealed in any way, it has to be clearly visible. He added that if my shirt or backpack or any thing else even partially covered the gun it would be considered concealed. He also pointed out that there are a lot of criminals out there that are looking for ways to illegally get a hold of free guns and If I'm carrying a gun I could become a target for such criminals. I should be careful who I am around and who is close to me when I carry a gun.


    How come I get two different answers from the SJPD and from the Sheriffs department?
    You get varying accuracy from different departments because they are not equally informed on the topic. While this has been practiced as early as summer 2006, the numbers of open carriers is still relatively low... so the need for leo's to be completely or accurately briefed has been minimal.

    The good news is there are 10 memos detailing the legal aspects of open carry in California, so there is an interest for the authorities to respond correctly. But if you review them closely, they all have discrepancies that are not congruous with our studied research.

    It is because of this, its generally not recommended to solicit legal information from leo's- this in addition to their injection of editorial and warnings of dire consequences.

    Possession of both a firearm and the ammunition that it fires is not a crime, unless you are a felon, or in the act of committing street gang crimes. Please continue to read the forum as well as the pertinent penal codes so you will have a completed understanding of the legalities before you decide to practice open carry.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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    OPS MARINE wrote:
    OPS MARINE wrote:
    I've got this.* I will PM Johnny with the necessary info.
    I was very quick to act and provide Johnny with the necessary links to read and print the literature for study.* I did not allow others the time for input, and feel as though I shut everyone else out in the process.* It was not my intent to alienate you or act as though I had all the answers, and I apologize for that.

    -Si Vis Pacem, Para Bellum
    Its cool, no biggie.

  7. #7
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    pullnshoot25 wrote:
    Sounds like San Jose needs needs some schooling. What a bunch of maroons.
    I had no idea that the SJPD's uniforms were maroon in color. The one's I've seen are blue.
    Sorry, couldn't resist.

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    Hawaii FiveO wrote:
    pullnshoot25 wrote:
    Sounds like San Jose needs needs some schooling. What a bunch of maroons.
    I had no idea that the SJPD's uniforms were maroon in color.* The one's I've seen are blue.
    Sorry, couldn't resist.
    Hehe. Its a Bugs Bunny joke

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    Thanks for the responses, guys.
    I've been reading the info on this board and have read the fliers and pamphlets in the past days and printed them out, made copies and carry them in my car. I also found and read the memo's and info sheets that were sent to Sacramento/Sunnyvale/ and other police departments and the Case Alert Memorandum sent to all California Police Chiefs and Sheriffs by the Police officers association. I printed these out also. I don't claim to know all the answers, by no means!
    I called the SJPD and the Sheriffs Dept. to see what they would say. I just wanted to know if they are informed on this subject or not.


    Are there any plans on having a UOC outing in San Jose in 2010?

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    pullnshoot25 wrote:
    Hawaii FiveO wrote:
    pullnshoot25 wrote:
    Sounds like San Jose needs needs some schooling. What a bunch of maroons.
    I had no idea that the SJPD's uniforms were maroon in color. The one's I've seen are blue.
    Sorry, couldn't resist.
    Hehe. Its a Bugs Bunny joke
    Really? Last time I saw a Bugs Bunny cartoon was about65 years ago when I was 7 years old.

    Hmm, just realized your reply to me was very on topic. Wasn't there acharacter that hunted Bugs with a shotgun? And iirc it wasa double barrel too! Elmer Fudd was his name I think.

  11. #11
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    Johnny,

    I would highly recommend that you read up on this stuff a lot, and understand all of the laws involved BEFORE you UOC. There is a recent story out of San Jose where a guy heard about the legality of this practice, but was unaware of the Gun Free School Zone, and ended up getting arrested.

    http://www.mercurynews.com/ci_14020859?nclick_check=1

    You just want to be sure that you are aware of all of the intricacy in these laws, so you do not end up being charge with some sort of gun crime, and having your right yo bear arms taken from you.

    I think you are in a good place to learn these things, and an organized UOC event might be a good way to start.

  12. #12
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    Thanks, I read that article in the Mercury, what a shame.
    I do want to learn/read as much as I can before I attempt to UOC. I want to know that what I'm doing is right and that I have the Law on my side!
    I appreciate all the articles a.s.o. that you guys have posted for me to read and the PM's that I've gotten!!
    I don't plan on just walking out my door and UOC'ing any time soon, at least not before I'm 100% sure of where I stand. In fact I think I would probably not do it on my own the first time anyway, an organized outing would be the best time for me to UOC the first time. If any body plans an outing in San Jose, please let me know!

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    Johnny Koonce wrote:
    Thanks, I read that article in the Mercury, what a shame.
    I do want to learn/read as much as I can before I attempt to UOC. I want to know that what I'm doing is right and that I have the Law on my side!
    I appreciate all the articles a.s.o. that you guys have posted for me to read and the PM's that I've gotten!!
    I don't plan on just walking out my door and UOC'ing any time soon, at least not before I'm 100% sure of where I stand. In fact I think I would probably not do it on my own the first time anyway, an organized outing would be the best time for me to UOC the first time. If any body plans an outing in San Jose, please let me know!

    YOU ABOLUTELY HAVE THE LETTER OF THE LAW ON YOUR SIDE. However, not all LEO's will see it that way even if they have been properly informed. Be prepaired to be "treated like a criminal" and take proper precautions as detailed in this forum.

    We are having a UOC meetup in Livermore tomorrow morning... Please look for the thread here on the forum.

    Happy New Year & Carry On,

    Livermoron

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    Anti-Saldana Freedom Fighter bad_ace's Avatar
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    Johnny Koonce,

    One reason San Jose is still behind is old misinformation in the department and a lack of training. The Santa Clara Sheriff's Office has got it right because of the UOCers in the bay area carrying on a daily basis. Sunnyvale PD is right behind them in compliance. San Jose will get with the program soon enough.

    Johnny Koonce wrote:
    In fact I think I would probably not do it on my own the first time anyway, an organized outing would be the best time for me to UOC the first time. If any body plans an outing in San Jose, please let me know!
    Folks in Livermore are getting together tomorrow morning. If you can't make that feel free to join me for a cup of Joe in friendly Cupertino anytime.

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    I am thinking about taking copies of all the Fliers/pamphlets/info sheets/memos that I have printed out and dropping them off at the SJPD. do you guys think this is a good idea or a bad idea?

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Johnny Koonce wrote:
    I am thinking about taking copies of all the Fliers/pamphlets/info sheets/memos that I have printed out and dropping them off at the SJPD. do you guys think this is a good idea or a bad idea?
    Can't hurt. Be sure to NOT open carry because you'll be in a public building. I also wouldn't provide any personal information.

  18. #18
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    bad_ace wrote
    If you can't make that feel free to join me for a cup of Joe in friendly Cupertino anytime.
    Bad Ace, I would like to take you up on that offer in the not so distant future, I'll PM you. Thanks for the offer! Maybe we can get a couple guys to get together.

  19. #19
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    bigtoe416 wrote:
    Johnny Koonce wrote:
    Can't hurt. Be sure to NOT open carry because you'll be in a public building. I also wouldn't provide any personal information.
    Yes, NO UOC any where in a police office. The tip on personal info is good also.

    I think I'll stop by there next week.

  20. #20
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    Johnny Koonce wrote:
    I am thinking about taking copies of all the Fliers/pamphlets/info sheets/memos that I have printed out and dropping them off at the SJPD. do you guys think this is a good idea or a bad idea?
    Make sure an actual officer gets the information.

  21. #21
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    pullnshoot25 wrote
    Make sure an actual officer gets the information.
    Yes, I'll see if there is a Sargent on duty that I can talk to.

  22. #22
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    This just goes to show that many of our LEO's here in CA. are not up to date with the UOC laws here. It makes it risky to Open Carry when you can't even trust your local police officers to support you.

    More needs to be done to educate our local police departments/Sheriff's on this issue.

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