Page 1 of 2 12 LastLast
Results 1 to 25 of 44

Thread: Open Carry with a CCW

  1. #1
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    Hello all ! I am new to all this Open carry stuff,as I just heard a Radio station talking about it yesterday ( Jazz Mc Kay KNZR)

    I want to find out more info on Open Carry when one has a CCW permit as I do.

    I have looked at the U Tube videos, and have went to a few sites so far but can not find any info about Open Carry with a CCW.

    I live in Tehachapiat the south of the Kern County and have had my CCW for a few years now.

    I want to know what kind of conflicks Open Carry would have with My CCW Permit.

    Is there anything I would need to do when carring Open or isit even allowed to do with a CCW?

    Can I do both at the same time?

    and any other info woud be greatly helpfull.

    Kevn

  2. #2
    Regular Member
    Join Date
    Oct 2009
    Location
    Goldsboro, , USA
    Posts
    184

    Post imported post

    Check your state laws regarding open carry. It seems that some police officers (Michigan?) falsely believe and are advising that if you have a CHP that you can't OC. If your state is OC friendly then a CHP makes no difference. On several of Kimberguys videos I have watched the cop tell him that he can't OC because he has a CHP. This is akin to believeing that if the speed limit is 55 then you can't drive 45. A CHP is just government approval for an extension of your 2A rights (which shouldn't need an extension anyway).

    Again, check your states OC laws.

  3. #3
    Regular Member
    Join Date
    Sep 2009
    Location
    Vista, California, USA
    Posts
    516

    Post imported post

    As long as the OC firearm is not loaded, youshould be ablecarry it and your concealed loaded weapon at the same time.

    I am not a lawyer, but I stayed at a Holiday Inn Express once.

  4. #4
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    insanityranch wrote:
    Hello all ! I am new to all this Open carry stuff,as I just heard a Radio station talking about it yesterday ( Jazz Mc Kay KNZR)

    I want to find out more info on Open Carry when one has a CCW permit as I do.

    I have looked at the U Tube videos, and have went to a few sites so far but can not find any info about Open Carry with a CCW.

    I live in Tehachapiat the south of the Kern County and have had my CCW for a few years now.

    I want to know what kind of conflicks Open Carry would have with My CCW Permit.

    Is there anything I would need to do when carring Open or isit even allowed to do with a CCW?

    Can I do both at the same time?

    and any other info woud be greatly helpfull.

    Kevn
    If you have a LTC in California,thepiece fo rice paper you were issued is printed with the following words;

    "License To Carry Concealed Pistol, Revolver, or Other Firearm Within the State of California"

    The license is positively worded and allows or permits concealing a pistol, revolver or other (concealable) firearm. In essense this is the "Get out of jail free" card with only one use- that is to exempt an individual from violation of 12025. It does NOT prohibit other lawful behavior, such as exposed carry.

    12050 does have a clause in it however, that makes it possible for the issuing agent to place a reasonable restriction on the place time and manner a firearm may be carried. Those restrictions must by printed on the license, in order to have any effect- as law enforcement agencies other than the issuing agency couldnt possibly be aware of such restrictions if they are not published.

    That being said; even self-professedpro-gun, pro-issuance sheriff's can be ill-willed, bad-tempered tyrants. There still exists the belief that a LTC can be revoked for any reason.

    I can speak from experience; after my first police encounter while openly carrying, my LTC concealed was revoked by the Sheriff in response to my lawful activities.

    I would recommend not openly carrying until the licensing issue is clarified here in California, as this would probably jeopardize your good standing with your license.

    If you were determined to join in open carry activities, I would recommend sterile carry- having no photo ID or your LTC on your person. While this is counter-intuitive for a licensee to go without the "Get out of Jail Free" card, this is the only means by which you could protect your license.

    I hope this adequately answers your questions.
    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

  5. #5
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    C3 covered all the bases.

    I LOC at times using a 12050 license as an exemption to 12031 & 626.9. I have a clear understanding of the risks involved and the possibility of my license being pulled as a result of lawful activity.

    My personal recomendation is that you do not try this...yet. Wait until we have Shall Issue licenses.

  6. #6
    Regular Member
    Join Date
    Aug 2008
    Location
    A, A
    Posts
    612

    Post imported post

    Having lived in Cali before I know how confusing the laws are on carrying a weapon period. I would just like to thank all of our California brethren for their continued efforts to clarify the law and bring them into accordance with the Constitution.

    One thing I kept getting told was not only were the permits next to impossible to get but that when you held a permit you were not allowed to OC in any way. Of course the folks I refer to had a very elitist mentality unlike the majority of gun owners.

    This is just personal experience and me babbling a bit..

    Every one have a great and safe weekend.

    Rev. Jim

  7. #7
    Regular Member
    Join Date
    Nov 2009
    Location
    San Francisco Bay Area, ,
    Posts
    78

    Post imported post

    insanityranch wrote:
    Hello all ! I am new to all this Open carry stuff,as I just heard a Radio station talking about it yesterday ( Jazz Mc Kay KNZR)

    I want to find out more info on Open Carry when one has a CCW permit as I do.

    I have looked at the U Tube videos, and have went to a few sites so far but can not find any info about Open Carry with a CCW.

    I live in Tehachapiat the south of the Kern County and have had my CCW for a few years now.

    I want to know what kind of conflicks Open Carry would have with My CCW Permit.

    Is there anything I would need to do when carring Open or isit even allowed to do with a CCW?

    Can I do both at the same time?

    and any other info woud be greatly helpfull.

    Kevn
    Why would you want to Open Carry if you already have a CCW Permit?

  8. #8
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    Poblacht32 wrote:
    Why would you want to Open Carry if you already have a CCW Permit?
    Perhaps you should address that question to me. I have had the benefit of having answered that question about six thousand times.
    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

  9. #9
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    Thanks for the replay.I assume a CHP in you state is a CCW in mine

    the only reason I ask is that in my state a CHP stands for Calif Hwy Patrol

    ( state Police)

  10. #10
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    :what:OOOOOOOOOOOOOOOOOOK

  11. #11
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post





    THANK YOU VERY MUCH

    I will keep all that in mind..



    Kevn

  12. #12
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    In this day and president and all his girls do you think that day will ever come?

    thanks for the respond.....



    Kevn

  13. #13
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    I thank you for your response and I will asking the Sheriff what his op is

    Here in Kern County the Sheriff is pro CCW and will even go so far as to go on the local Bakersfield Radio station telling folks to bring there applications in even is you were turned down by the last Sheriff who by the way was also pro CCW

  14. #14
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    WHY?

    For no other reason then "It is My Right to do anything I want to do that is not breaking the law"

    Each day we loose more and more andwe must all make a stand somewhere, if not formyself then for my Kids & there kids.

    Thanks for the responce

    Kevn

  15. #15
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    I would like to hear your answer as I have sent mine in to the person asking

  16. #16
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    Poblacht32 wrote:
    Why would you want to Open Carry if you already have a CCW Permit?
    Frankly, its more comfortable...

    But it's also faster, and a passive crime deterant.

  17. #17
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    Poblacht32 wrote:
    Why would you want to Open Carry if you already have a CCW Permit?
    insanityranch wrote:
    I would like to hear your answer as I have sent mine in to the person asking

    The short answer is this;

    No piece of paper and no veneratedparchment convey rights to the beneficiary.

    My motivation to carry exposed in spite of being a licensee to conceal, was to exercise the right to bear the common tools of self-defense without the encumbrance of any interference or regulation.



    The longer version is more complicated. That unencumbered exercise that I had hoped I would demonstrate, unfortunately does not exist at this time.

    Here's why.

    1) I carriedheeding PC12031, unloaded. 2) I carried abiding PC626.9 3) I was still a licensee, which made my concealed carry a privilege. 4) In spite of the fact that I was not exercising any of the exemptions, privileges, and immunitiesthe license offers, the license was revoked to injure my right- to put me in my place.

    If the unencumbered right to keep and bear arms existed, we would carry loaded weapons, paying no special regard to our proximity to schools, having no license or other documented permission to do so.

    I am patiently awaiting the outcome of incorporation before continuing my activism so that I do not further jeopardize the advance of liberty fought forin courts- so we may carry arms like free men. In plain sight. Loaded. Without regard to location or license.

    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

  18. #18
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    15

    Post imported post

    ConditionThree wrote:
    Poblacht32 wrote:
    Why would you want to Open Carry if you already have a CCW Permit?

    insanityranch wrote:
    I would like to hear your answer as I have sent mine in to the person asking


    The short answer is this;

    No piece of paper and no veneratedparchment convey rights to the beneficiary.

    My motivation to carry exposed in spite of being a licensee to conceal, was to exercise the right to bear the common tools of self-defense without the encumbrance of any interference or regulation.



    The longer version is more complicated. That unencumbered exercise that I had hoped I would demonstrate, unfortunately does not exist at this time.

    Here's why.

    1) I carriedheeding PC12031, unloaded. 2) I carried abiding PC626.9 3) I was still a licensee, which made my concealed carry a privilege. 4) In spite of the fact that I was not exercising any of the exemptions, privileges, and immunitiesthe license offers, the license was revoked to injure my right- to put me in my place.

    If the unencumbered right to keep and bear arms existed, we would carry loaded weapons, paying no special regard to our proximity to schools, having no license or other documented permission to do so.

    I am patiently awaiting the outcome of incorporation before continuing my activism so that I do not further jeopardize the advance of liberty fought forin courts- so we may carry arms like free men. In plain sight. Loaded. Without regard to location or license.
    I could not have said it better Thank you !

  19. #19
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    mjones wrote:
    I LOC at times using a 12050 license as an exemption to 12031 & 626.9. I have a clear understanding of the risks involved and the possibility of my license being pulled as a result of lawful activity.

    My personal recomendation is that you do not try this...yet. Wait until we have Shall Issue licenses.
    LOC - loaded open carry? Please spell out all acronyms used per our rules - we are writing for the world, not ourselves.

    Last time I looked at the Brady bunch analysis re loaded open carry generally, and within a school zone, I agreed with them - under California law as recently amended, (see 12031 and 629.9, referencing 12050 licenses), a permit to conceal does not work to permit this - only a rural county permit to open carry does, and then again, only in the issuing County.

  20. #20
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    yelohamr wrote:
    As long as the OC firearm is not loaded, youshould be ablecarry it and your concealed loaded weapon at the same time.
    And you can carry a loaded openly carried handgun in unincorporated areas where teh County has not prohibited shooting whether you do or do not have a permit to conceal. See, e.g., People v. Knight; People v. Sugura.

  21. #21
    Banned
    Join Date
    Jul 2009
    Location
    San Diego County, CA, California, USA
    Posts
    1,402

    Post imported post

    Mike wrote:
    mjones wrote:
    I LOC at times using a 12050 license as an exemption to 12031 & 626.9. I have a clear understanding of the risks involved and the possibility of my license being pulled as a result of lawful activity.

    My personal recomendation is that you do not try this...yet. Wait until we have Shall Issue licenses.
    LOC - loaded open carry? Please spell out all acronyms used per our rules - we are writing for the world, not ourselves.

    Last time I looked at the Brady bunch analysis re loaded open carry generally, and within a school zone, I agreed with them - under California law as recently amended, (see 12031 and 629.9, referencing 12050 licenses), a permit to conceal does not work to permit this - only a rural county permit to open carry does, and then again, only in the issuing County.
    I think the cart was put before the horse, as the Brady traitors in and out of government have never let the law stop them. The amendments were recently proposed, not passed (yet).

  22. #22
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    Mike wrote:
    mjones wrote:
    I LOC at times using a 12050 license as an exemption to 12031 & 626.9. I have a clear understanding of the risks involved and the possibility of my license being pulled as a result of lawful activity.

    My personal recomendation is that you do not try this...yet. Wait until we have Shall Issue licenses.
    LOC - loaded open carry? Please spell out all acronyms used per our rules - we are writing for the world, not ourselves.

    Last time I looked at the Brady bunch analysis re loaded open carry generally, and within a school zone, I agreed with them - under California law as recently amended, (see 12031 and 629.9, referencing 12050 licenses), a permit to conceal does not work to permit this - only a rural county permit to open carry does, and then again, only in the issuing County.
    Yes, Loaded.


    12031 hasn't been ammended in a long time, I don't think 626.9 has ever been ammended. I can only surmise we are looking at differring versions of the statutes.

    I use the official state database at http://leginfo.ca.gov/calaw.html

  23. #23
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    N6ATF wrote:
    Mike wrote:
    mjones wrote:
    I LOC at times using a 12050 license as an exemption to 12031 & 626.9. I have a clear understanding of the risks involved and the possibility of my license being pulled as a result of lawful activity.

    My personal recomendation is that you do not try this...yet. Wait until we have Shall Issue licenses.
    LOC - loaded open carry? Please spell out all acronyms used per our rules - we are writing for the world, not ourselves.

    Last time I looked at the Brady bunch analysis re loaded open carry generally, and within a school zone, I agreed with them - under California law as recently amended, (see 12031 and 629.9, referencing 12050 licenses), a permit to conceal does not work to permit this - only a rural county permit to open carry does, and then again, only in the issuing County.
    I think the cart was put before the horse, as the Brady traitors in and out of government have never let the law stop them. The amendments were recently proposed, not passed (yet).
    Ahhhhhh,presuming N6ATF is right, that makes allot more sense

  24. #24
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    N6ATF wrote:
    I think the cart was put before the horse, as the Brady traitors in and out of government have never let the law stop them. The amendments were recently proposed, not passed (yet).
    I can't find the link, but the antis reported that they were successful in passing a clarification that open carry permits issued by rural sheriffs were only good in the issuing county - everybody agreed on this? The relevant new tex in 12050 is "The license shall be valid only in the county in which the license was originally issued."

    OK, next is the exemptions for carrying loaded in 626.9 - Section 629.6(l)provides that"This section does not apply to a . . . a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of
    Chapter 1 of Title 2 of Part 4, . . ." Seems to me that "pursuant to" means that you must arry the gun as privleged by the license - either openly, or concealed, as specified on the license.

    Finally letslook at the the general prohibition on carrying loaded guns in public areas of incorporated areas and public areas of unincorporated areas where the County has banned all shooting - Section 12031(b) provides that "Subdivision (a) shall not apply to any of the following: . . . (6) The carrying of pistols, revolvers, or other firearms capable of being concealed upon the person by persons who are authorized to carry those weapons pursuant to Article 3 (commencing with Section
    12050) of Chapter 1 of Title 2 of Part 4."

    Reading the the language of these two statutes together, the symmetry is illuminating - both statutory exemption refer to Section 12050 which gives birth to two explicitly different types of licenses - one to open carry in the issuing County, and one to conceal carry throughout the state of California. Reading these 3 statutes together, and noting the clarification that open carrier licenses are valid only in issuing Counties, the argument that any 12050 license, no matter which kind, privileges the holder to open carry loaded guns anywhere in Califonria,where 12031 and/or 626.9 would otherwise forbid it, would do violence to the clear intent of the legislature as demonstrated by a straightforward reading of the text of the 3 statutes.



  25. #25
    Banned
    Join Date
    Jul 2009
    Location
    San Diego County, CA, California, USA
    Posts
    1,402

    Post imported post

    Mike wrote:
    N6ATF wrote:
    I think the cart was put before the horse, as the Brady traitors in and out of government have never let the law stop them. The amendments were recently proposed, not passed (yet).
    I can't find the link, but the antis reported that they were successful in passing a clarification that open carry permits issued by rural sheriffs were only good in the issuing county - everybody agreed on this? The relevant new tex in 12050 is "The license shall be valid only in the county in which the license was originally issued."
    That's the problem. Believing anything the antis report.

    Lacks the rest of the text:
    Code:
    (ii) If the licensee's place of employment or business was the
    basis for issuance of the license pursuant to subparagraph (A) of
    paragraph (1), the license is valid for any period of time not to
    exceed 90 days from the date of the license. The license shall be
    valid only in the county in which the license was originally issued.
    So, if not work-related, it matters not.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •