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Thread: SERIOUS IMPORTANT QUESTION

  1. #1
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    URGENT:

    I have asked questions and researched the California Penal Code and can find NO PROHIBITION which would prevent someone who is 18, 19 or 20 years of age from OPENLY CARRYING AN UNLOADED FIREARM.

    I am 61 so it's safe to assume that this question does NOT pertain to me personally.

    I have found that individuals can purchase, possess and carry firearms if they are at least 18 years of age and are not disqualified by law as explained in this explanation:

    A U.S. citizen or legal resident over age 18 may carry any pistol, revolver, or other firearm capable of being concealed upon the person anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. Section 12026(a). A permit or license is not required for a person to carry within these locations, as long as he or she may legally purchase or possess firearms under state law. Sections 12026(b), 12031(h).

    The question is very simple:

    Is there a minimum age for open unloaded carry if the person is over 18?

    Serious question, serious issue and a valid reason to ask!

    If someone can point to any law that prohibits open unloaded carry by individuals who are 18, 19 or 20, please respond with exact provision(s) of the California Penal Code.

    Personally, I don't think a legal prohibition exists.

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    I always thought that if you were old enough to own a handgun (18 yrs) then you could open carry one. I am not a lawyer, but I think you are right. Sorry I couldn't be of more help.
    When injustice becomes law, resistance becomes duty.

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    I do not have socks older than Ed.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The rights existence is all the reason he needs.

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    Gundude wrote:
    I do not have socks older than Ed.
    +1!
    When injustice becomes law, resistance becomes duty.

  5. #5
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    In California, you must be 21 years of age to own a handgun.

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    alrossitto wrote:
    In California, you must be 21 years of age to own a handgun.
    Quote Originally Posted by jpierce
    7) If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

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    alrossitto wrote:
    In California, you must be 21 years of age to own a handgun.
    Really? California state law says otherwise...


    12026. (a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person. (b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. (c) Nothing in this section shall be construed as affecting the application of Section 12031.

  8. #8
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    I take that back! Wow......thanks for setting me straight on this....have lived in California for 35 of my 37 years and did not know this.....(foot in mouth)

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    I think most states set min age to own/open cary handguns at 18 - federal law does same, though arguably beyond Congress' power to set such age of majority rles, see Lopez.

  10. #10
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    The only handgun-related stipulation I'm aware of is a prohibition on BUYING a handgun if you're under 21 years of age. To my knowledge, there is no prohibition on borrowing, receiving as a gift, possessing, or carrying a handgun by person of at least 18 years of age.

    IANAL, etc.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  11. #11
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    Technically if im reading it correctly they could be age 16 and posses if one of the follwoing is true, I know that the original question was for someone over the age of 18, but I thought this might be useful as it pertains to someone under the age of 18, this is directly from the States Hangun Saftey Course manual from their website..


    Possession of a Handgun or Live Ammunition by Minors


    It is unlawful for a minor to possess a handgun or live ammunition unless one


    of the following circumstances exists:


    The minor is accompanied by his or her parent or legal guardian and the


    minor is actively engaged in a lawful recreational sporting, ranching or


    hunting activity, or a motion picture, television or other entertainment


    event;


    The minor is accompanied by a responsible adult and has prior written


    consent of his or her parent or legal guardian and is involved in one


    of the activities cited above; and


    The minor is at least 16 years of age, has prior written consent of his


    or her parent or legal guardian, and the minor is involved in one of

    the activities cited above (PC section 12101).

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