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Thread: Couple of basic Cali questions

  1. #1
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    I don't live in California but I do travel through from time to time and am trying to understand your laws. I've got a few questions:

    Can you open carry an unloaded firearm in every city and county in California?
    -If not, what major areas (cities/counties) can you NOT open carry in?

    If you're carrying an unloaded firearm, can you carry ammunition for it in a magazine as long as the magazine is visible, correct? Are there restrictions or limitations on this?

    How do you refer to the "unloaded check" that LEO's perform?

    If you have a concealed permit, does that change how you can open carry?

    How does an open carry permit benefit you?

    Where can you not carry at all? Here's what I have so far:
    Post office, national parks, State parks, and "Sterile areas".


    I'm sure I'll have more in a bit. Thanks for the clarifications.





  2. #2
    State Pioneer ConditionThree's Avatar
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    Can you open carry an unloaded firearm in every city and county in California?
    -If not, what major areas (cities/counties) can you NOT open carry in?


    I am not aware of any jurisdiction that has established a ordinance that has prohibited this form of possession and transportation. I believe that state law would preempt such an ordinance.

    If you're carrying an unloaded firearm, can you carry ammunition for it in a magazine as long as the magazine is visible, correct?

    Yes. As long as the magazine is visable and not attached to the firearm.

    Are there restrictions or limitations on this?

    Yes. Magazines are limited to a maximum of ten rounds. Importation of standard capacity magazines is prohibited.

    How do you refer to the "unloaded check" that LEO's perform?

    It is generally refered to as a 12031 (12-OH-31) check or as an (e) check

    If you have a concealed permit, does that change how you can open carry?

    No. Recent changes to the wording in existing penal code has removed the exemptions that licensees could use to loaded open carry under a 12050 license. Effectively, the license to carry concealed does nothing for exposed carry.

    How does an open carry permit benefit you?

    Find someone in California that was issued a license to carry loaded and exposed, and they might be able to tell you. Hypothectically, if one were issued the licensee would be able to carry everywhere any 12050 license holder could.

    Where can you not carry at all? Here's what I have so far:
    Post office, national parks, State parks, and "Sterile areas".


    You will need to add to that list any public building (PC171b). And within a 1000 ft of a school (PC626.9).
    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
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  3. #3
    Regular Member mjones's Avatar
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    Excellent response C3, but have a couple of 'small detail' corrections.

    Some municipal codes and even county codes contain restrictions for mere posession of a firearm. One that comes to mind is the Orange County Ordinance prohibiting firearms in County Parks. However, I too believe that State Preemption makes them moot. Unfortunately, that isn't entirely a certainty....I would have to research it some more, but I think there is case-law both for and against this premise.

    A 12050 license for Concealed carry is still a valid exemption for Unloaded Open Carry per 171b and 626.9 - they haven't been reworded like 12031 has. Unfortunately Hibby, this is a moot point as the likely hood of an out of stater getting a non-resident permit would be like winning the lottery. Then to top it off, even if you did, it would only be good for 90 days and only in the county of issuance (not statewide)

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