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CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
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wewd wrote:
Brada2 wrote:
wewd wrote:
Sometimes I wish I were in Bakersfield because in Kern county once you are outside of incorporated city limits, you can carry loaded. No county bans on shooting there.

i actually live in oildale, so does that mean i COULD carry loaded.......i dont think i would do that just yet......so far i only OC when i take my dog out @ 3-4 in the morning.....(so there's not much going on)

brada2

Oildale is unincorporated, so yes, you could carry loaded in Oildale. But you must be sure to never cross into the borders of an incorporated city while carrying loaded, or you will be in violation of PC 12031. Also, in unincorporated territory, police officers do not have any authority to conduct 12031(e) checks, so you are free to refuse them. And even though it is your legal right to carry loaded in unincorporated Kern county, the sheriff's department may not all know the laws, and you could still face harassment and even false arrest. It's up to you to decide whether you want to do it.

Here's a map of Kern county, with Oildale highlighted in red, showing what areas are incorporated. All of the gray areas are incorporated cities, and you may not carry loaded there. All of the white area is safe to carry loaded. The white outlined areas are unincorporated communities.

Whoa! Throw on the brakes, full reverse, etc...

I have yet to see an analysis of Kern's ordinances. Is there NOTHING on the books in Kern prohibiting the discharge of firearms? If there is, any place it is illegal to discharge is also a 12031 violation.

I hope we're not forgetting that there is that "prohibited area" component which makes itillegal to carry loaded in many unincorporated areas.

(If I'm totally missing that this was already covered, my apologies... I just want to make sure nobody gets arrested for overlooking an aspect of the law.)
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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The only Kern County prohibition against discharge that I'm aware of is County Parks. I think Deco cited it above somewhere.

There are areas in Kern County that have a special designation which I can't remember which allows them to establish local ordinances including enforcement and police departments. Even though they aren't true incorporated cities. One such example is Bear Valley near Tehachapi. I know they have their own discharge ban...whether or not it effects 12031 is sort of up in the air...
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
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CA_Libertarian wrote:
Whoa! Throw on the brakes, full reverse, etc...

I have yet to see an analysis of Kern's ordinances. Is there NOTHING on the books in Kern prohibiting the discharge of firearms? If there is, any place it is illegal to discharge is also a 12031 violation.

I hope we're not forgetting that there is that "prohibited area" component which makes it illegal to carry loaded in many unincorporated areas.

(If I'm totally missing that this was already covered, my apologies... I just want to make sure nobody gets arrested for overlooking an aspect of the law.)

http://library.municode.com/HTML/16251/level2/T9_C9.20.html

I posted it earlier in the thread, but that is Kern County's muni code re: weapons. The only county-designated place where discharge is prohibited is in county-owned parks. If there are unincorporated areas where discharge is prohibited in Kern, I could not find them in the muni code. It's been well-publicized on other boards that unincorporated Kern Co. is good to go for LOC. Federally managed lands may have their own discharge regulations, but they must be visibly posted. I still stand by my unqualified, non-lawyerly opinion that it would be legal for him to carry loaded in his unincorporated community of Oildale.
 

SomeGuyInCali

Regular Member
Joined
Jun 21, 2009
Messages
111
Location
Modesto, CA, California, USA
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Brada2 wrote:

thank you for your understanding mudcamper....is everyone here a lawyer?


if i misspoke im truly sorry but i dont think that is a good way to encourage people, especially new members to join you in the fight to protect our rights....ive been reading posts for about 3 days now and it seems like some members here are a bit abrasive.....and for the most part argumentative.

im not here to B***H or try and dictate the rules of this forum, but i think a little understanding could go along way to help our cause starting with the "newbies" here on this forum!

Californians rights are at stake and every informed law abiding citizen helps us along the way.



(i hope i didn't misspeak!) :uhoh:
First, welcome. One of my first posts someone called me a paranoid nut job. LOL
But I agree that everyone being a little more patient with each other and kinder could go a long way here.
 
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