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Thread: UOC while driving

  1. #1
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    It seems to me that from 12025, you can actually drive a car with your Unloaded, holstered handgun and be within the law. Am I correct on this?

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    Hello inetprez,

    I would not do it, however the following thread relates to your question:

    Moved: BREAKING NEWS: San Francisco OPEN CARRIER found NOT GUILTY by JURY
    San Francisco DA who charged Open Carrier with Concealed in Vehicle violation looses Jury Trial

    If an SF jury finds not guilty in this case, I thinkyou may be OK. Many Kali LEOs will arrest you and let you prove yourself innocent in court with no retribution to themselves for being ignorant of the law.

    I must clarify what you wrote, by holstered you mean open and not concealed.

    markm

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    Regular Member 1245A Defender's Avatar
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    watch out for the GFSZ, otherwise yes
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    MarkBofRAdvocate wrote:
    ...Many Kali LEOs will arrest you and let you prove yourself innocent in court with no retribution to themselves for being ignorant of the law...
    From the collective experience of this forum... it's a rarety.

    So, while it's a risk, it's one of the lesser ones, IMO.
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    CA_Libertarian wrote:
    MarkBofRAdvocate wrote:
    ...Many Kali LEOs will arrest you and let you prove yourself innocent in court with no retribution to themselves for being ignorant of the law...
    From the collective experience of this forum... it's a rarety.

    So, while it's a risk, it's one of the lesser ones, IMO.
    Hello CA_Libertarian,

    I apologize for not qualifying my generalization. You are correct, it is a rarety for somebody to be arrested for transporting a firearm legally.

    I think it is a good idea to secure your handgun in a locked container while driving in incorporated territories as there are to many variables. There are too many school zones that you may drive through accidentally.

    What if you planned your route but a police incident caused a detour and you were forced to drive through a school zone?

    Also, after reading about the incidents and following some police blogs regardingcarrying and transporting guns, it is best to exercise your1st,2nd, 4th, andif trouble occurs--your 5th amendmentrights at a meet-up or OC BBQ whereillegal police actions may be witnessed and recorded properly.

    The car is a scary thing for our embattledCaliforniaLEOs. After all, they have told us on other blogs and during incidents with OCers that all armed people are a threat to the people behind the badge (again--I am GENERALIZING--I am thinking bottom of the barrel LEOs). These bottom-barrel LEOs probably drop a load in their pants anytime they see a legally possesed gun in a vehicle.

    Thanks for the clarification.

    markm

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    I like to 4x4, hike, camp and adventure in the mountains and when I visit CA to see family I usually take some time to do this - which involves me going on forest service roads and logging roads far away from anywhere where CHP patrols -

    My personally policy is to LUCC until I turn off of a double yellow lined hwy onto a dirt road - (there are never school zones around there and these are places where shooting is not banned, unincorporated parts of counties, etc.) -

    Once off the blacktop, I always go LOC on my hip in the car -

    I have sometimes run into random people in the woods, there are known bears and tweakers and there was word of an armed road block in one mountain subdivision on a road I had traveled but it happened when I wasn't there -

    When I get back to a blacktop, I figure that CHP travels it so there's only a tiny chance of an armed road block or random BGs, so I go back to LUCC -

    my two cents on vehicle OC in CA -

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    Regular Member demnogis's Avatar
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    I rode while OCing for most of 2009 (before the stand down) and would drive my car or my girlfriend's jeep in areas I knew there were no schools nearby.

    It is still suggested that while on the road, if in unfamiliar territory, to store the firearm in a 12025(g) compliant case.
    Gun control isn't about guns -- it is about control.

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    I spent about 2 hours in Google Earth going over Modesto. It is extremely difficult, if not impossible, to navigate through Modesto without entering a GFSZ. The majority of the schools are not visible from main roads and most of them I was not even aware of until I did this project. I would venture to say that schools are strategically placed so that the need to city wide gun bans are not necessary. Just piggyback on the 626.9 State law.

    I don't think most people realize just how far 1000' really is. It is roughly 2 tenths of a mile. That's a long way. Most of the GFSZ's in Modesto overlap with another one.

    Best bet is to lock it up.

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    SomeGuyInCali wrote:
    I spent about 2 hours in Google Earth going over Modesto. It is extremely difficult, if not impossible, to navigate through Modesto without entering a GFSZ. The majority of the schools are not visible from main roads and most of them I was not even aware of until I did this project...
    Which is one reason why I've only open carried in Modesto a handful of times. And at least one of those times I carried I later found out I had unknowingly been in a GFSZ. While this exempts one from the law, I didn't want to rely on an exemption. I finally just got to the point I would LUCC in town.

    As soon as we get some case law overturning 626.9, Modesto is going to be a MUCH safer place to live/work/visit (as will every other city).
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    SomeGuyInCali wrote:
    I spent about 2 hours in Google Earth going over Modesto. It is extremely difficult, if not impossible, to navigate through Modesto without entering a GFSZ. The majority of the schools are not visible from main roads and most of them I was not even aware of until I did this project. I would venture to say that schools are strategically placed so that the need to city wide gun bans are not necessary. Just piggyback on the 626.9 State law.

    I don't think most people realize just how far 1000' really is. It is roughly 2 tenths of a mile. That's a long way. Most of the GFSZ's in Modesto overlap with another one.

    Best bet is to lock it up.
    I've noticed that Google Earth lists lots more schools than just K-12 schools. Like beauty schools, misc other stuff as well. Those we don't have to worry about, right?

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    inetprez wrote:
    It seems to me that from 12025, you can actually drive a car with your Unloaded, holstered handgun and be within the law. Am I correct on this?
    I have talked to Riverside Sheriff Deputies, Orange County Deputies, Rancho Mirage Police, and a couple of CHP officers. They've all said it was Ok, but you have to be careful of school zones, and if you get pulled over for any reason, KEEP YOUR HANDS OFF YOUR GUN. The CHP officers even said it would be a good idea to to just put your arms out the window. If they feel threatened they will shoot.

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    System posted errors

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    PincheOgro1 wrote:
    SomeGuyInCali wrote:
    I spent about 2 hours in Google Earth going over Modesto...

    Best bet is to lock it up.
    I've noticed that Google Earth lists lots more schools than just K-12 schools. Like beauty schools, misc other stuff as well. Those we don't have to worry about, right?

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    PincheOgro1 wrote:
    SomeGuyInCali wrote:
    ...
    I've noticed that Google Earth lists lots more schools than just K-12 schools. Like beauty schools, misc other stuff as well. Those we don't have to worry about, right?
    Right.

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    PincheOgro1 wrote:
    I have talked to Riverside Sheriff Deputies, Orange County Deputies, Rancho Mirage Police, and a couple of CHP officers. They've all said it was Ok, but you have to be careful of school zones, and if you get pulled over for any reason, KEEP YOUR HANDS OFF YOUR GUN. The CHP officers even said it would be a good idea to to just put your arms out the window. If they feel threatened they will shoot.
    OK, this is important - in states where RKBA has been respected for a long time, it is well known that when interacting with LEOs while armed: move very slowly, keep hands either sticking out the window until you can inform the LEO you are lawfully armed and/or keep them visible gripping the top of the steering wheel -

    Immediately inform the LEO you are lawfully armed and offer your license - in most states, if you have a CCW, you have to inform the LEO and provide it with your license -

    I usually wait and ask permission and move slowly to open my glove box - no LEO wants to see someone scrambling for the glovebox when they're getting pulled over - since my registration and insurance are in there, I wait and ask and move super slow out of respect -

    Since the traffic stop is among the most dangerous and harrowing of the LEO's experience, simple steps like this can mean the difference between living and dying and might actually (as has been my experience), get you off and not cited where the LEO realizes you are actually going out of your way to make his/her job less stressful re the traffic stop -

    First rule, NO FAST MOVES.....

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    TatankaGap wrote:
    move very slowly, keep hands either sticking out the window until you can inform the LEO you are lawfully armed and/or keep them visible gripping the top of the steering wheel -

    Immediately inform the LEO you are lawfully armed and offer your license - in most states, if you have a CCW, you have to inform the LEO and provide it with your license -

    I usually wait and ask permission and move slowly to open my glove box - no LEO wants to see someone scrambling for the glovebox when they're getting pulled over - since my registration and insurance are in there, I wait and ask and move super slow out of respect -

    Since the traffic stop is among the most dangerous and harrowing of the LEO's experience, simple steps like this can mean the difference between living and dying and might actually (as has been my experience), get you off and not cited where the LEO realizes you are actually going out of your way to make his/her job less stressful re the traffic stop -

    First rule, NO FAST MOVES.....
    +100000000

    can not be said any better.

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    TatankaGap wrote:
    ...in most states, if you have a CCW, you have to inform the LEO and provide it with your license -
    Citation please? I don't need a list of statutes from every state, but at least cite to an authority. I have trouble believing this legal obligation exists...
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    in michigan,, if youre contacted by LEO, you must inform immediately, if you are concealed carrying!!
    i think thats true in alaska also
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  19. #19
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    Unfortunately some states won't let you exercise your 2nd and 5th amendment protections at the same time. Alaska is notable for this. Even though you are not required to possess a CCW to carry concealed there, you are required to immediately notify a peace officer that you are carrying a weapon if contacted. That means even if the cop says "good morning" to you. I would like to believe that such a law would not stand up to a constitutional challenge, but I fear very much that it would, especially after the unfortunate revelation of Scalia's views on concealed carry in the McDonald oral arguments.
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    1245A Defender wrote:
    watch out for the GFSZ, otherwise yes
    Is the GFSZ in effect 24/7 or just during school hours???

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    Poblacht32 wrote:
    1245A Defender wrote:
    watch out for the GFSZ, otherwise yes
    Is the GFSZ in effect 24/7 or just during school hours???
    24/7/52 all the time

    buy a lock box,, put in your "unloaded gun" and your loaded mags close it and lock it
    you are now safe from the GFSZ restriction
    or you could just lock your "unloded gun" and loaded mags in the trunk, thats just as legal
    but a lock box is better cause your gun is near you, easier to get at in case of emergancy
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  22. #22
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    1245A Defender wrote:
    Poblacht32 wrote:
    1245A Defender wrote:
    watch out for the GFSZ, otherwise yes
    Is the GFSZ in effect 24/7 or just during school hours???
    24/7/52 all the time

    buy a lock box,, put in your "unloaded gun" and your loaded mags close it and lock it
    you are now safe from the GFSZ restriction
    or you could just lock your "unloded gun" and loaded mags in the trunk, thats just as legal
    but a lock box is better cause your gun is near you, easier to get at in case of emergancy
    So do loaded mags always have to be locked up next to the gun? Just wondering if it's illegal to have loaded mags out in the open in your vehicle.Thanks for the info above though!

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    Regular Member 1245A Defender's Avatar
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    as long as your gun is locked up you can stick your mags,,,, anywhere!

    BUT!!! when your unloaded gun is " VISABLE ",,, then you LOADED mags must also be visable!!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  24. #24
    Regular Member PincheOgro1's Avatar
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    Poblacht32 wrote:
    1245A Defender wrote:
    watch out for the GFSZ, otherwise yes
    Is the GFSZ in effect 24/7 or just during school hours???
    That was my question in another thread. PC626.9 gives no time frame. So one would assume that, yes it's 24/7. I'd hate to be the one that tested the theory. If you want to see the discussion look for PC626 and PC626.9, the definitions there in. It is now on the second page of threads. Hope it helps.

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    Poblacht32 wrote:
    1245A Defender wrote:
    watch out for the GFSZ, otherwise yes
    Is the GFSZ in effect 24/7 or just during school hours???
    GFSZ for K-12 puplic or private 24/7/365

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