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How is Open Carry in California?

mjones

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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Hollowpoint38 wrote:
That's a lot of reading. I scanned through but I'll read it throughout the next couple days. Thanx for the help!
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Ya, learning the firearms laws in CA seems like a HUGE task at first, but most people grasp it pretty well within a few months of research, questions and answers.

With regard to Open Carry in CA - I would highly recommend you take a looks at http://californiaopencarry.org/for lots of details, case law, etc
 
Decoligny

Decoligny

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Nov 29, 2007
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1,865
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Rosamond, California, USA
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derek_nuevo wrote:
I was pulled over yesterday, and while talking with the cop about OC, he said you cannot have a loaded magazine on your person while carrying a gun. I asked him what about revolvers, he wasnt real sure, but he said if the bullets are on you, its considered being armed. Is he just bullsh*tting me so i wont carry a gun. Whats going on? I was thinking about printing out all the laws and everything, and then having the chief of police initial it or something, and carry it whenever I have my gun.
Click to expand...

This officer is obviously confusing you with a criminal.

If you have the intent to commit a felony, then under PC 12023 and 12001(i), you can't have a gun, and the ammo for that gun in the immediate possession of the same person.

If you are visiting the State Capitol grounds or the offices of the legislature, then under PC 171e you can't have the gun, and the ammo for that gun in the immediate possession of the same person.

If you are at a gun show, then under PC 12071.4you can't have the gun, and the ammo for that gun in the immediate possession of the same person.

These are about the only times when having a gun, and having ammunition for that gun on your person at the same time meets the legal definition of "a loaded gun".

This can be easily overcome by carrying the gun, and having your wife/girlfriend/etc carry the ammo.
 
PincheOgro1

PincheOgro1

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Joined
Dec 7, 2009
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420
Location
Perris, Ca., California, USA
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Decoligny wrote:
derek_nuevo wrote:
I was pulled over yesterday, and while talking with the cop about OC, he said you cannot have a loaded magazine on your person while carrying a gun. I asked him what about revolvers, he wasnt real sure, but he said if the bullets are on you, its considered being armed. Is he just bullsh*tting me so i wont carry a gun. Whats going on? I was thinking about printing out all the laws and everything, and then having the chief of police initial it or something, and carry it whenever I have my gun.
Click to expand...

This officer is obviously confusing you with a criminal.

If you have the intent to commit a felony, then under PC 12023 and 12001(i), you can't have a gun, and the ammo for that gun in the immediate possession of the same person.

If you are visiting the State Capitol grounds or the offices of the legislature, then under PC 171e you can't have the gun, and the ammo for that gun in the immediate possession of the same person.

If you are at a gun show, then under PC 12071.4you can't have the gun, and the ammo for that gun in the immediate possession of the same person.

These are about the only times when having a gun, and having ammunition for that gun on your person at the same time meets the legal definition of "a loaded gun".

This can be easily overcome by carrying the gun, and having your wife/girlfriend/etc carry the ammo.
Click to expand...
This is what we (wife and I) did at the gun show we went to. I paid for 250 rounds and she carried it in a backpack all day.
 
H

Hawaii FiveO

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Nov 17, 2009
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112
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San Jose
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Ca Patriot wrote:
You can have ammo in a magazine on your persons. I have timed myself and I am draw and load in 2.1 seconds. That would be very useful is many situations.
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I think I'm pretty fast also, *however* I find it a little difficult in ejecting the mag in my G19. Is there a trick to getting the mag to eject easier and faster? I have to really put pressure on the eject button. Are all ejectors this hard? Can they be adjusted in any way to make them softer? I don't have huge hands, so that might be the problem. Plus I'm old as the hills! In any case, I take about 3.5 seconds.
 
wewd

wewd

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Oregon
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Hawaii FiveO wrote:
Ca Patriot wrote:
You can have ammo in a magazine on your persons.   I have timed myself and I am draw and load in 2.1 seconds.   That would be very useful is many situations. 
Click to expand...

I think I'm pretty fast also, *however* I find it a little difficult in ejecting the mag in my G19.  Is there a trick to getting the mag to eject easier and faster?  I have to really put pressure on the eject button.  Are all ejectors this hard?  Can they be adjusted in any way to make them softer?  I don't have huge hands, so that might be the problem.  Plus I'm old as the hills!  In any case, I take about 3.5 seconds.

 
Click to expand...

http://glockparts.com/Detail.aspx?PROD=7250

Best $4 upgrade you will ever buy.
 
G

groats

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Joined
Jan 18, 2010
Messages
119
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, ,
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Let's see here:
You're walking along, minding your own business.
A couple of rough looking guys walk up, demand your money or they'll shoot you.

That means they are what is known as 'criminals', and criminals are exempt from the Unloaded Carry laws.
Exempt because they don't give a :cuss: about your silly laws.

So, can you figure out how to draw and load your gun without them seeing or suspecting anything? That's your only choice, other than to just hand over your money, wife, and whatever else they decide they want.

Because if they see you draw a gun, and they have one too, guess who gets the first chance to pull the trigger. The one with the loaded gun who already has his finger on the trigger, or you, with the not-yet-loaded gun?

If they see you draw a gun, and they came with no gun, they can now get one. Yours. They don't even have to worry about getting shot, since yours is unloaded.

Get yourself a t-shirt that says "Andy's Plumbing" on the back, and carry a length of lead pipe. Better than an unloaded gun.
 
Gundude

Gundude

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Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
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craftsman wrote:
Let's see here:
You're walking along, minding your own business.
A couple of rough looking guys walk up, demand your money or they'll shoot you.

That means they are what is known as 'criminals', and criminals are exempt from the Unloaded Carry laws.
Exempt because they don't give a :cuss: about your silly laws.

So, can you figure out how to draw and load your gun without them seeing or suspecting anything? That's your only choice, other than to just hand over your money, wife, and whatever else they decide they want.

Because if they see you draw a gun, and they have one too, guess who gets the first chance to pull the trigger. The one with the loaded gun who already has his finger on the trigger, or you, with the not-yet-loaded gun?

If they see you draw a gun, and they came with no gun, they can now get one. Yours. They don't even have to worry about getting shot, since yours is unloaded.

Get yourself a t-shirt that says "Andy's Plumbing" on the back, and carry a length of lead pipe. Better than an unloaded gun.
Click to expand...
I would probably do the same thing you would do if you were carrying loaded concealed and someone stuck a gun in your back and demanded everything you had. Anyone else want to feed the troll?
 
PincheOgro1

PincheOgro1

Regular Member
Joined
Dec 7, 2009
Messages
420
Location
Perris, Ca., California, USA
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Gundude wrote:
craftsman wrote:
Let's see here:
You're walking along, minding your own business.
A couple of rough looking guys walk up, demand your money or they'll shoot you.

That means they are what is known as 'criminals', and criminals are exempt from the Unloaded Carry laws.
Exempt because they don't give a :cuss: about your silly laws.

So, can you figure out how to draw and load your gun without them seeing or suspecting anything? That's your only choice, other than to just hand over your money, wife, and whatever else they decide they want.

Because if they see you draw a gun, and they have one too, guess who gets the first chance to pull the trigger. The one with the loaded gun who already has his finger on the trigger, or you, with the not-yet-loaded gun?

If they see you draw a gun, and they came with no gun, they can now get one. Yours. They don't even have to worry about getting shot, since yours is unloaded.

Get yourself a t-shirt that says "Andy's Plumbing" on the back, and carry a length of lead pipe. Better than an unloaded gun.
Click to expand...
I would probably do the same thing you would do if you were carrying loaded concealed and someone stuck a gun in your back and demanded everything you had. Anyone else want to feed the troll?
Click to expand...
NOT ME!!!!
 
C

CA_Libertarian

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Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
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Hollowpoint38 wrote:
...We have the right to bare arms!...
Click to expand...
Actually, we don't have the right to bear arms in CA. The courts have determined that right applied to the State, not the People. (See Cruikshank, Silva, et al.)

Are we doing something about it? Hell yeah! See Nordyke v King (9th Circuit Court of Appeals). In that case the court ruled that Heller v DC applies to the states. However, that ruling is pending en banc review... which is pending the outcome of the US Supreme Court ruling on McDonald.

We also have organizations like the CalGuns Foundation and the Madison Society doing gun rights litigation work.
 
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