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Couple Questions

bryon

New member
Joined
Apr 19, 2010
Messages
5
Location
Yuba County, California, USA
imported post

There were a couple things I didnt understand from the Open carry flyer.

How do open carry in my car? Do I just leave it holstered as I would outside or do I have to take it out.

Also I can't conceal a magazine? and can I keep an empty magazine in the weapon? I don't want dust n junk getting in there.

I'm new to open carry in California I didn't even know about it til a day or so ago. How could I not know of something this important, I'm not sure. But now I need to learn as much as possible. Thanks in advance ;)
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
imported post

bryon wrote:
How do open carry in my car? Do I just leave it holstered as I would outside or do I have to take it out.
You can leave it holstered, but be sure that it is not covered by any part of the vehicle, such as the center console (if there is one). Alternatively you can set it on the dashboard or on the seat next to you. However most of us do not recommend open carry in a vehicle, as it is difficult to avoid gun-free school zones while driving.

bryon wrote:
Also I can't conceal a magazine? and can I keep an empty magazine in the weapon? I don't want dust n junk getting in there.
Yes, you may keep an empty magazine in the gun. This is preferred by many, including myself, for a number of reasons.

There is no law that specifically prohibits concealing a magazine, but due to some bad case law (People v. Hale), it may be a violation of PC 12025 to conceal a loaded magazine while having the accompanying handgun in your immediate possession/control. I do not consider Hale to be the settled law of the land, but unless you wish to be a test case, I suggest you don't conceal any loaded handgun magazines. Loose rounds, revolver speedloaders and moonclips are fine to conceal, however, as they are not an integral part of the firearm.
 

bryon

New member
Joined
Apr 19, 2010
Messages
5
Location
Yuba County, California, USA
imported post

well if i cant open carry it in the car.. how do i get where im going with it? or couldnt i just set it in the seat and say im takin it to the range or something?
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

bryon wrote:
well if i cant open carry it in the car.. how do i get where im going with it? or couldnt i just set it in the seat and say im takin it to the range or something?
Noone is saying that you "can't", only that you need to be absolutely certain you are not in an area that requires a handgun to be locked up (suchas a Gun Free School Zone Penal Code 626.9)
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
imported post

If you are absolutely certain that your route will not take you within 1000ft of a K-12 school, then by all means open carry in your car. The state and federal law requires that handguns must be unloaded in a locked container within the gun-free school zone unless you possess a California carry permit. Since it is so difficult to avoid those zones while driving in most populated areas, we recommend that you travel with your firearm in a locked container. But that decision is up to you. Our own member Theseus found out the hard way that even the exemptions in the law that are supposed to protect your peaceable journey will be ignored by the men in black robes and you will be convicted and lose your gun [strike]rights[/strike] privileges for 10 years.
 

Poblacht32

Regular Member
Joined
Nov 19, 2009
Messages
78
Location
San Francisco Bay Area, ,
imported post

wewd wrote:
bryon wrote:
How do open carry in my car? Do I just leave it holstered as I would outside or do I have to take it out.
You can leave it holstered, but be sure that it is not covered by any part of the vehicle, such as the center console (if there is one). Alternatively you can set it on the dashboard or on the seat next to you. However most of us do not recommend open carry in a vehicle, as it is difficult to avoid gun-free school zones while driving.

bryon wrote:
Also I can't conceal a magazine? and can I keep an empty magazine in the weapon? I don't want dust n junk getting in there.
Yes, you may keep an empty magazine in the gun. This is preferred by many, including myself, for a number of reasons.

There is no law that specifically prohibits concealing a magazine, but due to some bad case law (People v. Hale), it may be a violation of PC 12025 to conceal a loaded magazine while having the accompanying handgun in your immediate possession/control. I do not consider Hale to be the settled law of the land, but unless you wish to be a test case, I suggest you don't conceal any loaded handgun magazines. Loose rounds, revolver speedloaders and moonclips are fine to conceal, however, as they are not an integral part of the firearm.
But as long as your firearm is locked up and unloaded in a container then it's ok to have loaded concealed magazines correct???
 

bryon

New member
Joined
Apr 19, 2010
Messages
5
Location
Yuba County, California, USA
imported post

thats the way they are explaining it. but i realized that 1000 feet is nearly a quarter mile. and if u cant carry within 1000 feet of a school. i technically cant carry 90% of the places i go lol. i cant leave my own property with a gun if i follow this rule lol. whos idea was it to put a school every 4 and a half feet where i live lol.
 

Wc

Regular Member
Joined
Feb 15, 2010
Messages
329
Location
, ,
imported post

bryon wrote:
thats the way they are explaining it. but i realized that 1000 feet is nearly a quarter mile. and if u cant carry within 1000 feet of a school. i technically cant carry 90% of the places i go lol. i cant leave my own property with a gun if i follow this rule lol. whos idea was it to put a school every 4 and a half feet where i live lol.
You will finds all your answer here! lolololololololololol isn't a laughing manner or matter! Unless you can try your LOLin front of LEO.
 
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