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Thread: Question About OC'ing

  1. #1
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    maybe this has been asked before, i haven't tried yet just wondering if anyone has. Im in the SF Bay Area.

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    Regular Member Mike Hunt's Avatar
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    Yes, and you may also OC on a boat, or with a goat!Sorry couldn't resist.

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    just don't give the goat one of-------------->> :celebrate sorry couldn't resist...

    yes you can OC in a mall but make sure they don't have anything pertaining to "No Firearms Allowed" signs and make sure you have a digital recorder or some kind of recording device because I will almost assure you, someone will call the locals. Talking from experience here...please let us know how it goes. Also, be careful about schools nearby because being in a mall will not protect you if you are within a 1000ft zone.

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    giaking70 wrote:
    just don't give the goat one of-------------->> :celebrate sorry couldn't resist...

    yes you can OC in a mall but make sure they don't have anything pertaining to "No Firearms Allowed" signs and make sure you have a digital recorder or some kind of recording device because I will almost assure you, someone will call the locals. Talking from experience here...please let us know how it goes. Also, be careful about schools nearby because being in a mall will not protect you if you are within a 1000ft zone. >>>Incorrect<<<
    CPC 626.9
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property
    , if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.

    Just stay off the public sidewalk and street including front door business.


  5. #5
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    Wc wrote:
    giaking70 wrote:
    just don't give the goat one of-------------->> :celebrate sorry couldn't resist...

    yes you can OC in a mall but make sure they don't have anything pertaining to "No Firearms Allowed" signs and make sure you have a digital recorder or some kind of recording device because I will almost assure you, someone will call the locals. Talking from experience here...please let us know how it goes. Also, be careful about schools nearby because being in a mall will not protect you if you are within a 1000ft zone. >>>Incorrect<<<
    CPC 626.9
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property
    , if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.

    Just stay off the public sidewalk and street including front door business.
    ok my bad, I always thought if you were within 1000ft regardless of where you were at within the school zone, you were violating that rule of thumb. There is a Starbucks near where I live and it is well within the 1000ft zoning, that's why I never went to that one. Thanks for the corrections on that...

  6. #6
    Regular Member Mike Hunt's Avatar
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    giaking70 wrote:
    Wc wrote:
    giaking70 wrote:
    just don't give the goat one of-------------->> :celebrate sorry couldn't resist...

    yes you can OC in a mall but make sure they don't have anything pertaining to "No Firearms Allowed" signs and make sure you have a digital recorder or some kind of recording device because I will almost assure you, someone will call the locals. Talking from experience here...please let us know how it goes. Also, be careful about schools nearby because being in a mall will not protect you if you are within a 1000ft zone. >>>Incorrect<<<
    CPC 626.9
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property
    , if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.

    Just stay off the public sidewalk and street including front door business.
    ok my bad, I always thought if you were within 1000ft regardless of where you were at within the school zone, you were violating that rule of thumb. There is a Starbucks near where I live and it is well within the 1000ft zoning, that's why I never went to that one. Thanks for the corrections on that...
    Wc, stop giving out bad info. Even if you are somewhat new here, you've been here long enough to know better.



    Giaking, please do a search for threads relating to a member here by the name of Theseus. Read what happened to him. I know what the law says, but so did the DA in his case and that didn't deter him from trying to fist**** Theseus. Don't carry in a GFSZ unless it's on private property which is not open to the public, and which you either own, rent, or have explicit permission from someone who does. And again, read your ass off. Learn every little rule no matter how insignificant it may seem.Knowledge truly is power to our cause.

  7. #7
    Regular Member ryanburbridge's Avatar
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    Ha ha I'm in a mall right now watching my kids play. I am using AT&T, 3g to log on because the malls free wifi bans this site. Thanks for the info I'll let you know if any thing good happens.
    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto

  8. #8
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    Mike Hunt wrote:
    Wc, stop giving out bad info...
    +1

    I swear Wc should come with a disclaimer... when his English is coherent, his logic/facts are often flawed...

    This forum sorely needs an "Ignore" button.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
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    Don't Tread On Me.

  9. #9
    Regular Member Mike Hunt's Avatar
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    CA_Libertarian wrote:


    I swear Wc should come with a disclaimer...

  10. #10
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    Mike Hunt wrote:
    giaking70 wrote:
    Wc wrote:
    giaking70 wrote:
    just don't give the goat one of-------------->> :celebrate sorry couldn't resist...

    yes you can OC in a mall but make sure they don't have anything pertaining to "No Firearms Allowed" signs and make sure you have a digital recorder or some kind of recording device because I will almost assure you, someone will call the locals. Talking from experience here...please let us know how it goes. Also, be careful about schools nearby because being in a mall will not protect you if you are within a 1000ft zone. >>>Incorrect<<<
    CPC 626.9
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property
    , if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.

    Just stay off the public sidewalk and street including front door business.
    ok my bad, I always thought if you were within 1000ft regardless of where you were at within the school zone, you were violating that rule of thumb. There is a Starbucks near where I live and it is well within the 1000ft zoning, that's why I never went to that one. Thanks for the corrections on that...
    Wc, stop giving out bad info. Even if you are somewhat new here, you've been here long enough to know better.



    Giaking, please do a search for threads relating to a member here by the name of Theseus. Read what happened to him. I know what the law says, but so did the DA in his case and that didn't deter him from trying to fist**** Theseus. Don't carry in a GFSZ unless it's on private property which is not open to the public, and which you either own, rent, or have explicit permission from someone who does. And again, read your ass off. Learn every little rule no matter how insignificant it may seem.Knowledge truly is power to our cause.
    sorry if I came off wrong but I always thought no matter where you were, if you was inside of that 1000ft zone, you were fair game. Am I correct or wrong on that if you were out in public as a mall is considered private property with public access isn't it not? Therefore you are still violating that PC if said school were within 1000ft. Please just correct me if I am wrong is all I ask....Most malls I go to here are well away from schools so I don't need to worry but just trying to get clarifications for new readers.

  11. #11
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    Hey Giaking,

    This is confusing to me also. I can only assume that once inside the mall, as long as you have explicit permission from management to OC, then it might be legal?$#@!? While you are in the parking lot of the mall OCing is where the trouble may come?%^$$? I have not been able to find much about Thesues' incident to understand. I am guessingTheseus is under a gag order from his attorney.

    I PMed him about a month ago and did not get a response.

    My house is in two school zones. I cannot OC beyond my fence line, garage door, or front entry door (no fencing in my front yard).

    I don't know... but,I would stay away from any mall that is within a school zone.

    I am going to look again for anything related to Theseus' incident.

    markm

  12. #12
    Regular Member Mike Hunt's Avatar
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    giaking70 wrote:
    sorry if I came off wrong but I always thought no matter where you were, if you was inside of that 1000ft zone, you were fair game. Am I correct or wrong on that if you were out in public as a mall is considered private property with public access isn't it not? Therefore you are still violating that PC if said school were within 1000ft. Please just correct me if I am wrong is all I ask....Most malls I go to here are well away from schools so I don't need to worry but just trying to get clarifications for new readers.
    No apologies needed, just clarification. Here is the problem as I see it: Yes, by the letter of the law, we are allowed to carry at a mall, movie theatre, porn shop and so on because these are all private property and therefore exempt from the GFSZ law. In reality, there have been recent cases where lawful open carriers have been convicted in spite of this exemption. In the case I mentioned earlier, Theseus was carrying at a laundromat (private property) within a GFSZ and was detained, then released by police. After much searching for something, anything to hang him with, they decided to give 626.9 a try. Well much to the disgrace of justice, the judge forbade the exemptions from even being presented in court. To my understanding, the rationale used for pursuing in spite of the law/exemptions was that although it was private property, the fact that it was "publicly accessible" nullified any exemption to 626.9. Now, I know this is B.S. and anyone reading the CA P.C. can see it's B.S., because the P.C. does not give a definition of "private property" specific to 626.9. But that's exactly where I believe those prosecuting him decided to start inventing.

    Reading aboutcases like his makes most liberty-minded Americans want to vomit, myself included. I don't want to see any other OCers get ****ed the way he did.




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    Wc wrote:
    giaking70 wrote:
    just don't give the goat one of-------------->> :celebrate sorry couldn't resist...

    yes you can OC in a mall but make sure they don't have anything pertaining to "No Firearms Allowed" signs and make sure you have a digital recorder or some kind of recording device because I will almost assure you, someone will call the locals. Talking from experience here...please let us know how it goes. Also, be careful about schools nearby because being in a mall will not protect you if you are within a 1000ft zone. >>>Incorrect<<<
    CPC 626.9
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property
    , if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.

    Just stay off the public sidewalk and street including front door business.
    Might want to ask Theseus just how well that section of the code works. He was on the private property of a business, and he got convicted of breaking 626.9.

    Judge decided to use case law pertaining to 12031 (Loaded Carry) to define private property that is open to the public as "a public area". This "public area" wording is in 12031, but isn't mentioned in 626.9.

    Don't look for the courts in California to apply the law as wrtitten.

  14. #14
    Regular Member Mike Hunt's Avatar
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    Decoligny wrote:
    Judge decided to use case law pertaining to 12031 (Loaded Carry) to define private property that is open to the public as "a public area". This "public area" wording is in 12031, but isn't mentioned in 626.9.

    Wow I didn't know that little tidbit about using 12031's definition for 626.9! How the hell do they get away with such a cut-and-paste method of prosecution?!

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    Thanks Mike Hunt and Decoligny,

    Wow, I am thinkingTheseus' case is ready-made for an appeal. I don't see any appellate judge allowing thisjudgement to stand. But, I have been shockedby appellate rulings before.

    markm

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    just to clarify, does the 1000ft rule apply to the complete property, example, the parking lot of the mall to the school zone. Or is it just the mall structure itself to the school zone?

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    Regular Member 1245A Defender's Avatar
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    YOU MUST STAY AWAY 1000 feet from schools in calif!!!
    if you are in a place where the Public is allowed,,,, you can get screwed,
    just like thesius!!
    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!

  18. #18
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    no my question is that the 1000ft rule applies from property lines to school zone lines or is it from the structure of the mall to the school zone lines.

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    Regular Member ryanburbridge's Avatar
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    Well I just had the best day in SoCal my wife and the kids ran around all day. I UOC all day we started at a local dinner for breakfast then headed to Koals for my wife. Then off to the mall in ceritos. From there stoped at the house to recharge my almost two year old son. Next was Major surplus for me. The clerk gave me ten percent off and thanked me for being in the NRA (the hat). Next my wife got lost but found her way at IKEA some how. (I think it was on purpose) For dinner we headed to the Long Beach town center and ate at El Torito with some other family. The family that joined did not notice the gun. We walked around out Side for a bit when a Long Beach police officer came up to me and pulled me aside. He said he came over because I had a gun. He saw I had no mag in my 1911 and said "oh it's unloaded ok ah your not a thug" I politly said no I'm not a thug. I told him I was with my wife and kids and not a thug. He asked where I was from. I said from long beach he noded and walked away. Back at the house now what a good day.
    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto

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    So you walk around with no magazine in the gun? i thought that was illegal because your hiding an essential component to the gun? or something like that..

    Because i would perfure this, 1-its shows my gun is unloaded and then doesn't put people in a bad state of mind. 2-I can then carry 2 loaded magazines in my belt instead of only one. 3- allows me to load faster, not having to drop the current mag out before load.

  21. #21
    Regular Member ryanburbridge's Avatar
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    I have never heard anything saying you must have a mag in the gun. I keep the loaded mags on a belt holster exposed. I like the fact that it is easy to see my gun is unloaded. The cop saw no mag and did not ask to check the chamber. It works for me.
    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto

  22. #22
    Regular Member Mike Hunt's Avatar
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    I recently posted this in reply to the same question in another thread. I should also add that magazines should not be concealed either.



    Yes it's legal, but here's my two cents on this....... Keeping a mag in there has several advantages. Keeping dust, lint, and whatever other foreign objects from finding their way into your pistol is one. Another is that in the minds of a few unscrupulous LEOs, this can be construed as a loaded weapon. Now, I know this is B.S. and most on here know it's B.S., as well as any lawyer with two brain cells to rub together. But the "logic" behind it is that the magazine is considered to be what they like to call an "integral part of the firearm". Therefore, a LEO whom is looking to jam you up for something will reason that those loaded mags on your other hip constitute a loaded firearm. So keeping an UNloaded mag in the gun would therefore "complete" the gun, taking away the whole bogus argument with it. In addition, with a bit of practice, the empty mag can easily be dropped on the draw without affecting the load time at all. I have one of those crappy-ass Mekgar mags that I lovingly refer to as my "$30 dust cover". Hope this helps!

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    Regular Member 1245A Defender's Avatar
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    Deathwing_Kingstar wrote:
    no my question is that the 1000ft rule applies from property lines to school zone lines or is it from the structure of the mall to the school zone lines.
    i dont think the property lines of the mall would have anything to do with it.
    your person needs to be 1000 feet from the property line of the school (GFSZ).
    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
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    giaking70 wrote:
    Don't look for the courts in California to apply the law as wrtitten.
    If you really feel this way then What do you suggest we do? Maybe we just need to figure out how to make our voice louder for them.

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    Mike Hunt wrote:
    giaking70 wrote:
    Wc wrote:
    giaking70 wrote:
    just don't give the goat one of-------------->> :celebrate sorry couldn't resist...

    yes you can OC in a mall but make sure they don't have anything pertaining to "No Firearms Allowed" signs and make sure you have a digital recorder or some kind of recording device because I will almost assure you, someone will call the locals. Talking from experience here...please let us know how it goes. Also, be careful about schools nearby because being in a mall will not protect you if you are within a 1000ft zone. >>>Incorrect<<<
    CPC 626.9
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property
    , if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.

    Just stay off the public sidewalk and street including front door business.
    ok my bad, I always thought if you were within 1000ft regardless of where you were at within the school zone, you were violating that rule of thumb. There is a Starbucks near where I live and it is well within the 1000ft zoning, that's why I never went to that one. Thanks for the corrections on that...
    Wc, stop giving out bad info. Even if you are somewhat new here, you've been here long enough to know better.
    OK of yourfinger pointing at me, ask why not you tell us about how I could've be given out a bad information within this thread?

    You've not been here long enough to know better and that's why you has beenarrested while I don't.

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