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Question About OC'ing

giaking70

Regular Member
Joined
Feb 6, 2009
Messages
105
Location
San Diego, CA, ,
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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.
 

Wc

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Feb 15, 2010
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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.
 

giaking70

Regular Member
Joined
Feb 6, 2009
Messages
105
Location
San Diego, CA, ,
imported post

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...
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
imported post

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.
 

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
imported post

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.
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
imported post

CA_Libertarian wrote:
I swear Wc should come with a disclaimer...
Tirritant.jpg
 

giaking70

Regular Member
Joined
Feb 6, 2009
Messages
105
Location
San Diego, CA, ,
imported post

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.
 

markm

New member
Joined
Mar 7, 2010
Messages
487
Location
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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
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
imported post

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.
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
imported post

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.
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
imported post

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?!
 

markm

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Joined
Mar 7, 2010
Messages
487
Location
, ,
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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
 

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
imported post

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.
 

GlockFanatic943

Regular Member
Joined
Apr 16, 2010
Messages
81
Location
Clovis, California, USA
imported post

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.
 
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