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Loaded OC, where is it legal?

J

jecsd1

Regular Member
Joined
Apr 26, 2010
Messages
92
Location
Central TX
doing some traveling to CA soon and will be out in the mojave for a day or two. What are the stipulations on LOC vs UOC?
 
bigtoe416

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Can you lawfully shoot firearms where you will be at? If so, then you can LOC. Check CA PC 12031 for more details. Check county codes to see if there are restrictions on firearm discharge.
 
wewd

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
cato said:
Read cmth's posts for info on only county shooting restrictions triggering 12031 in unincorporated territory.

http://www.calguns.net/calgunforum/showpost.php?p=5111077&postcount=18

http://www.calguns.net/calgunforum/showpost.php?p=5111484&postcount=22

http://www.calguns.net/calgunforum/showpost.php?p=5111571&postcount=25
Click to expand...

Even though that information is correct, there is still the possibility of an arrest if the officer is unfamiliar with the case law. You would probably win the case if it ever went to trial, but it may not be worth the personal and financial risk to do so. It should be legal to LOC in most National Parks in CA, but all of the departmental memos I have seen since the gun restrictions were lifted have stated that loaded carry is not legal because the NPS, a federal entity, bans shooting in the parks. That conflicts with the current case law which states that only county-issued bans can trigger 12031, not state or federal bans. National Forests, and sometimes BLM (both federal entities), issue bans on any type of shooting except for licensed hunters, though Forestry/BLM rangers seem to be more laid back on the issue of LOC by the anecdotal evidence I have seen. But it's still a legal minefield if one chooses to LOC in any areas with shooting bans not issued by the county. This is why there needs to be a higher court ruling than some district appeals court, or the nullification of 12031 itself.
 
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