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Thread: Specific Questions about open carry in CA

  1. #1
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    Specific Questions about open carry in CA

    Okay, I've done some research and know that to legally open carry, the firearm must be unloaded...it must be exposed in a holster, and no rounds can be in the magazine if attached to the sidearm. However, separate loaded magazines can be carried on your holster.

    Here are some detailed questions that I am a bit fuzzy on.

    1) Let's say it chilly outside. I have my shirt tucked in, gun holstered, exposed...all legal etc. I put my jacket on. Jacket hangs over my waist covering my sidearm. Am I in violation of PC 12025? Can I be arrested?

    2) Open carry while driving. Is this legal?

    3) Open carry within 1000 ft. of a school zone illegal? Plus if open carry while driving is legal, and since we are bound to come across a school wherever we go, are you in violation of the law every time you open carry while driving when passing a school zone?

    4) Does ammunition have to be exposed? Can I keep extra loaded mags in my pocket?

    5) Ammunition limitations? Could I legally carry say, 300 rounds on my persons(not that I'd want to) while I open carry.

    6) Could I go to a police station and open carry or would the officers flip out?

    7) I know Starbucks seems OK with open carry, but what about the mall, department stores, or restaurants?

    8) I do not want to open carry as a political statement. I do believe that there should be a law that would require all adult citizens to have a firearm and to open carry at all times when practical. I also think open carry will thwart crime more than a concealed weapon would. However, I think it would be better if they would make the definition of unloaded as not having a round in the chamber, but allowing loaded mags. What do you guys think?

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    Regular Member 1245A Defender's Avatar
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    ummmm

    this guy thinks you should read all the stickies at the top of this forum,,,,twice!!
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    1) Lets say it chilly outside. I have my shirt tucked in, gun holstered, exposed...all legal etc. I put my jacket on. Jacket hangs over my waist covering my sidearm. Am I in violation of PC 12025? Can I be arrested?

    Yes you have covered the firearm and it is no longer visible.
    "A person is guilty of carrying a concealed firearm when
    he or she does any of the following: . . . (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person."


    2) Open carry while driving. Is this legal?

    Yes There is no law against it
    http://forum.opencarry.org/forums/sh...=carry+driving

    3) Open carry within 1000 ft. of a school zone illegal? Yes

    Plus if open carry while driving is legal, and since we are bound to come across a school wherever we go, are you in violation of the law every time you open carry while driving when passing a school zone?

    Yes No where in PC626.9 is their an exception about being in a vehicle. http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

    4) Does ammunition have to be exposed? If the ammunition is in a magazine then Yes If it is in a speed loader or loose in your pocket then No

    Can I keep extra loaded mags in my pocket? No http://forum.opencarry.org/forums/sh...osed+magazines

    5) Ammunition limitations? Could I legally carry say, 300 rounds on my persons(not that I'd want to) while I open carry.

    Yes There is no law that I know of that says you cannot.

    6) Could I go to a police station and open carry or would the officers flip out?

    I'm not sure. I believe that the front desk which is open to the public you can but beyond the desk would be restricted. However IANAL and I’m unsure.

    7) I know Starbucks seems OK with open carry, but what about the mall, department stores, or restaurants?

    Malls generally will not allow it. Don't ask permission though. If they ask you to leave then politely state your case to a manager, leave, and then contact corporate.

    8) I do not want to open carry as a political statement. I do believe that there should be a law that would require all adult citizens to have a firearm and to open carry at all times when practical. I also think open carry will thwart crime more than a concealed weapon would. However, I think it would be better if they would make the definition of unloaded as not having a round in the chamber, but allowing loaded mags. What do you guys think?

    This is already settled case law see People v. Clark

    I recommend reading everything here http://californiaopencarry.org/ and then rereading it until you can convince people that you know what you are talking about. I had a run in with a security guard who swore OC was Illegal. In the end he believed me and said "wow you really know your stuff." And trust me I can barely remember it all.
    Last edited by chewy352; 10-21-2010 at 08:55 AM.

  4. #4
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by CesareBeccaria View Post
    6) Could I go to a police station and open carry or would the officers flip out?
    Chewy352 answered most of your questions pretty well. As for question 6, you could open carry to a police station, but not IN the building the police station is located. Please review PC171b - weapons are prohibited in public buildings.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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    Quote Originally Posted by ConditionThree View Post
    Chewy352 answered most of your questions pretty well. As for question 6, you could open carry to a police station, but not IN the building the police station is located. Please review PC171b - weapons are prohibited in public buildings.
    Yea!

    Thats the first time I took on a post like that. I forgot about that stinkin PC171b though. Back to the law library for me.

  6. #6
    Regular Member mjones's Avatar
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    Quote Originally Posted by chewy352 View Post
    Yea!

    Thats the first time I took on a post like that. I forgot about that stinkin PC171b though. Back to the law library for me.
    Excellent response Chewy!!! We're so proud!!!! You're all growed up now!!! Woot!


    C3 had your back on the only thing you missed.

    The only footnote I have to add is that there is an exceptionsin 171b for 12050 licensed persons. So, technically that's a possible exemption but for an actual police station I wouldn't touch it with a 10ft pole.

    Similarly there is an exemption to 626.9 for 12050 licencees - I use this exemption on occasion and I have the money to back it up if/when I get popped for it.

    So, why would I not use the exemption for a police station? Simply put, station lobbies are a hotbed of incredibly crazy **** happening. Fights, 'customers' trying to go over the counter. I just think its too risky.

    I did use the 171b/12050 exemption in city hall once - I don't think anyone even noticed.

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