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Thread: Inyo County and Bishop

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    Inyo County and Bishop

    I spoke to the Sheriff's Dept and City Police. Unloaded open carry is accepted in the county (Ammunition seperate but on your person). The City of Bishop allows open carry of a weapon, but no ammunition on your person (not sure what the point would be in that case). Is the City of Bishop standing on firm legal ground in their position?

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    Regular Member ryanburbridge's Avatar
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    I believe CA has a preemption law that says no local city or county can enact laws more restrictive then CA state law. So in my opinion they don't have a leg to stand on.

    That said when researching CA preemption law this is all I find.

    53071. It is the intention of the Legislature to occupy the whole
    field of regulation of the registration or licensing of commercially
    manufactured firearms as encompassed by the provisions of the Penal
    Code, and such provisions shall be exclusive of all local
    regulations, relating to registration or licensing of commercially
    manufactured firearms, by any political subdivision as defined in
    Section 1721 of the Labor Code.



    53071.5. By the enforcement of this section, the Legislature
    occupies the whole field of regulation of the manufacture, sale, or
    possession of imitation firearms, as defined in Section 12550 of the
    Penal Code, and that section shall preempt and be exclusive of all
    regulations relating to the manufacture, sale, or possession of
    imitation firearms, including regulations governing the manufacture,
    sale, or possession of BB devices and air rifles described in
    subdivision (g) of Section 12001 of the Penal Code.

    Also http://ag.ca.gov/firearms/dwcl/53701.php

    In the above I do not see CA stating no local municipalities may restrict carry of fire arms only registration.

    What gives? Am I missing somthing? Please help me understand. Post the CODE that has to do with gun preemption laws.

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    Regular Member Gundude's Avatar
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    It might be worth $35,000 for a 4th amendment violation. Illegal arrest. Someone needs to school the city on that.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Follow up

    I am going to make another phone call on Monday to make sure I was given the policy as defined by Chief Chris Carter. It could be the person I spoke to got it wrong. She could not answer the question and had to ask. Maybe she asked the wrong person.

    I appreciate the input on this. I didn't think it was right but wanted to get other opinions before following up.

    Thanks,

    Mike

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    I would think most parts of Inyo County it would legal to loaded OC being as rural as it is.

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    While driving offroad

    Quote Originally Posted by oc4ever View Post
    I would think most parts of Inyo County it would legal to loaded OC being as rural as it is.
    The question was asked "while driving offroad". Most Central to Northern counties do allow "rural" loaded carry, but only while on foot, as far as I know. "While driving a vehicle" may make the difference.
    Last edited by Dirtbos; 11-07-2010 at 10:07 PM.

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    Regular Member hgreen's Avatar
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    Quote Originally Posted by Dirtbos View Post
    I am going to make another phone call on Monday to make sure I was given the policy as defined by Chief Chris Carter. It could be the person I spoke to got it wrong. She could not answer the question and had to ask. Maybe she asked the wrong person.

    I appreciate the input on this. I didn't think it was right but wanted to get other opinions before following up.

    Thanks,

    Mike
    Many LEOS just don't know the law well.

    Even in Hermosa Beach where we have had very positive (meaning ZERO) police interactions while OCing the Chief when first asked about OC said the same thing (no ammo allowed on person). After sending them the LA county sheriff and attorney memos about OC they reversed their position and have never done an e-check.

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    Regular Member wewd's Avatar
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    Quote Originally Posted by Dirtbos View Post
    The question was asked "while driving offroad". Most Central to Northern counties do allow "rural" loaded carry, but only while on foot, as far as I know. "While driving a vehicle" may make the difference.
    It depends on whether or not the county has banned shooting within a certain vicinity of roadways. Kern County is a notable example of a county that has no shooting restrictions whatsoever in unincorporated areas. Outside of incorporated city limits, it's legal to carry a loaded handgun nearly anywhere in that county. Whether or not you are in a vehicle makes no difference, as PC 12031 makes no distinction between carrying a loaded firearm on your person or in a vehicle. The operative language in 12031 is triggered only when the county has banned shooting in that area. See People v. Knight, People v. Segura, People v. Young, and the 1968 CA Attorney General memo.
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    Regular Member Decoligny's Avatar
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    Quote Originally Posted by Dirtbos View Post
    I spoke to the Sheriff's Dept and City Police. Unloaded open carry is accepted in the county (Ammunition seperate but on your person). The City of Bishop allows open carry of a weapon, but no ammunition on your person (not sure what the point would be in that case). Is the City of Bishop standing on firm legal ground in their position?
    This is the only firearms related law in the City of Bishop's municipal code.

    9.16.010 - Shooting prohibited. No person shall shoot any firearm, air rifle or "BB" gun from or upon any street, road, alley or sidewalk within the city.

    http://library.municode.com/index.as...ame=California

    Therefore UOC with ammunition on your person within the city limits should be perfectly legal.

  10. #10
    Regular Member Decoligny's Avatar
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    Quote Originally Posted by wewd View Post
    It depends on whether or not the county has banned shooting within a certain vicinity of roadways. Kern County is a notable example of a county that has no shooting restrictions whatsoever in unincorporated areas. Outside of incorporated city limits, it's legal to carry a loaded handgun nearly anywhere in that county. Whether or not you are in a vehicle makes no difference, as PC 12031 makes no distinction between carrying a loaded firearm on your person or in a vehicle. The operative language in 12031 is triggered only when the county has banned shooting in that area. See People v. Knight, People v. Segura, People v. Young, and the 1968 CA Attorney General memo.
    Slight correction, Kern County only has ONE shooting restriction on the books, you can't discharge a firearm withing a county park. Therefore in unincorporated Kern County, you can LOC except in GFSZs, County Parks, and then normal prohibited areas (Gov't Buildings/Post Office, etc.).

    9.20.030 - Public parks.
    It is unlawful for any person to discharge any firearm, BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile within or upon the land or water area within the territorial limits of any public or recreational area owned, maintained or operated by the county, except in an area designated for that purpose after approval by the sheriff and the director of parks.

    http://library.municode.com/index.as...D&cl=16251.txt
    Last edited by Decoligny; 11-16-2010 at 01:41 PM.

  11. #11
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by ryanburbridge View Post
    In the above I do not see CA stating no local municipalities may restrict carry of fire arms only registration.

    What gives? Am I missing somthing? Please help me understand. Post the CODE that has to do with gun preemption laws.
    You're looking for a preemption law but you should have been looking for a preemption constitutional section. Don't worry, everybody does the same thing at first.

    CALIFORNIA CONSTITUTION
    ARTICLE 11 LOCAL GOVERNMENT


    SEC. 7. A county or city may make and enforce within its limits all
    local, police, sanitary, and other ordinances and regulations not in
    conflict with general laws.
    Since California law says open carrying is lawful, any prohibition on open carrying violates the constitution, and is therefore unenforceable.

  12. #12
    Regular Member ryanburbridge's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    You're looking for a preemption law but you should have been looking for a preemption constitutional section. Don't worry, everybody does the same thing at first.



    Since California law says open carrying is lawful, any prohibition on open carrying violates the constitution, and is therefore unenforceable.
    DOH! What a NOOB i am. Thanks for clearing that up.

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