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Thread: Am I Screwed?

  1. #1
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    Thumbs down Am I Screwed?

    So I live in riverside CA and I want to open carry, but I may have a problem that may stop me from even leaving my front door.

    There is an elementary School that was built just 100 ft away from my house, I live in a cul-de-sac adjacent to the school. I don't think it would be practical to leave the house with the gun in a locked safe drive down the street then holster the gun and magazine then have to redo the same thing on a return trip. I wouldn't mind doing this every once in a while for events and what not but on a daily basis I dont know..

    also what are the laws regarding driving past a school zone. lets say you are pulled over in a school zone and you are open carrying is that just a rare misfortune and then now you're going to jail?

  2. #2
    Regular Member Gundude's Avatar
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    SCREWED!
    No kissing...no "I love you".....no dinner and a movie.
    Lock it up within 1000 ft. of a school.
    Last edited by Gundude; 01-21-2011 at 02:07 AM.
    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.

  3. #3
    Regular Member Mike Hunt's Avatar
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    Quote Originally Posted by Matthew Cano View Post
    So I live in riverside CA and I want to open carry, but I may have a problem that may stop me from even leaving my front door.

    There is an elementary School that was built just 100 ft away from my house, I live in a cul-de-sac adjacent to the school. I don't think it would be practical to leave the house with the gun in a locked safe drive down the street then holster the gun and magazine then have to redo the same thing on a return trip. I wouldn't mind doing this every once in a while for events and what not but on a daily basis I dont know..

    also what are the laws regarding driving past a school zone. lets say you are pulled over in a school zone and you are open carrying is that just a rare misfortune and then now you're going to jail?
    You are correct. It's not practical at all. (Nor Constitutional) These laws were written with the intention of creating large swaths of land where the law-abiding citizens effectively have no 2A rights.

    So in short, yes for now you have to lock up when going to/from your vehicle and when in a school zone. Please be sure to read up thoroughly on all the related laws regarding Open Carry. This website is a great source of info, and knowledge truly is power in this movement. Unfortunately there are a zillion little BS laws that have been thrown into the path of those who choose to carry in this state. To put it bluntly, know the laws well or both you and the movement will suffer the consequences.

    Welcome to Open Carry!
    Last edited by Mike Hunt; 01-21-2011 at 02:26 AM.

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    thanks mike hunt lol you would happen to know mike hawk lol.. joking aside.
    yes im ready to knowledge up! It is a little disappointing that im stuck with this lame law that i have to abide by but some of my neighbors in my track are free to open carry and I cant..


    also on my second question no one has any info on what happens if your pulled over in a school zone. like your driving by and you get stopped for speeding well now you have a gun in a school zone. also anytime you drive through a school zone while open carrying are you breaking the law?

  5. #5
    Regular Member Mike Hunt's Avatar
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    Quote Originally Posted by Matthew Cano View Post
    thanks mike hunt lol you would happen to know mike hawk lol.. joking aside.
    yes im ready to knowledge up! It is a little disappointing that im stuck with this lame law that i have to abide by but some of my neighbors in my track are free to open carry and I cant..


    also on my second question no one has any info on what happens if your pulled over in a school zone. like your driving by and you get stopped for speeding well now you have a gun in a school zone. also anytime you drive through a school zone while open carrying are you breaking the law?
    Yep, that would be no bueno. Your car offers no protection from 626.9 (Gun-Free School Zone law). Gotta be 1000' or more from the grounds of any K-12 school grounds. If not, gotta be locked in a fully enclosed container.

    Do you live in a gated community?
    Last edited by Mike Hunt; 01-21-2011 at 02:48 AM.

  6. #6
    Regular Member CenTex's Avatar
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    Matthew,
    You could go ahead and wear your holster and lock up your firearm in a legally locked container. When you are out of the school zone, you could then retrieve your firearm and holster it. Make sure the firearm is always unloaded. Be careful that you are not seen doing this. Someone may think you are doing something wrong and call the police, or worse yet, the police may see you and mistake you for drawing a weapon or brandishing it.

    If I am wrong on any of this, you experienced California carriers should correct me. I am still learning about the wacky laws in California.
    Last edited by CenTex; 01-21-2011 at 12:06 PM.
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  7. #7
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    You could apply for a CCW permit and be exempt from the school zone laws. You could also submit a written request to the school's superintendent for an exemption to carry within 1,000 feet of the school. If you have a garage and you park your car in there you could put your firearm in the trunk and then retrieve it upon arrival somewhere since your trunk counts as a locked container.

  8. #8
    Regular Member Chap's Avatar
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    I agree with bigtoe416

    Quote Originally Posted by bigtoe416 View Post
    You could apply for a CCW permit and be exempt from the school zone laws. You could also submit a written request to the school's superintendent for an exemption to carry within 1,000 feet of the school. If you have a garage and you park your car in there you could put your firearm in the trunk and then retrieve it upon arrival somewhere since your trunk counts as a locked container.
    We are currently discussing the exemption allowed for CCW owners in the State which issues the CCW, with regards to school zones. Hope this helps, it cleared it up for me atleast while I'm in my home state.
    http://forum.opencarry.org/forums/sh...hool-zone-quot
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  9. #9
    Regular Member wildhawker's Avatar
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    OP,

    Get your CCW and be exempt from the school zone while carrying loaded. Note that a CCW dies nit exempt for U/LOC.
    Brandon Combs
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    Unless explicitly stated otherwise, all comments are my own and not the approved position of any organization, nor should they be considered legal advice.

  10. #10
    Regular Member demnogis's Avatar
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    Quote Originally Posted by wildhawker View Post
    OP,

    Get your CCW and be exempt from the school zone while carrying loaded. Note that a CCW dies nit exempt for U/LOC.
    Very true words. There's only one downside: High probability you may not get the CCW. If not and you still wish to carry... Just keep the pistol in a 12025(g) compliant locked container, strap up when you arrive at your destination. And yes, you can keep the locked container with the firearm & ammunition (unloaded) on the passenger seat, under the seat, etc.
    Gun control isn't about guns -- it is about control.

  11. #11
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    yeah its very unlikely that i would get a CCW if anything me living next to a school would be a negative on an application for a CCW in their eyes. (just an opinion)

    for now my only options are to either MOVE!, or carry it in a locked container or my trunk until i arrive at my destination.

    does a locked glove box count as well?

  12. #12
    Regular Member Gundude's Avatar
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    Quote Originally Posted by Matthew Cano View Post
    does a locked glove box count as well?
    NO!

    Neither does your console between the seats.
    Last edited by Gundude; 01-21-2011 at 05:06 PM.
    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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