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Thread: Loaded gun law question?

  1. #1
    Regular Member ryanburbridge's Avatar
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    Loaded gun law question?

    What is the difference between the two? All I ever see talked about is 12031. Why not 25850?

    Am I alone in this confusion?

    Can someone explain?

    Thanks






    CALIFORNIA CODES
    PENAL CODE
    SECTION 25850




    25850. (a) A person is guilty of carrying a loaded firearm when the
    person carries a loaded firearm on the person or in a vehicle while
    in any public place or on any public street in an incorporated city
    or in any public place or on any public street in a prohibited area
    of unincorporated territory.
    (b) In order to determine whether or not a firearm is loaded for
    the purpose of enforcing this section, peace officers are authorized
    to examine any firearm carried by anyone on the person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or prohibited area of an unincorporated territory.
    Refusal to allow a peace officer to inspect a firearm pursuant to
    this section constitutes probable cause for arrest for violation of
    this section.


    CALIFORNIA CODES
    PENAL CODE
    SECTION 12020-12040






    12031. (a) (1) A person is guilty of carrying a loaded firearm when
    he or she carries a loaded firearm on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or in any public place or on any public street in a
    prohibited area of unincorporated territory.

    (e) In order to determine whether or not a firearm is loaded for
    the purpose of enforcing this section, peace officers are authorized
    to examine any firearm carried by anyone on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or prohibited area of an unincorporated territory.
    Refusal to allow a peace officer to inspect a firearm pursuant to
    this section constitutes probable cause for arrest for violation of
    this section.




    "If squirt guns are outlawed, only outlaw squirts will have guns!"

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  2. #2
    State Pioneer ConditionThree's Avatar
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    There isnt a difference. Both 12031 and 25850 are the text from the Mulford Act. There was another bit of legislation that is renumbering the code relating to firearms.
    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


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
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  3. #3
    Regular Member ryanburbridge's Avatar
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    Quote Originally Posted by ConditionThree View Post
    There isnt a difference. Both 12031 and 25850 are the text from the Mulford Act. There was another bit of legislation that is renumbering the code relating to firearms.
    Thanks bud


    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto
    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto

  4. #4
    Campaign Veteran marshaul's Avatar
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    I find it odd that SFPD are using out of date penal code books.

    Is that common?

  5. #5
    Regular Member ryanburbridge's Avatar
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    Quote Originally Posted by marshaul View Post
    I find it odd that SFPD are using out of date penal code books.

    Is that common?
    Just adds to how wrong they are handling things. But what do you get when there is no accountability.

    Fall in line or els.


    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto
    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto

  6. #6
    Regular Member 1245A Defender's Avatar
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    well,,

    im am in comunication too!!!
    the 25850 sounds like a outdated 12031E, the other charges are out dated too
    i dont hav anymore particulares , and i wont talk,
    then there is 2800(a), and 148(a)1 resisting or obstructing!
    helping our friends is important,
    im in the woods of washington,
    i dont know cal law!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  7. #7
    Regular Member 1245A Defender's Avatar
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    And<<

    i have asked my friend to contact
    both of you and bigtoe416

    hint nothing you see or hear here means anything to you!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  8. #8
    State Pioneer ConditionThree's Avatar
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    So- someone decided to refuse an (e) check...

    Quote Originally Posted by marshaul View Post
    I find it odd that SFPD are using out of date penal code books.

    Is that common?
    Quote Originally Posted by 1245A Defender View Post
    im am in comunication too!!!
    the 25850 sounds like a outdated 12031E, the other charges are out dated too
    i dont hav anymore particulares , and i wont talk,
    then there is 2800(a), and 148(a)1 resisting or obstructing!
    helping our friends is important,
    im in the woods of washington,
    i dont know cal law!

    25850 is 12031 renumbered, not the other way around. The write up could include either or both and still hold up.

    2800. (a) It is unlawful to willfully fail or refuse to comply with
    a lawful order, signal, or direction of a peace officer, as defined
    in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
    the Penal Code, when that peace officer is in uniform and is
    performing duties pursuant to any of the provisions of this code, or
    to refuse to submit to a lawful inspection pursuant to this code.

    148. (a) (1) Every person who willfully resists, delays, or
    obstructs any public officer, peace officer, or an emergency medical
    technician, as defined in Division 2.5 (commencing with Section 1797)
    of the Health and Safety Code, in the discharge or attempt to
    discharge any duty of his or her office or employment, when no other
    punishment is prescribed, shall be punished by a fine not exceeding
    one thousand dollars ($1,000), or by imprisonment in a county jail
    not to exceed one year, or by both that fine and imprisonment.

    Sounds like someone refused an (e) check and got hooked up on contempt of cop.
    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


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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