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Thread: Rifle Open Carry question

  1. #1
    Regular Member Born2Lose's Avatar
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    Rifle Open Carry question

    I will be attending the San Diego ULGOC event this Saturday.
    I am going to open carrying my pistol as usual but sling an unloaded SKS on my back to limit media "evil black rifle" drama.

    If someone were to carry an AR and have an empty mag in the well but a full mag coupled to it would it still be legal..i thought the answer was yes until i reread the Open Carry.org "Yes it's legal" pamphlet.
    It has a paragraph at the end that makes me second guess.
    I know that case law says to be considered loaded the ammunition must be in position to be fired but look at this paragraph in the pamphlet.

    Note: For PC12031(e) to be a valid statute, open carry of unloaded firearms must be a legal action. If a full magazine of ammunition is openly carried in a holder on the belt, but not attached to the firearm in any way, the firearm is by definition unloaded as the ammunition is in no way attached to the firearm.
    "If I don't have my pistol, I feel sort of naked." -Unosuke Gunfighter in the movie Yojimbo

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    do not carry the loaded mag attached to the gun.
    use a mag pouch

  3. #3
    Regular Member Born2Lose's Avatar
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    Quote Originally Posted by Iopencarry View Post
    do not carry the loaded mag attached to the gun.
    use a mag pouch
    Then what about shotgunners? Even though case law says it's legal should they not carry in a sidesaddle attached to the rifle or a sling with ammo attached?
    "If I don't have my pistol, I feel sort of naked." -Unosuke Gunfighter in the movie Yojimbo

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    Sks?

    Don't SKS have to have non-detachable magazines to be legal?

    The idea of a taped up back to back magazine one empty inserted in the gun the other full* should *be legal....however I would never do it that way. Too easily for a LEO to show up in court saying he saw it the other way around......and kiss goodby to your freedom and your gun rights. If it is speed of loading you are worrying about, dropping a empty one from the gun and loading it from a detached magazine holder of some type away from the gun should be just about as fast with practice. Being the "trial ballon" case can be financially devastating, even if you win.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by Born2Lose View Post
    I know that case law says to be considered loaded the ammunition must be in position to be fired but look at this paragraph in the pamphlet.
    "Must be in position to be fired." Can you manipulate the firearm so the magazine can be used to load a cartridge and fire the rifle? No. You should be okay. Read People v. Clark if you want to see the reasoning behind the decision.

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    Regular Member Save Our State's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    "Must be in position to be fired." Can you manipulate the firearm so the magazine can be used to load a cartridge and fire the rifle? No. You should be okay. Read People v. Clark if you want to see the reasoning behind the decision.
    Personally I see no advantage or reason to concentrate on having it attached to the gun. When I hiked, I had the rounds attached to my belt. They seemed easier to get to there than on a gun. Also, they were visible as hell. Not hiding a thing

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    Regular Member Born2Lose's Avatar
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    Quote Originally Posted by oc4ever View Post
    Don't SKS have to have non-detachable magazines to be legal?

    The idea of a taped up back to back magazine one empty inserted in the gun the other full* should *be legal....however I would never do it that way. Too easily for a LEO to show up in court saying he saw it the other way around......and kiss goodby to your freedom and your gun rights. If it is speed of loading you are worrying about, dropping a empty one from the gun and loading it from a detached magazine holder of some type away from the gun should be just about as fast with practice. Being the "trial ballon" case can be financially devastating, even if you win.
    Yes they do..that's why i said i'm carrying my SKS..if someone were to carry an AR could they do that.
    I'm not even bring rounds for the SKS because i have no way of open carrying them.

    @ Save our State- The advantage of having a coupled mag would be that i wouldn't need to wear a mag pouch. I could just have the rifle as a unit.
    For instance if i want to dress nice (like i will be at this event) i won't need a rifle mag pouch. I have a monsterman AR with preban mags..the idea of having a mag pouch for hicaps doesn't entice me.
    "If I don't have my pistol, I feel sort of naked." -Unosuke Gunfighter in the movie Yojimbo

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    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Born2Lose View Post
    Yes they do..that's why i said i'm carrying my SKS..if someone were to carry an AR could they do that.
    I'm not even bring rounds for the SKS because i have no way of open carrying them.

    @ Save our State- The advantage of having a coupled mag would be that i wouldn't need to wear a mag pouch. I could just have the rifle as a unit.
    For instance if i want to dress nice (like i will be at this event) i won't need a rifle mag pouch. I have a monsterman AR with preban mags..the idea of having a mag pouch for hicaps doesn't entice me.
    Your SKS is fed by stripper clip. There is no reason why you couldnt have the ammunition in your pocket or in a pouch. There are also stock cuffs that rounds can be carried in.
    New to OPEN CARRY in California? Click and read this first...

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    CL SUBJ IN COMPLIANCE WITH LAW


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    Regular Member Save Our State's Avatar
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    Quote Originally Posted by Born2Lose View Post
    @ Save our State- The advantage of having a coupled mag would be that i wouldn't need to wear a mag pouch. I could just have the rifle as a unit.
    For instance if i want to dress nice (like i will be at this event) i won't need a rifle mag pouch. I have a monsterman AR with preban mags..the idea of having a mag pouch for hicaps doesn't entice me.
    C'mon now...
    you are carrying a sizeable steel mechanical device on your person, but you think a mag pouch is intrusive?

  10. #10
    Regular Member Born2Lose's Avatar
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    Quote Originally Posted by Save Our State View Post
    C'mon now...
    you are carrying a sizeable steel mechanical device on your person, but you think a mag pouch is intrusive?
    Precisely.
    "If I don't have my pistol, I feel sort of naked." -Unosuke Gunfighter in the movie Yojimbo

  11. #11
    Regular Member Born2Lose's Avatar
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    Quote Originally Posted by ConditionThree View Post
    Your SKS is fed by stripper clip. There is no reason why you couldnt have the ammunition in your pocket or in a pouch. There are also stock cuffs that rounds can be carried in.
    Good point Sir.
    "If I don't have my pistol, I feel sort of naked." -Unosuke Gunfighter in the movie Yojimbo

  12. #12
    Regular Member Born2Lose's Avatar
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    Quote Originally Posted by Save Our State View Post
    C'mon now...
    you are carrying a sizeable steel mechanical device on your person, but you think a mag pouch is intrusive?
    This seems like a good solution for me. (if i were to carry my AR in the future)
    "If I don't have my pistol, I feel sort of naked." -Unosuke Gunfighter in the movie Yojimbo

  13. #13
    Regular Member ccrews's Avatar
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    Saw some reasonably priced ($20) VOODO Tactical shotgun and "assault" style scabbards at Ammo Brothers last night. The scabbards has a strap that could be used to shoulder sling your weapon and pockets that might be serviceable for ammo storage.

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    Quote Originally Posted by Born2Lose View Post
    This seems like a good solution for me. (if i were to carry my AR in the future)
    That what 90% of us are doing in afganastand. One in the magwell, 2 in the mag pouch.

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    Regular Member Firemark's Avatar
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    Quote Originally Posted by Born2Lose View Post
    Then what about shotgunners? Even though case law says it's legal should they not carry in a sidesaddle attached to the rifle or a sling with ammo attached?
    Refer to 22nd open carry thread, spoke with senior SDPD, side saddle shotgun shell carriers on stocks are ok, they are not from a position to be fired. They understand the ruling.
    New to OPEN CARRY? Click here first

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    Israeli-style carry is legal and something I actually would utilize.

    Sent from my TracFone

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    How about all you California gun owners just pack up and head to a state that holds your freedoms dear, and let your previous home slip off into the pacific. I find it absurd that questions like this even need to be asked, I find it utterly intrusive on your rights as free, peaceable Americans. Thank you folks, for standing up to the tyrannical government that has slowly eroded your rights, when will they learn that more guns means less crime??? It is a proven fact with a wide spectrum of proof. I sincerely hope you atleast gain some ground in your concealed permitting process, but until then keep up the work, maybe oneday someone will realize your arguments hold some merit....

  18. #18
    State Pioneer ConditionThree's Avatar
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    The answer to this;
    Quote Originally Posted by KYGlockster View Post
    How about all you California gun owners just pack up and head to a state that holds your freedoms dear, and let your previous home slip off into the pacific.
    Might be found somewhere in this...
    Quote Originally Posted by KYGlockster View Post
    I sincerely hope you atleast gain some ground in your concealed permitting process, but until then keep up the work, maybe oneday someone will realize your arguments hold some merit....
    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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