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Thread: Interpreting AB 144

  1. #1
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    Interpreting AB 144

    It says the following:

    26350. (a) (1) A person is guilty of openly carrying an unloaded
    handgun when that person carries upon his or her person an exposed and
    unloaded handgun outside a vehicle while in or on any of the following:
    (A) A public place or public street in an incorporated city or city and
    county.
    (B) A public street in a prohibited area of an unincorporated area of a
    county or city and county.
    (C) A public place in a prohibited area of a county or city and county.

    Therefore, it would seem that one could carry an unloaded handgun in a transparent pouch or bag that encloses the handgun so that the handgun would not be "exposed" according to 26350(a)(1), yet the transparency of the pouch or bag would prevent the handgun from being "concealed" according to 25450, since the handgun remains "visible", but not "exposed". It would seem that it would be legal to carry a handgun in such manner under the provisions of 25450 and 26350.

  2. #2
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    There's no given definition that I could find of the word "exposed." Presumably you're taking it to mean "expose to air" versus "expose to view". The common definition of the word expose means to make visible. The only support I could find for your claim is in CA PC 313.1(d) where "exposed to view" is used. Everywhere else only the word "expose" is used. If you look at the other uses of the word, you'd have a tough time arguing that expose means, "expose to air."

    Creative argument, but I wouldn't use it except as a last-ditch effort to argue my way out of something. I certainly wouldn't rely on it as my sole defense.
    Last edited by bigtoe416; 10-26-2011 at 05:24 PM.

  3. #3
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    Thank you for your research and comment, bigtoe416. I was indeed using "expose" in the general sense of "to uncover or lay bare". I see that the first definition of "expose" in the Oxford English Dictionary is "make (something) visible by uncovering it", which requires the step of uncovering something already covered. A transparent sleeve, bag or container would keep the unloaded handgun covered.

    I agree with your assessment that it would probably not be a good sole defence.

  4. #4
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    If the case locked, that would work. A gun in a locked case is exempt from 26350.

  5. #5
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    "26350. (a) (1) A person is guilty of openly carrying an unloaded
    handgun when that person carries upon his or her person an exposed and
    unloaded handgun outside a vehicle while in or on any of the following:"

    Not doing any serious research here, but I seem to recall that prior to AB 144 it was legal to carry a 'loaded' handgun openly in unincorporated areas. That will still be the case (even after AB 144), right?

    The above paragraph seems to only make it a crime to carry an 'unloaded' handgun openly. Solution (for unincorporated areas only) . . . make darn sure you are carrying a 'loaded' handgun.

    Just saying. I'll let others more knowledgeable of California's nutty laws to opine further. I'm just offering a partially informed opinion for the sake of discussion.

  6. #6
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by OC4me View Post
    "26350. (a) (1) A person is guilty of openly carrying an unloaded
    handgun when that person carries upon his or her person an exposed and
    unloaded handgun outside a vehicle while in or on any of the following:"

    Not doing any serious research here, but I seem to recall that prior to AB 144 it was legal to carry a 'loaded' handgun openly in unincorporated areas. That will still be the case (even after AB 144), right?

    The above paragraph seems to only make it a crime to carry an 'unloaded' handgun openly. Solution (for unincorporated areas only) . . . make darn sure you are carrying a 'loaded' handgun.

    Just saying. I'll let others more knowledgeable of California's nutty laws to opine further. I'm just offering a partially informed opinion for the sake of discussion.
    Correct. the new law does not regulate LOC where it is still legal to do so.
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    CL SUBJ IN COMPLIANCE WITH LAW


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  7. #7
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    Quote Originally Posted by ConditionThree View Post
    Correct. the new law does not regulate LOC where it is still legal to do so.
    So now LEOs will detain loaded open carriers to make sure that the firearm is actually loaded . . . and that would serve what purpose?

  8. #8
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by OC4me View Post
    So now LEOs will detain loaded open carriers to make sure that the firearm is actually loaded . . . and that would serve what purpose?
    Negative. The places the law lists are all places where carrying loaded is prohibited. Carrying loaded in unincorporated area where discharge is not prohibited is fine, carrying unloaded there is fine too. Officers cannot detain/inspect/whatever in those locations.

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