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Thread: Open carry of a loaded firearm

  1. #1
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    Open carry of a loaded firearm

    Penal code section 25850 only prohibits open carry of a loaded firearm 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. I live and normally stay within Calaveras County, where there is only one incorporated town, Angels Camp. Does that suggest that I can pretty much open carry loaded through the county as long as I stay away from Angels Camp?

  2. #2
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Mican View Post
    Penal code section 25850 only prohibits open carry of a loaded firearm 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. I live and normally stay within Calaveras County, where there is only one incorporated town, Angels Camp. Does that suggest that I can pretty much open carry loaded through the county as long as I stay away from Angels Camp?
    Generally, yes.

    This assumes you are aware of the other pitfalls of possession and transportation that affect all Californians. School zones, prohibited discharge areas, postal property, and public buildings are all still in play. you will need to consult an attorney to be fully in compliance.
    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


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  3. #3
    Regular Member Decoligny's Avatar
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    Calaveras County Ordinance 9.12.030 makes it illegal to disharge a firearm within 150 yards of any building.

    http://library.municode.com/index.aspx?clientId=16236

    That means you can carry a loaded firearm as long as you stay 450 feet away from any building.

    Also, CA PC 626.9 makes it illegal to carry a concealable firearm within 1,000 feet of K-12 school property.

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    However, Section 9.12.30 appears to be limited to actually prohibiting the discharge of any firearm within 150 yards of any occupied building without the permission of the owner. It says nothing about simply carrying a weapon, loaded or unloaded, within such distance.

  5. #5
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Mican View Post
    However, Section 9.12.30 appears to be limited to actually prohibiting the discharge of any firearm within 150 yards of any occupied building without the permission of the owner. It says nothing about simply carrying a weapon, loaded or unloaded, within such distance.
    It is unlawful for any person, other than the owner, person in possession of the premises, or a person having the express written permission of the owner or person in possession of the premises, to discharge any firearm (as defined in California Penal Code section 12001.2(b)) within one hundred fifty yards of any occupied dwelling, house, residence, or other building or any barn or other outbuilding used in connection therewith. The one hundred fifty-yard area is a "safety zone".
    Discharge is prohibited by local ordinance in this 'safety zone'.

    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.
    What is a prohibited area?

    12031(f) As used in this section, "prohibited area" means any place
    where it is unlawful to discharge a weapon.
    Combining the two laws makes it so that you would have to carry unloaded anywhere inside this invisable 'safety zone'.
    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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