California Handgun Open Carry Redux

According to Penal Code Section 26389: "Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container." Whereas Penal Code Section 12026.1 defines a locked container as "a secure container which is fully enclosed and locked by a padlock, key lock; combination lock, or similar locking device."

Here is one version of a secure container which is fully enclosed and locked by a padlock:



Appearing daily at the 2800 block of Sand Hill Road at an entrance to an office complex near the Rosewood Sand Hill hotel at Interstate 280 in Menlo Park:



--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

Michael Zeleny said:

According to Penal Code Section 26389: "Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container." Whereas Penal Code Section 12026.1 defines a locked container as "a secure container which is fully enclosed and locked by a padlock, key lock; combination lock, or similar locking device."

Here is one version of a secure container which is fully enclosed and locked by a padlock:

View attachment 8634

Appearing daily at the 2800 block of Sand Hill Road at an entrance to an office complex near the Rosewood Sand Hill hotel at Interstate 280 in Menlo Park:

View attachment 8635

--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

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I would like to share a couple of comments.

1) L.U.C.C. is not 'open carry' and as such cannot be considered a redux of said activity. It is a legal alternative to open or licensed carry.

2) Most flap holsters are not fully enclosed or considered secure.

3) I personally dont take issue if one has some beef with an alleged rapist or the fact that one wants to exersize their right to free speech, but the intermingling of the two with gun activism AND getting dressed up in an army costume is a freaking grab bag of horrendously bad planning in the public relations department.

By having so many non-interlocking agendas you have unwittingly confirmed the stereotypes that people assume are true because the media tells them this is what gun owners look like and the kinds of things that they all do.

I would suggest strongly that you revisit your strategy making process and whittle your activity and message to ONE simple-to-understand thing- because the potpourri of guns, cameras, bulletproof vest, helmet, and this stake out for an alleged rapist topped off with signs emblazoned with internet meme is damaging to responsible and reasonable gun owners. I do not believe anyone dressed like a paint ball commando can be taken seriously and the fact that people are alarmed at this demonstration should not be surprising. I may be wasting my time in making this suggestion, but for those who intend on instigating media contact with any connection to the gun rights agenda, it is absolutely necessary to dress the part of a reasonable person in business attire. Suit, tie, appropriate shoes. Anything else is a economy pack of stupid our unique political climate.

ConditionThree said:

I would suggest strongly that you revisit your strategy making process and whittle your activity and message to ONE simple-to-understand thing- because the potpourri of guns, cameras, bulletproof vest, helmet, and this stake out for an alleged rapist topped off with signs emblazoned with internet meme is damaging to responsible and reasonable gun owners. I do not believe anyone dressed like a paint ball commando can be taken seriously and the fact that people are alarmed at this demonstration should not be surprising. I may be wasting my time in making this suggestion, but for those who intend on instigating media contact with any connection to the gun rights agenda, it is absolutely necessary to dress the part of a reasonable person in business attire. Suit, tie, appropriate shoes. Anything else is a economy pack of stupid our unique political climate.

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My activity and message respond to a business dispute that ensued in death threats against me and my family, in the wake of which my father got killed by an apartment fire that started in two places at once. I am saving my business attire for more reasonable circumstances. My purpose in this forum is to demonstrate lawful means of open gun carry within the scope of Constitutionally protected speech.

--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

Michael Zeleny said:

My activity and message respond to a business dispute that ensued in death threats against me and my family, in the wake of which my father got killed by an apartment fire that started in two places at once. I am saving my business attire for more reasonable circumstances. My purpose in this forum is to demonstrate lawful means of open gun carry within the scope of Constitutionally protected speech.

--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

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So, the reinforcement of damaging gun owner stereotypes is completely intentional. That's helpful.

ConditionThree said:

So, the reinforcement of damaging gun owner stereotypes is completely intentional. That's helpful.

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If you mean the stereotypes that reserve inalienable rights "for me but not for thee", I'll take your word for it.

--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

Michael Zeleny said:

If you mean the stereotypes that reserve inalienable rights "for me but not for thee", I'll take your word for it.

--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

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I think my meaning is perfectly clear in spite of your efforts to muddy it with the implication of hypocrisy. If one cannot see that playing dress up as a soldier (even in the context of a demonstration) does not promote the reasonableness and acceptance of those who advance gun rights in California, then they certainly cannot see the damage they do when they affirm the worst possible perceptions of second amendment supporters. This is a failure that I believe should be pointed out so our movement is not doomed to repeat it.

ConditionThree said:

I think my meaning is perfectly clear in spite of your efforts to muddy it with the implication of hypocrisy. If one cannot see that playing dress up as a soldier (even in the context of a demonstration) does not promote the reasonableness and acceptance of those who advance gun rights in California, then they certainly cannot see the damage they do when they affirm the worst possible perceptions of second amendment supporters. This is a failure that I believe should be pointed out so our movement is not doomed to repeat it.

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Your pleas for political correctness are wasted on one who fled from the USSR in order to deny the progressive pluralities the opportunity to speak on his behalf, in the furtherance of the principle of speaking only for himself.

--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

Michael Zeleny said:

Your pleas for political correctness are wasted on one who fled from the USSR in order to deny the progressive pluralities the opportunity to speak on his behalf, in the furtherance of the principle of speaking only for himself.

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And when unloaded long gun carry is banned next year, and the wearing of body armor in public the next year how will you reverse that? Oh, you won't, it will be left up to others to attempt to reverse that which you assisted, albeit unwittingly, to create.

I appreciate you zeal to stand against that which is wrong gained through your soviet experiences, but other techniques will get us where we need to be rather then dancing to the other sides pre-choreographed legislative play book.

Michael Zeleny said:

Your pleas for political correctness are wasted on one who fled from the USSR in order to deny the progressive pluralities the opportunity to speak on his behalf, in the furtherance of the principle of speaking only for himself.

--
Michael@massmeans.com | Zeleny@post.harvard.edu | 7576 Willow Glen Road, Los Angeles, CA 90046 | 323.363.1860 | http://www.subrah.com
http://larvatus.livejournal.com | "All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better." -- Samuel Beckett

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Then this will continue to fall upon deaf ears, not because you are incapable of hearing, but unwilling. There are ways to participate in this activity that does not enflame our opposition and burn other freedom loving people. What you have choosen to do is not it. I have long advocated carrying handguns openly - there is nothing policitally correct about it - but I know the difference between that and what amounts to political arson. What you burn down today is extraordinarily difficult to restore in the future, if it can be restored at all.

cato said:

And when unloaded long gun carry is banned next year, and the wearing of body armor in public the next year how will you reverse that? Oh, you won't, it will be left up to others to attempt to reverse that which you assisted, albeit unwittingly, to create.

I appreciate you zeal to stand against that which is wrong gained through your soviet experiences, but other techniques will get us where we need to be rather then dancing to the other sides pre-choreographed legislative play book.

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Damn Cato, how is life under that rock?

cato said:

And when unloaded long gun carry is banned next year, and the wearing of body armor in public the next year how will you reverse that? Oh, you won't, it will be left up to others to attempt to reverse that which you assisted, albeit unwittingly, to create.

I appreciate you zeal to stand against that which is wrong gained through your soviet experiences, but other techniques will get us where we need to be rather then dancing to the other sides pre-choreographed legislative play book.

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I take your point: my rights to speak freely and to keep and bear arms are not to be exercised in the face of my adversaries. I respectfully disagree. My issue is with whatever I must do wherever I need to be, within the scope of my fundamental rights. I leave all ensuing collective concerns to more politically minded citizens.

ConditionThree said:

Then this will continue to fall upon deaf ears, not because you are incapable of hearing, but unwilling.

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The last time I armed and armored myself to protest against venture capitalists knowingly funding a violent incestuous child molester, a pretty girl came by with kind words of support and a drink of water. It seems that some of my neighbors are more attuned to my message than self-proclaimed supporters of their fundamental rights.

Now that we got past the goose-stepping advocacy, I will elaborate the technical issues. Any European style "clamshell" holster will do the trick. The standard German Luger holster is a fine example. I am not especially fond of the Luger as a primary sidearm, but the LP08 Artillery variant makes a surgically accurate carbine, with the added benefit of ensuring reliability by harnessing more of the recoil impulse whilst slowing down its cycle. Regrettably, the holster stock of the far more effective C96 Mauser, my grandfather's favorite in the Civil War, fails to satisfy P.C. 12026.1, as a container that can be readily secured, but which is not fully enclosed, exposing over half of the "broomhandle". I have considered covering this nub with a condom, but settled on a yarmulke design currently under development.

The holster displayed above contains a SIG P210-6HF delivered on 26 February 1975, my 18th birthday. In celebration of its debut in my performances, I hereby extend my annual Swiss gun sale, as announced here. Combat veterans and active duty military and law enforcement personnel will receive a 10% discount from the listed prices, as will any California resident who promises to use the gun for locked unloaded open carry in the foregoing fashion. This offer will remain open for a week, till Monday, 25 June 2012.

I have to say, I am SO GLAD, I live in Michigan, and not California. Speaking as a gun owner that is, licensed to carry and all.

Michael Zeleny said:

According to Penal Code Section 26389: "Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container." Whereas Penal Code Section 12026.1 defines a locked container as "a secure container which is fully enclosed and locked by a padlock, key lock; combination lock, or similar locking device."

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Nice picture!

Since the law allows for "similar locking device," it appears the intent is that the owner could access it but no one else could. In that case, what's stopping people from using a "ring key," i.e. a ring that allows it to be unlocked in half a second while present, but not at all if the ring is more than a few inches away?

since9 said:

Nice picture!

Since the law allows for "similar locking device," it appears the intent is that the owner could access it but no one else could. In that case, what's stopping people from using a "ring key," i.e. a ring that allows it to be unlocked in half a second while present, but not at all if the ring is more than a few inches away?

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The costs of serving as a test case can be prohibitive. The rig I illustrated satisfies the letter of the law. In an emergency, one can always break off the locking device, though care must be taken to make it secure enough for ordinary carry.

Michael Zeleny said:

The costs of serving as a test case can be prohibitive. The rig I illustrated satisfies the letter of the law. In an emergency, one can always break off the locking device, though care must be taken to make it secure enough for ordinary carry.

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The LA criminal courts will accept your challenge and with 100% certainty will find your 'fully enclosed locked container' is not a fully enclosed locked container within the meaning of the statute. A reasonable person would agree with you. A LA criminal court judge is not a reasonable person and will accept the district attorney's interpretation and not yours since there is no case law on the former 12026 exemption to the statute formally known as 12025.

ConditionThree said:

Damn Cato, how is life under that rock?

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Got tired of hearding cats. And I'm working nights. And I miss OCing. Have to plan a trip to Shasta Co (where I won't get recognized). The branding iron still in loaded open territory?

Michael Zeleny said:

one can always break off the locking device

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Never post info usefull to your own potential prosecution. Now it doesn't sound like a very secure container.

cato said:

Never post info usefull to your own potential prosecution. Now it doesn't sound like a very secure container.

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I use pliers to wind heavy gauge steel wire around the strap retainer stud. My front door is no less securely locked for being subject to kicking wide open by jack-booted thugs. Likewise, mutatis mutandis, this locked container.

cato said:

Got tired of hearding cats. And I'm working nights. And I miss OCing. Have to plan a trip to Shasta Co (where I won't get recognized). The branding iron still in loaded open territory?

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Yes. That it is.

And due to a certain impasse, I might be convinced to buy lunch (particularly if it results in significant irritation and dissatisfaction for a certain paunchy statist authoritarian).