• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Inyo County and Bishop

Dirtbos

New member
Joined
Sep 24, 2007
Messages
6
Location
, ,
I spoke to the Sheriff's Dept and City Police. Unloaded open carry is accepted in the county (Ammunition seperate but on your person). The City of Bishop allows open carry of a weapon, but no ammunition on your person (not sure what the point would be in that case). Is the City of Bishop standing on firm legal ground in their position?
 

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
I believe CA has a preemption law that says no local city or county can enact laws more restrictive then CA state law. So in my opinion they don't have a leg to stand on.

That said when researching CA preemption law this is all I find.

53071. It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing of commercially
manufactured firearms as encompassed by the provisions of the Penal
Code, and such provisions shall be exclusive of all local
regulations, relating to registration or licensing of commercially
manufactured firearms, by any political subdivision as defined in
Section 1721 of the Labor Code.



53071.5. By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in Section 12550 of the
Penal Code, and that section shall preempt and be exclusive of all
regulations relating to the manufacture, sale, or possession of
imitation firearms, including regulations governing the manufacture,
sale, or possession of BB devices and air rifles described in
subdivision (g) of Section 12001 of the Penal Code.

Also http://ag.ca.gov/firearms/dwcl/53701.php

In the above I do not see CA stating no local municipalities may restrict carry of fire arms only registration.

What gives? Am I missing somthing? Please help me understand. Post the CODE that has to do with gun preemption laws.
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
It might be worth $35,000 for a 4th amendment violation. Illegal arrest. Someone needs to school the city on that.
 

Dirtbos

New member
Joined
Sep 24, 2007
Messages
6
Location
, ,
Follow up

I am going to make another phone call on Monday to make sure I was given the policy as defined by Chief Chris Carter. It could be the person I spoke to got it wrong. She could not answer the question and had to ask. Maybe she asked the wrong person.

I appreciate the input on this. I didn't think it was right but wanted to get other opinions before following up.

Thanks,

Mike
 

oc4ever

Regular Member
Joined
Oct 23, 2009
Messages
280
Location
, ,
I would think most parts of Inyo County it would legal to loaded OC being as rural as it is.
 

Dirtbos

New member
Joined
Sep 24, 2007
Messages
6
Location
, ,
While driving offroad

I would think most parts of Inyo County it would legal to loaded OC being as rural as it is.

The question was asked "while driving offroad". Most Central to Northern counties do allow "rural" loaded carry, but only while on foot, as far as I know. "While driving a vehicle" may make the difference.
 
Last edited:

hgreen

Regular Member
Joined
Jun 4, 2010
Messages
470
Location
Centreville, VA
I am going to make another phone call on Monday to make sure I was given the policy as defined by Chief Chris Carter. It could be the person I spoke to got it wrong. She could not answer the question and had to ask. Maybe she asked the wrong person.

I appreciate the input on this. I didn't think it was right but wanted to get other opinions before following up.

Thanks,

Mike

Many LEOS just don't know the law well.

Even in Hermosa Beach where we have had very positive (meaning ZERO) police interactions while OCing the Chief when first asked about OC said the same thing (no ammo allowed on person). After sending them the LA county sheriff and attorney memos about OC they reversed their position and have never done an e-check.
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
The question was asked "while driving offroad". Most Central to Northern counties do allow "rural" loaded carry, but only while on foot, as far as I know. "While driving a vehicle" may make the difference.

It depends on whether or not the county has banned shooting within a certain vicinity of roadways. Kern County is a notable example of a county that has no shooting restrictions whatsoever in unincorporated areas. Outside of incorporated city limits, it's legal to carry a loaded handgun nearly anywhere in that county. Whether or not you are in a vehicle makes no difference, as PC 12031 makes no distinction between carrying a loaded firearm on your person or in a vehicle. The operative language in 12031 is triggered only when the county has banned shooting in that area. See People v. Knight, People v. Segura, People v. Young, and the 1968 CA Attorney General memo.
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
I spoke to the Sheriff's Dept and City Police. Unloaded open carry is accepted in the county (Ammunition seperate but on your person). The City of Bishop allows open carry of a weapon, but no ammunition on your person (not sure what the point would be in that case). Is the City of Bishop standing on firm legal ground in their position?

This is the only firearms related law in the City of Bishop's municipal code.

9.16.010 - Shooting prohibited. No person shall shoot any firearm, air rifle or "BB" gun from or upon any street, road, alley or sidewalk within the city.

http://library.municode.com/index.aspx?clientId=16217&stateId=5&stateName=California

Therefore UOC with ammunition on your person within the city limits should be perfectly legal.
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
It depends on whether or not the county has banned shooting within a certain vicinity of roadways. Kern County is a notable example of a county that has no shooting restrictions whatsoever in unincorporated areas. Outside of incorporated city limits, it's legal to carry a loaded handgun nearly anywhere in that county. Whether or not you are in a vehicle makes no difference, as PC 12031 makes no distinction between carrying a loaded firearm on your person or in a vehicle. The operative language in 12031 is triggered only when the county has banned shooting in that area. See People v. Knight, People v. Segura, People v. Young, and the 1968 CA Attorney General memo.

Slight correction, Kern County only has ONE shooting restriction on the books, you can't discharge a firearm withing a county park. Therefore in unincorporated Kern County, you can LOC except in GFSZs, County Parks, and then normal prohibited areas (Gov't Buildings/Post Office, etc.).

9.20.030 - Public parks.
It is unlawful for any person to discharge any firearm, BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile within or upon the land or water area within the territorial limits of any public or recreational area owned, maintained or operated by the county, except in an area designated for that purpose after approval by the sheriff and the director of parks.

http://library.municode.com/index.a...tomBanner=16251.jpg&imageclass=D&cl=16251.txt
 
Last edited:

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
In the above I do not see CA stating no local municipalities may restrict carry of fire arms only registration.

What gives? Am I missing somthing? Please help me understand. Post the CODE that has to do with gun preemption laws.

You're looking for a preemption law but you should have been looking for a preemption constitutional section. Don't worry, everybody does the same thing at first.

CALIFORNIA CONSTITUTION
ARTICLE 11 LOCAL GOVERNMENT


SEC. 7. A county or city may make and enforce within its limits all
local, police, sanitary, and other ordinances and regulations not in
conflict with general laws.

Since California law says open carrying is lawful, any prohibition on open carrying violates the constitution, and is therefore unenforceable.
 

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
You're looking for a preemption law but you should have been looking for a preemption constitutional section. Don't worry, everybody does the same thing at first.



Since California law says open carrying is lawful, any prohibition on open carrying violates the constitution, and is therefore unenforceable.

DOH! What a NOOB i am. Thanks for clearing that up.
 
Top