imported post
Theseus wrote:
Agreed. He is mixing up California law with law from other states. The stuff he is quoting about the gun being visible from three sides and your car being an extension of your home are simply not the law in California. Your car is certainly not an extension of your home here. If that were the case it would be legal to have a loaded, concealed handgun in your car, which it is not.
As far as visibility goes, you need to use common sense. "Visible from three sides" is not the written law nor is it case law. To my knowledge there is no binding case law in California which defines what is and what is not concealed. Open carry has not been done enough in this state post-Mulford for there to be a significant amount of case law. PC 12025(f) says "Firearms carried openly in belt holsters are not concealed within the meaning of this section." but that is not to be construed as the only acceptable method of carry, merely an example of what is legal. Carrying in a car with the seatbelt (and perhaps the center console) partially obscuring the holster, has not been tested. My unqualified advice would be that as long as it is clearly visible and identifiable as a firearm to the casual observer, it is not concealed. I am not a lawyer.
Theseus wrote:
I am sorry, but cite?
Agreed. He is mixing up California law with law from other states. The stuff he is quoting about the gun being visible from three sides and your car being an extension of your home are simply not the law in California. Your car is certainly not an extension of your home here. If that were the case it would be legal to have a loaded, concealed handgun in your car, which it is not.
As far as visibility goes, you need to use common sense. "Visible from three sides" is not the written law nor is it case law. To my knowledge there is no binding case law in California which defines what is and what is not concealed. Open carry has not been done enough in this state post-Mulford for there to be a significant amount of case law. PC 12025(f) says "Firearms carried openly in belt holsters are not concealed within the meaning of this section." but that is not to be construed as the only acceptable method of carry, merely an example of what is legal. Carrying in a car with the seatbelt (and perhaps the center console) partially obscuring the holster, has not been tested. My unqualified advice would be that as long as it is clearly visible and identifiable as a firearm to the casual observer, it is not concealed. I am not a lawyer.