Usable Exemptions to PC26350 – the analysis of the CGF analysis of AB144
I spent some time dissecting which of the 116 exemptions could be used as a means to nullify 26350. I have pulled out 12 that seem to allow just about anyone carry a holstered handgun after January 1st. Two of these exemptions pretty much keep us exactly where we are on December 31st, 2011. I will leave it to readers to figure out which of these they are. Bear in mind that my interpretations are based on layman's understanding of the law and that this activity is still legally risky.
The Calguns analysis can be found here....
http://www.calgunsfoundation.org/resources/downloads/file/53-davis-cgf-ab-144-analysis-a-faqs.html
26363. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun as merchandise by a person who
is engaged in the business of manufacturing, importing,
wholesaling, repairing, or dealing in firearms and who is licensed
to engage in that business, or the authorized representative or
authorized agent of that person, while engaged in the lawful course
of the business.
#40 Any person licensed and engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms carrying the unloaded handgun as merchandise in the lawful course of business.
While the law stipulates that you would need to be licensed and engaged in the business of manufacturing, importing, wholesaling, repairing or dealing in firearms, it doesn't indicate that you have to turn a profit. In order to meet the criterion, you would need to have a license (since the law does not specify what licence, I think it could be a city business license) and carry your handgun as merchandise offered for sale. To establish this, one might need to apply a price tag- this way you are publicly offering your goods for sale in the course of your business where ever you are.
26375. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by an authorized participant in,
or an authorized employee or agent of a supplier of firearms for,
a motion picture, television or video production, or entertainment
event, when the participant lawfully uses the handgun as part of
that production or event, as part of rehearsing or practicing for
participation in that production or event, or while the participant
or authorized employee or agent is at that production or event, or
rehearsal or practice for that production or event.
#51 Any authorized participant in a video production when the participant lawfully uses the handgun as a part of that production or even, as a part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at the production or event, or rehearsal or practice for that production or event. (Penal Code 26375)
If you have a YouTube Channel and you video record your handgun open carry outings, nothing really changes for you. You are a video producer and each event is a new production or a rehearsal. You are video taping your own documentary. Again, there is no obligation for you to make money or sell your video (Though passing out your own DVD's promoting the second amendment would be pretty neat.) It wouldn't hurt to make some cards or information to pass out about your independent video productions.
#54 Any authorized participant in an entertainment event when the participant lawfully uses the handgun as a part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at the production or event, or rehearsal or practice for that production or event. (Penal Code 26375)
Are there any thespians in the house? By holding an 'entertainment event' you are exempted. Can you juggle? (not your pistols, you goof.) Tell a joke? Sing a song? Recite poetry? Make balloon animals? If you have a talent and schedule a street performance, you are exempted.
26383. Paragraph (1) of subdivision (a) of Section 26350 does
not apply to, or affect, the open carrying of an unloaded handgun
by a person when done within a place of business, a place of
residence, or on private property, if done with the permission of
a person who, by virtue of subdivision (a) of Section 25605, may
carry openly an unloaded handgun within that place of business,
place of residence, or on that private property owned or lawfully
possessed by that person.
#69 Any person openly carrying an unloaded handgun when done within a place of business with the permission of a person who may openly carry within that place of business owned or lawfully possessed by that person pursuant to Penal Code 25605. (Penal Code 26383)
By holding your events at a local pro-gun business, you can openly carry your handgun with the owners permission. Granted, this isn't the same as going to your corner market for an Icee, but if you meet like many groups do, this can establish a base where others will know where to find you outside of searching the internet.
#78 Any person openly carrying an unloaded handgun when done on private property with the permission of a person who may openly carry within that private property owned or lawfully possessed by that person pursuant to Penal Code 25605. (Penal Code 26383)
Yes... private property with permission. Not as much fun as anywhere and anytime.
26362. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by any person to the extent that
person may openly carry a loaded handgun pursuant to Article 4
(commencing with Section 26000) of Chapter 3.
26055 Nothing in Section 25850 shall prevent any person from
having a loaded weapon, if it is otherwise lawful, at the person's
place of residence, including any temporary residence or campsite.
#79 Any person having a handgun at the person's place of residence, including temporary residence or campsite. (Penal Code 26362 & 26055)
So, if you have pitched your tent at occupy whatever street, you have established a temporary campsite. This also has implications if you are traveling in an motor-home. While transporting, you would need to have it locked up. When not traveling, you would be exempted assuming that the RV would be your temporary residence.
26368. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a member of an organization
chartered by the Congress of the United States or a nonprofit
mutual or public benefit corporation organized and recognized as
a nonprofit tax-exempt organization by the Internal Revenue
Service while on official parade duty or ceremonial occasions of
that organization or while rehearsing or practicing for official
parade duty or ceremonial occasions.
#98 Any member of a nonprofit mutual benefit corporation organized and recognized as a nonprofit tax exempt organization by the Internal Revenue Service while practicing or rehearsing official parade duty of that organization. (Penal Code 26368)
Enter a parade as a non-profit? Yes, this is an opportunity for gun owners to interact with the general public. As some groups have found, establishing a community benefit softens the rhetoric from anti-gunners and fosters an image that regular people own and carry handguns.
#100 Any member of a nonprofit mutual benefit corporation organized and recognized as a nonprofit tax exempt organization by the Internal Revenue Service while practicing or rehearsing ceremonial occasions of that organization. (penal Code 26368)
On January 8, 2011, the Brady Campaign to Prevent Gun Violence is holding a candle lighting ceremony and vigil in memory of those who perished as a result of 'gun violence'. A non-profit, could likewise stage a similar ceremony in memory of those victims of crime who could have been saved if only they were armed and instead of burning candles the ceremony would commence with the holstering of pistols and revolvers. And in my view, there isn't anything to prevent such ceremonies and rehearsals from occurring once a week, save perhaps the perception that frequency reduces the impact or seems dismissive of the victims of crime. Perhaps there could be a ceremonial secret handshake. And practice it. Frequently.
26366. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a licensed hunter while
engaged in hunting or while transporting that handgun when going
to or returning from that hunting expedition.
#105 Any licensed hunter while engaged in hunting or while transporting a handgun when going to that hunting expedition. (Penal Code 26366)
#106 Any licensed hunter while engaged in hunting or while transporting when returning from that hunting expedition. (Penal Code 26366)
A hunting license can be had for $43.46 from the California Dept of Fish and Game. It's valid from July 1st to June 30th. The only hang up that I can think of is that some municipalities prohibit hunting inside city limits and [strike] some regulations prohibit using handguns to take certain game[/strike]. Check state and local laws to be sure you fit neatly into this exemption. (ETA- After doing some more research on the issue, it seems that what gun you take game with would be irrelevant- as DFG regulations cannot disarm you of a handgun for self defense purposes...)
26388. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun on publicly owned land, if the
possession and use of a handgun is specifically permitted by the
managing agency of the land and the person carrying that handgun
is in lawful possession of that handgun.
#108 Any person carrying an unloaded handgun on publicly owned land if the possession and use is specifically permitted by the managing agency of the land and the person carrying the handgun is in lawful possession of the handgun. (Penal Code 26388)
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.
#109 Any person carrying an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container. (Penal Code 26389)
LUCC – Locked unloaded cased carry is exempt.