Open carry unloaded
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Thread: Open carry unloaded

  1. #1

    Open carry unloaded

    I emailed the Calif DOJ about open carry unloaded, and they refered me to the local district attoney.
    Here is the reply I got from the San Diego county District Attoney.

    Concealed Firearms: Subject to certain exceptions, the general rule in California is that it is illegal to carry a firearms concealed in a vehicle or concealed upon onesí person (Penal Code 12025.) Our website fully explains the procedures as to how one may apply for a CCW.

    Open Carry: Unloaded weapons may be carried in belt holsters or transported openly in a vehicle, which are not concealed and do not fall under the general rule prohibiting the carrying of concealed firearms (Penal Code 12025(f).

    In order to determine whether or not a firearm is loaded, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. (Penal Code 12031(3)). Refusal to allow a peace officer to inspect a firearm constitutes probable cause for arrest for violation of Penal Code Section 12031.

    Loaded Firearms: A person is guilty of carrying a loaded firearm when he or she carries it 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. (Penal Code 12031.)

    Possession of a Firearm While Wearing a Mask: It is a crime to possess a firearm in a public place or on any public street while masked so as to hide the identity of the person carrying the firearm. (Penal Code 12040).

    Lets all start packin!!

  2.   
  3. #2
    Join Date
    Jan 2008
    Location
    Sun Valley, ID
    Posts
    207
    I'm not sure if I understand the reason for this post. Are you wanting to be able to carry an unloaded weapon openly on your hip, and have a full magazine in your pocket? If not, when why carry it at all. The answer from the DA isn't much help either.

  4. #3

    Gundude

    The answer from the DA satisfied my questions about carrying a gun legally.
    Why carry?
    Personal protection.
    I carry 2 clips on my belt, and it takes about 3 seconds to load.
    I expect if someone were looking for an easy mark, and saw my gun, they might go on and look for an easier target.

  5. #4
    Quote Originally Posted by Gundude View Post
    The answer from the DA satisfied my questions about carrying a gun legally.
    Why carry?
    Personal protection.
    I carry 2 clips on my belt, and it takes about 3 seconds to load.
    I expect if someone were looking for an easy mark, and saw my gun, they might go on and look for an easier target.
    Well I guess if you HAVE to live in California that's one way to make the best of an otherwise horrible situation.

    Those anti-gun laws are disgusting.
    "There is no consitutional right to be protected by the state against being murdered by criminals or madmen." (7th Cir. 1982, Bowers v. DeVito)Stay safe, and stay trained.www.sazsatt.com

  6. #5
    Better than nothing I guess but not great. You can bet the BG that you may face will already have his loaded but when you live CA I guess your lucky to be able to have a gun at all.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  7. #6
    No way I'd EVER live in CA, for a variety of reasons. But...if you gotta...then take what you can get. It's some measure of protection and/or prevention, I guess and may be good for political reasons. Idea being that if enough people see open carry by responsible citizens then eventually maybe this would change the culture for the better. This is an open carry argument which I feel carries some weight. Grasping for straws, here, but hey...

  8. #7
    Join Date
    Aug 2009
    Location
    The High Country
    Posts
    1,029
    Glad I don't live in Commiefornia.

  9. Gundude, If you want to learn more about the intricacies of Unloaded Open Carry in California checkout OpenCarryRadio.com

    Found this forum via Twitter. :)

  10. #9
    Quote Originally Posted by bad_ace View Post
    Gundude, If you want to learn more about the intricacies of Unloaded Open Carry in California checkout OpenCarryRadio.com

    Found this forum via Twitter. :)
    and OpenCarry.org - A Right Unexercised is a Right Lost!

    In addition, you will find that the age limit for unloaded open carry in CA is 18.

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