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Open Carry in California

Discussion in 'General Gun Discussions' started by uwspmgc, Mar 12, 2010.

  1. uwspmgc

    uwspmgc Active Member

    so i recently discovered it is perfectly legal to carry an unloaded handgun in plain view in California. i don't want to get into the legalities of it here and anyone who is curious i recommend visiting www.opencarry.org. i'm hoping to find people who have experiance open carrying in southern Cali, specifically Oceanside. what is the general attitude of law enforcement and the public concerning open carry? am i just asking to get harrassed? thanks for any help you can provide.
  2. Millwright

    Millwright Well-Known Member

    Not for long, bub !! Not for long !! The excremento trolls are already working to "stop up" this 'loophole of freedom'....... >MW
  3. rm23

    rm23 Well-Known Member

  4. Jumping Frog

    Jumping Frog Well-Known Member

    Actually, I think it should properly be called "Open Unarmed Carry".

    I open carry all the time in Ohio, but believe me, my handgun is loaded.

    If you do decide to Open Unarmed Carry, be sure to carry a digital voice recorder.
  5. Kingofthehill

    Kingofthehill Well-Known Member

    I left CA in Sep 09' for Texas. If i would have known it was legal to OC, i would have done it.

    My only suggestion... LEARN THE LAW... Study, Study, Study!... find a friend who will as well and you guys can go over different scenario's and try and stump each other. Basically quiz eachother.

    Invest in a good audio recording device as well...

    STUDY STUDY STUDY... just make sure you know those laws inside and out and dress nicely.

  6. Tamlin

    Tamlin Well-Known Member

    My understanding of how law enforcement views open carry here, and in particular, the open carry group that I think is based out of Escondido, is that they think it's a group of cocky guys showing off their stuff, akin to them playing "whose got the bigger penis." They think open carry is done strictly for the shock value toward the general public. They know it's legal, and I understand they will check the weapon to make sure it's unloaded, but they know they can't do anything to stop people from carrying.

    And the public thinks these guys are turning the beaches into the wild wild west.

    I just wish the law-abiding citizen could easily get a concealed carry permit. I would much rather carry concealed than open carry. John Q. Public would never know, and wouldn't freak out at the sight of an unloaded gun.
  7. KBintheSLC

    KBintheSLC Well-Known Member

    Yeah... it is legal, but the mentality in certain parts of the state can make it downright dangerous. Anywhere down south, and in most of the ultra-liberal urban areas you should expect to attract some attention from the cops. Now I wouldn't let that discourage you. Just comply and be respectful with the officer to show them that we are not all bad. CA has a very deeply entrenched anti-gun sentiment. I believe that it is changing, but remember that change comes slowly.
  8. Beelzy

    Beelzy Well-Known Member

    Oh, it's perfectly legal to UOC but expect to have someone make that "Man with a Gun"
    call to the PD. Then the PD will show up and one of two things will happen:

    1. The officer will ask to see the firearm and check to see if it's loaded, then he will run
    it to make sure it's not stolen, then harass you about possibly being mistaken for a
    Criminal as he hands your firearm back to you.

    2. All of the above, except you will be "Proned Out" for the duration of the contact.

    Depends on who answers the Call.......Sadly.
  9. Kingofthehill

    Kingofthehill Well-Known Member

    I don't know if it is the whole reason behind the Open Carry movement in CA but i think it is...

    Its like Negotiating. Want us to stop Open Carrying? Then approve our Concealed Carry permit requests. out of sight, out of mind.

  10. X-Rap

    X-Rap Well-Known Member

    What ever it is good for them, I think in a few yrs. Cali will have shall issue and that will start the tide to complete the 50 states.
  11. five.five-six

    five.five-six Well-Known Member

    ^ exactly!
  12. Buck Snort

    Buck Snort Well-Known Member

    The liberals in the CA legislature will fight CC with a passion. They'll come up with 10,001stumbling blocks to stop it and dare gun owners to make them into stepping stones.
  13. Kingofthehill

    Kingofthehill Well-Known Member

    Thats fine.... then they will see an overwhelming growth in Open Carry to the point that they will grease the squeaky wheel. CC will be passed and it will turn into a Don't ask Don't tell situation.

  14. Quiet

    Quiet Well-Known Member

    Most common pitfall to UOC (Unloaded Open Carry) in CA are gun free school zones.

    You can not legally UOC within 1000 feet of a school zone.

    So, if you do plan on UOC in CA, you need to know where all the school zones are at and plan your route/where you are going to UOC accordingly.

    One of the benefits of LUCC (Locked Unloaded Concealed Carry) is that it is exempt from the gun free school zone restriction.

    If SCOTUS rules in favor of incorporation, then it is highly likely that a favorable outcome will come about in Sykes v McGinness, which is a lawsuit challenging the "good cause" requirement for CCW permit issuance in CA.
  15. craneman

    craneman Well-Known Member

    Well, I live in Oceanside. I have lived here for 27 yrs. I moved here from South Dakota and I have been around firearms my whole life. I am a huge supporter of 2A and CCW. However, it is my own opinion that in this particular town, in this particular time, it is probably not the best thing to do. I base this on the fact that I have been to every square inch of this town at one time or another (lived in a few of the gang infested neighborhoods) at all times of the day and night. I have NEVER personally seen any open carry. I doubt very seriously many people here have. That being said, I really think the vast majority of people that see you will FREAK out. The cops are going to show up in a hurry, and more than likely not going to be friendly about it. Realize that in the last several years they have lost a few of thier own to criminals with guns. One not very far from where I live. A lucky shot with a .22, but still gun crime directed directly at them, non the less. Believe me it is still in the back of thier minds. They are human, with families and children they love and want to go see at the end of the day. I, in all honesty, can't blame them for being a bit jumpy.

    I have a few friends at OPD and a few casual aqaintences as well. Probably 2% of OPD know me or who I am. If they observed me in open carry, it would result in a friendly conversation about our choices on firearms, but contact for sure. The other 98% I am fairly sure would not be quite as enlightning or fun. Case in point. This really happened to me. I was outside of a bar downtown on a Sat. night, smoking a cigarette. On of my closer friends in OPD was walking a foot patrol with a partner, and we crossed paths. He was showing me his new Barretta service weapon. He let me hold it and look closely at it without removing the magazine or chambered round while standing on the sidewalk downtown :what:. Just as I was about to give it back an OPD cruiser drove by and the officer driving about broke his neck when he observed us :eek:. He came back quick. It all worked out good, we even still laugh about it from time to time. But it gave me the willys later on when I thought back on what could have happened as a result of the other officers misunderstanding. My point with all this is they are human and the reaction you get might not be favorable. I understand why. I don't agree with it, but "it is what it is". And thats all it ever will be here.

    Heck, even going to the range at Iron Sights. They have asked me to "please carry my firearms in a container, when coming in to shoot". I have known of the legality of carrying it in plain sight, unloaded, but thier surrounding neighbors get pretty freaked out about it. They have been in that same building for at least 10-15 yrs. You would figure the neighbors would be used to it. They are not. I can respect that, they are just trying to run a business. A business, I might add, that I frequent, and if not for them I would have to go a long way just to do some range time ;).

    I am far from a person that cowers from exercising ones rights. I am also a realist, and the quote 'leaving sleeping dogs lie" comes to mind. More education of the general public is needed before something like this won't get out of hand. I'm not sure how that will be accomplished in a positive way, but I do know that as firearms enthusiests and supporters of open and concealed carry, we are vastly outnumbered in SoCal. I mean outnumbered by a general populace that believes guns are scary, and anyone carrying one must be up to no good. Unless they are LE, or on duty military.

    Good on you if you decide to exercise your rights. If I happen to see you, I'll be the first to buy you a cup of coffee, and shoot the breeze for a bit. I'm just saying, don't expect a happy encounter with OPD over this. I'm certainly not saying it is right, or should be tolerated. However, I do see where it comes from, and I understand it. just my $.02. Flame suit on.
  16. Zoogster

    Zoogster Well-Known Member

    Loaded unlicensed open carry in incorporated areas has been outlawed in public within California since the state legislator and Ronald Reagan signed legislation prohibiting it into law.

    Open unloaded carry is only technically allowed because the law allows someone to transport an unloaded and unconcealed firearm however they wish.
    Yet the Gun Free School Zone Act (the California version, not federal) prohibits such transport or carry within 1,000 feet of public or private schools.
    This means open unloaded carry can be done for political reasons in pre-planned destinations, but is impractical and unrealistic for reasons such as self defense.

    Most main roads and many side streets go within 1,000 feet of a school.
    Whether you are in a rural area with only a couple main roads, or a highly populated city, you are unlikely to be able to travel without going within 1,000 feet of an elementary, middle, or high school, both public and private.

    The context it is most practiced under is people traveling to a specific destination where then they put on holstered firearms, and spend some time in a limited area more than 1,000 feet from schools. They then take them off in order to actually drive anywhere afterward.
    This does not translate into you can carry an unloaded gun during a typical day.
  17. Zoogster

    Zoogster Well-Known Member

    Then you are in luck!

    Here is a guy with experience legally open carrying an unloaded firearm in Oceanside.
    It was a Marine on the 4th of July, 2008.



    In the end after the marine legally open carrying on the 4th of July was falsely arrested, and legal expenses were paid, I seem to recall everything worked out.
    He was after all not breaking any laws, and only cost a lump of cash for justice to prevail.


    The CalGun board I believe helped him out because it was such a perfect scenario: A marine on the 4th of July, right after Heller. No other charges existed, and it was very straightforward.
    You may not be so fortunate, and charity only comes along so often.
    However because of this guy and similar people many LEO departments have informed their officers of the law.
    So you may not need to spend large sums of money on legal expenses, to do what is legal.
    Last edited: Mar 14, 2010
  18. jmortimer

    jmortimer Well-Known Member

    Unfortunately (as relating to firearms, taxes, illegal aliens, "green" laws, pollution controls on fast/powerful vehicles, etc) I have lived in ********** for over 50 years and anyone who thinks that we will have CCW in the near future is a fool. This state is run by "libtards" and we are near the top in stupid gun laws which are passed every year. We are bankrupt thanks to unions and libtards. As for open carry, thank God it is a growing movement and people are ready to be rousted by "the man." We had open loaded carry until a swarm of angry black men held an armed rally in Sukramento in 1968. The natural reaction was to ban carry of loaded weapons. I follow this movement closely and as stated above it will soon be outlawed. Further, it is a serious crime to have a firearm near a school (1,500 feet) so it is hard to open carry if you don't know where all the schools are. As for unloaded open carry, it is better than nothing as you can have loaded magazines or speed-loaders ready to go on your belt so you could be operational in a second or so if you practiced.
  19. Zoogster

    Zoogster Well-Known Member

    It is 1,000 feet from school grounds.
    Knowing where all the schools are is not hard:

    Staying away from them all without traveling in the craziest zigzag pattern imaginable and not venturing off course is.
    It is highly unrealistic to manage to legally carry throughout a normal day with various errands and travel through an urban area.
    Rural areas are often even worse because they have fewer roads, often only a couple main roads and often have an elementary, middle, and high school along the only main roads.
  20. Buck Snort

    Buck Snort Well-Known Member

    "The liberals in the CA legislature will fight CC with a passion. They'll come up with 10,001stumbling blocks to stop it and dare gun owners to make them into stepping stones."

    Response: "Thats fine.... then they will see an overwhelming growth in Open Carry to the point that they will grease the squeaky wheel."

    Don't kid yourself, they'll do nothing of the kind.

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