Any California THR members open carrying?

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I just completed a work contract in SoCal. Never saw anyone open carry. According to the police-yes open carry is legal, but be very careful. 1) You will be stopped to ascertain if the gun is loaded. 2)the ammo is to be carried openly also. Any concealed ammo is illegal.
This right disappears Feb. of 2010. enjoy for a few more days!
ll
 
Does anyone think open carrying an unloaded weapon makes sense?

Do you think carrying NO weapon makes more sense?

Seriously. The gun owners in California have found a way around some of the massive restrictions they face.

It's not perfect, but it's better than nothing. Given the choice between something and nothing why in the world would you choose nothing?
 
Here is the story on the concealed magazines, from one of the CA open carry groups. It is not codified as illegal but.....

While there is no code that supports this, there was an appellate case in 1974, People v. Hale, that ruled this way. It ruled that although the firearm in question was not concealed, the magazine was, and that only partial concealment is still concealment, and that the magazine was an "essential component" of the firearm. The logic is tortured beyond belief, but it currently could be used as a persuasive precedent in court. One way to avoid this pitfall is to carry your magazines in belt holsters, so that they match the 12025(f) language of "carried openly in belt holsters". Another option would be to keep an unloaded magazine in the firearm, thereby "completing" the firearm, and invalidating the asinine "essential component" logic.


This right disappears Feb. of 2010. enjoy for a few more days!

What is the change?
 
TexasRifleman Thanks for the clarification. NavyLt go ahead and carry your way-hope it turns out OK for you.
A law was passed last fall that goes into effect Feb 2010 that does away with open carry in Ca.
ll
 
A law was passed last fall that goes into effect Feb 2010 that does away with open carry in Ca.
Well now that any further discussion on the matter is pointless..........

I'd like to thank NavyLT, TexasRifleman, DocCas, and Werewolf for providing some insight on the benefits (regardless of handicap placed) in the "CA open-carry" law.


I'm still VERY skeptical in ones ability to draw, load, chamber and fire a pistol before the criminal in question goes directly in fight or flight mode with his already loaded & chambered weapon pointed on you......

But depending on the circumstances and your training ability anything is possible.

Not to mention rule #1 of a gunfight is after all to have a gun......
 
Kimber45acp,

Not "everybody" is saying Feb. 2010. Only lloveless is and he/she won't be able to post a citation to it.
 
Only lloveless can prove it exists. Nobody but him has found it. Until he tells us where this secret knowledge is, it's fake.
 
He has that confused with Groundhog Day. If the groundhog sees his shadow, you can't open carry for six weeks.

I live in CA and UOC everyday with no problem. I'm old and retired and like the old saying, "Never pick a fight with an old man. If he's too old to fight, he'll just kill you". That coulld be why no one bothers me.
 
Without making a spectacle of themselves, I know a lot of folks here who carry a firearm in plain sight (laying on the car seat) in their vehicle and keep a mag in their pocket. Walking around most populated areas UOC brings a lot of attention to you.

That would be illegal.

It needs to be in a locked container other than the glove/utility box/compartment.

http://ag.ca.gov/firearms/travel.php

Basically, CA doesnt want you to be able to grab it while driving.

Ive asked "What about a truck? Its not "safe" locked up in an open bed!"

I've been told by more than one officer "locked container behind the seat".
 
I'm still VERY skeptical in ones ability to draw, load, chamber and fire a pistol before the criminal in question goes directly in fight or flight mode with his already loaded & chambered weapon pointed on you......

I'm skeptical of it too, don't misunderstand me. All I'm saying is that if it came down to this or nothing, I'd rather at least have a fighting chance than be a completely disarmed victim.

As for the Feb '10 thing, I don't honestly know one way or the other but I've searched and searched and I find no references to that particular piece of the California code being changed.
 
That Feb 2010 business is total crap. If there was anything to it, everyone at www.opencarry.org would be sceaming like violated virgins.

However there is a law that takes effect in Feb. 2011, in CA, that bans buying ammo over the internet.
 
To answer the original question, I have UOCed twice, but then again I only started in 2010. I feel safe when with other UO Carriers. I would not feel safe doing it alone since the gun itself is an attractive prize.
 
A law was passed last fall that goes into effect Feb 2010 that does away with open carry in Ca.

I believe you need to specify exactly which law you have in mind. I make it my business to follow California bills, and I'm not aware of any law in the 2009 session that 'does away with open carry'.

Now, that's very different from suggesting that unloaded open carry (UOC) is a good idea. Besides the silly responses from some LE agencies, there's this little problem with school zones.

But a carefully organized event with UOC can be a non-threatening public information occasion, which may - I emphasize may - help to educate the public on gun rights, and if it works that way that would be a Good Thing.
 
I know a lot of folks here who carry a firearm in plain sight (laying on the car seat) in their vehicle and keep a mag in their pocket.

This is illegal due to current case law interpretation (which is a poor interpretation of the law, but is still the legal precedent) in the Hale case.
Carrying ammunition concealed is legal. Carrying a loaded magazine concealed is consider carrying a concealed firearm under PC12025. Yet it is not considered carrying a loaded firearm. (PC12031)
So a magazine can be a firearm when concealed, but a loaded magazine cannot be a loaded firearm.

California's version of the Gun Free School Zone Act also does not have the case law that makes it almost meaningless like the federal version. This means without meeting one of many exemptions it is a major crime to be carrying a firearm that way when in a school zone. It is almost impossible to drive across a regular size town without crossing through several public and private school zones.


It needs to be in a locked container other than the glove/utility box/compartment.
This is not actually completely accurate. That is one exemption to PC12025. The easiest to prove in court after the fact as well. But there is literally dozens of equally valid exemptions under the law.

You see keeping the gun in a locked container is not a requirement for transport. It is an exemption to PC12025 which outlaws concealing a firearm. Essentially saying that concealing it in a locked container is not a crime like concealing it in a container would be.
So that exemption is only required if the firearm is concealed. If it is not concealed it is not a requirement.
However it is the most advisable way to transport because it is simple.

Once again meeting one of these exemptions is only required if the firearm is concealed! If unconcealed meeting these exemptions is not even required. These are not the requirements for transport, but the requirements for legally concealing the firearm:

They law is long so I will bold just some of where it is legal to CONCEAL the firearm:



12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order
issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety. This section may not apply when the circumstances
involve a mutual restraining order issued pursuant to Division 10
(commencing with Section 6200) of the Family Code absent a factual
finding of a specific threat to the person's life or safety. It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.



12026. (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state
, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property
owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.

(b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required
of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code, to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person within the citizen's or legal resident's place of
residence, place of business, or on private property
owned or
lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the
application of Section 12031.



12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation
of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.

(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.



12026.2. (a) Section 12025 does not apply to, or affect, any of the
following:

(1) The possession of a firearm by an authorized participant in a
motion picture, television, or video production or entertainment

event when the participant lawfully uses the firearm as part of that
production or event or while going directly to, or coming directly
from, that production or event.
(2) The possession of a firearm in a locked container by a member
of any club or organization, organized for the purpose of lawfully
collecting and lawfully displaying pistols, revolvers,
or other
firearms, while the member is at meetings of the clubs or
organizations or while going directly to, and coming directly from,
those meetings.
(3) The transportation of a firearm by a participant when going
directly to, or coming directly from, a recognized safety or hunter
safety class, or a recognized sporting event involving that firearm.

(4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026.
(5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or
the lawful transfer, sale, or loan of that firearm.

(6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully
received that firearm to that person's place of residence or place of
business or to private property owned or lawfully possessed by that
person.
(7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.

(8) The transportation of a firearm by an authorized employee or
agent of a supplier of firearms when going directly to, or coming
directly from, a motion picture, television, or video production or
entertainment event for the purpose of providing that firearm to an
authorized participant to lawfully use as a part of that production
or event.

(9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range
, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.

(10) The transportation of a firearm by a person when going
directly to, or coming directly from, a place designated by a person
authorized to issue licenses pursuant to Section 12050
when done at
the request of the issuing agency so that the issuing agency can
determine whether or not a license should be issued to that person to
carry that firearm.
(11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity
for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite.
This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.
(12) The transportation of a firearm by a person in order to
comply with subdivision (c) or (i) of Section 12078 as it pertains to
that firearm.
(13) The transportation of a firearm by a person in order to
utilize subdivision (l) of Section 12078 as it pertains to that
firearm.
(14) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show or event
, as defined
in Section 478.100 of Title 27 of the Code of Federal Regulations,
for the purpose of lawfully transferring, selling, or loaning that
firearm in accordance with subdivision (d) of Section 12072.
(15) The transportation of a firearm by a person in order to
utilize paragraph (6) of subdivision (a) of Section 12078 as it
pertains to that firearm.
(16) The transportation of a firearm by a person who finds the
firearm in order to comply with Article 1 (commencing with Section
2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to
that firearm and if that firearm is being transported to a law
enforcement agency, the person gives prior notice to the law
enforcement agency that he or she is transporting the firearm to the
law enforcement agency.
(17) The transportation of a firearm by a person in order to
comply with paragraph (2) of subdivision (f) of Section 12072 as it
pertains to that firearm.
(18) The transportation of a firearm by a person who finds the
firearm and is transporting it to a law enforcement agency for
disposition according to law, if he or she gives prior notice to the
law enforcement agency that he or she is transporting the firearm to
the law enforcement agency for disposition according to law.
(19) The transportation of a firearm by a person in order to
comply with paragraph (3) of subdivision (f) of Section 12072 as it
pertains to that firearm.
(20) The transportation of a firearm by a person for the purpose
of obtaining an identification number or mark assigned for that
firearm from the Department of Justice pursuant to Section 12092.
(b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.
(c) This section does not prohibit or limit the otherwise lawful
carrying or transportation of any pistol, revolver, or other firearm
capable of being concealed upon the person in accordance with this
chapter.
(d) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.

Continued Next post..
 
12027. Section 12025 does not apply to, or affect, any of the
following:
(a) (1) (A) Any peace officer, listed in Section 830.1 or 830.2,
or subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of these officers to assist
in making arrests or preserving the peace while he or she is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this subdivision. As used in
this section and Section 12031, the term "honorably retired" includes
all peace officers who have qualified for, and have accepted, a
service or disability retirement. For purposes of this section and
Section 12031, the term "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
(B) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a concealed
firearm.
(C) No endorsement or renewal endorsement issued pursuant to
paragraph (2) shall be effective unless it is in the format set forth
in subparagraph (D), except that any peace officer listed in
subdivision (f) of Section 830.2 or in subdivision (c) of Section
830.5, who is retired between January 2, 1981, and on or before
December 31, 1988, and who is authorized to carry a concealed firearm
pursuant to this section, shall not be required to have an
endorsement in the format set forth in subparagraph (D) until the
time of the issuance, on or after January 1, 1989, of a renewal
endorsement pursuant to paragraph (2).
(D) A certificate issued pursuant to this paragraph for persons
who are not listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 or for persons
retiring after January 1, 1981, shall be in the following format: it
shall be on a 2X3 inch card, bear the photograph of the retiree, the
retiree's name, date of birth, the date that the retiree retired,
name and address of the agency from which the retiree retired, have
stamped on it the endorsement "CCW Approved" and the date the
endorsement is to be renewed. A certificate issued pursuant to this
paragraph shall not be valid as identification for the sale,
purchase, or transfer of a firearm.
(E) For purposes of this section and Section 12031, "CCW" means
"carry concealed weapons."
(2) A retired peace officer, except an officer listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall
petition the issuing agency for the renewal of his or her privilege
to carry a concealed firearm every five years. An honorably retired
peace officer listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 who retired prior
to January 1, 1981, shall not be required to obtain an endorsement
from the issuing agency to carry a concealed firearm. The agency from
which a peace officer is honorably retired may, upon initial
retirement of that peace officer, or at any time subsequent thereto,
deny or revoke for good cause the retired officer's privilege to
carry a concealed firearm. A peace officer who is listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall have
his or her privilege to carry a concealed firearm denied or revoked
by having the agency from which the officer retired stamp on the
officer's identification certificate "No CCW privilege."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry concealed
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually. The
individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a concealed firearm. The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
(b) The possession or transportation of unloaded pistols,
revolvers, or other firearms capable of being concealed upon the
person 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.

(c) Members of the Army, Navy, Air Force, Coast Guard, or Marine
Corps of the United States, or the National Guard, when on duty
, or
organizations which are by law authorized to purchase or receive
those weapons from the United States or this state.
(d) The carrying of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person by duly authorized
military or civil organizations while parading,
or the members
thereof when going to and from the places of meeting of their
respective organizations.
(e) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.

(f) Members of any club or organization organized for the purpose
of practicing shooting at targets upon established target ranges,
whether public or private, while the members are using pistols,
revolvers, or other firearms capable of being concealed upon the
person upon the target ranges, or transporting these firearms
unloaded when going to and from the ranges.

(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.
(h) Transportation of unloaded firearms by a person operating a
licensed common carrier
or an authorized agent or employee thereof
when transported in conformance with applicable federal law.
(i) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a concealed
firearm.
Upon that approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that he or she may carry
a concealed firearm in accordance with this subdivision. The permit
shall be valid for a period not exceeding five years, shall be
carried by the retiree while carrying a concealed firearm, and may be
revoked for good cause.
The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a fee
necessary to cover any reasonable expenses incurred by the county.
(j) The carrying of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person who is authorized to
carry that weapon in a concealed manner pursuant to Article 3
(commencing with Section 12050).


Anyone meeting one of the bold exemptions above does not need to have it in a locked container to conceal the unloaded firearm. That is only one exemption per 12026.1 Not at all the only one. (and some of the exemptions allow it to be loaded as well but not most as relevant to what I was responding to.)
I repeat these exemptions only need to be met to conceal it, not to transport it unconcealed.
So transport in a locked container is not a "requirement". It is one of many exemptions that make it legal to conceal it while transporting it.

Just as for example:
"3) The transportation of a firearm by a participant when going
directly to, or coming directly from, a recognized safety or hunter
safety class, or a recognized sporting event involving that firearm."
Means it can be concealed outside of a locked container and still be immune to PC12025 meeting an exemption.

Or "5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or
the lawful transfer, sale, or loan of that firearm"
Means it can be concealed without being in a locked container if you just bought it, or are taking it to be sold, transferred or fixed.

Or "(7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner."
Going to a gun show means you don't have to lock up your guns to conceal them.

Or "(9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license,"
Going directly to or from a range with a business license? You can conceal it and don't need it locked up at all.

Or "(11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite."
Going camping? You can conceal the unloaded handgun and don't need it to be in a locked container to meet an exemption.
Etc etc

So it is actually legal to transport a concealed unloaded handgun outside of a locked container for the majority of places you would take a firearm to use.
The only thing that really requires a locked container is to conceal the firearm when not going directly to or from such an exempted activity. Like to just store or transport the gun in the vehicle in general when not actually going somewhere to use it.

Yet none of those exemptions are even required for non concealed firearm.
 
Further.

12026. (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.

Means anyone may either open or concealed carry in their home, place of business, camping spot or on their private property.
They may do so fully loaded, as long as not legally in public (per 12031.)

So you can open or concealed carry a fully loaded firearm at home, at your business, or on your own private property not meeting the legal definition of "public place" at any time.
A little research and you can learn exactly what the legal definition of "public place" is under California law, and how to easily have any private property a non "public place" under the law.

No license or permit required.
 
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Wow, I'm dismayed, there was 2-3+ proclamations of completely incorrect legal advice in this thread!!! :banghead::banghead::banghead:

Folks, if you didnt check the law and see it for yourself don't share it! please!
 
Ok so this is for the lawyers here. Keep in mind I intend to speak to my Sheriff's Dept. before engaging in Open Carry.

Scenario: A short trip to the mall, best buy, In-N-Out burger, Starbucks etc... Am I legally allowed to open carry so long as I am not within 1000 feet of a school. These are not government buildings or sensitive areas, such as an airport or courthouse. I may keep a 1911 on my hip, unloaded, and magazine pouch(s) on the other hip so long as both are fully visible.

Is this correct? Or have I might have missed something?
 
Quote:
Originally Posted by gbran
Without making a spectacle of themselves, I know a lot of folks here who carry a firearm in plain sight (laying on the car seat) in their vehicle and keep a mag in their pocket. Walking around most populated areas UOC brings a lot of attention to you.


Quote by me danez71
That would be illegal.

It needs to be in a locked container other than the glove/utility box/compartment.

http://ag.ca.gov/firearms/travel.php

Basically, CA doesnt want you to be able to grab it while driving.

Ive asked "What about a truck? Its not "safe" locked up in an open bed!"

I've been told by more than one officer "locked container behind the seat".



This is not actually completely accurate. That is one exemption to PC12025. The easiest to prove in court after the fact as well. But there is literally dozens of equally valid exemptions under the law.
So it is actually legal to transport a concealed unloaded handgun outside of a locked container for the majority of places you would take a firearm to use.
The only thing that really requires a locked container is to conceal the firearm when not going directly to or from such an exempted activity. Like to just store or transport the gun in the vehicle in general when not actually going somewhere to use it.

Uh ok. The post I was replying to made NO mention of ANY type action associated with the exemptions you cited. The context of the post I responded to was that he knows people that lay the gun on the car seat and have a mag in their pocket as (at least a somewhat) a common prctice; not just going to and from and exempted place/activity.

Under that context, my post is accurate. And should have been clear (but maybe it wasnt) that I was not trying to find the wiggle room/loop hole in the law when I said
Basically, CA doesnt want you to be able to grab it while driving.

Doing what that poster described and relying on the reason of " I was going to/from and shoting range " type defense when a cop sees the gun laying on the seat is not likely to go well at all.

Additionally, that poster said 'with a mag in their pocket'. If that mag is loaded in their pocket and the gun is laying open on the seat.... I could pretty much bet that person is going to be arrested if discovered by an officer in CA (not rural area).
 
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cenario: A short trip to the mall, best buy, In-N-Out burger, Starbucks etc... Am I legally allowed to open carry so long as I am not within 1000 feet of a school. These are not government buildings or sensitive areas, such as an airport or courthouse. I may keep a 1911 on my hip, unloaded, and magazine pouch(s) on the other hip so long as both are fully visible.

Is this correct? Or have I might have missed something?

That's pretty much correct in a nutshell. However, you should read all the info at californiaopencarry.org/ first.

They recommend that you do NOT do this unless you have the resources to deal with an arrest. The possibility is VERY real that you will be arrested anyway.

As the saying goes, you may beat the rap but you may not beat the ride.
 
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