CA Open Carry

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bobbarker

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I've looked at all the laws I can find, and from what I can see, it is Legal to open carry while driving your vehicle....and I just wanted to tap in, and make sure on that, so, whoever knows for sure, and responds first (As I'm sure there are a lot of you!) I'd appreciate it. Getting ready to start open carrying, since the #*$!@ Liberals won't let me get a CCW out here. Thank god I'm actually from Michigan and just stationed here. Can't wait to get back home where they love guns!
 
From what I understood reading the laws is open carry is illegal (I don't drive so I didn't pay any attention to any thing had to do with driving).
 
I'm about 99% sure that will get you in trouble.

I beleave the transportation in a locked container rule would apply, could be wrong, but I doubt it.
 
bobbarker said:
I've looked at all the laws I can find, and from what I can see, it is Legal to open carry while driving your vehicle....and I just wanted to tap in, and make sure on that, so, whoever knows for sure, and responds first (As I'm sure there are a lot of you!) I'd appreciate it. Getting ready to start open carrying, since the #*$!@ Liberals won't let me get a CCW out here. Thank god I'm actually from Michigan and just stationed here. Can't wait to get back home where they love guns!
In regards to open carry in CA...

LOADED OPEN CARRY is limited to areas of unincorporated territory where firearms discharge isn’t illegal.

UNLOADED OPEN CARRY (Firearm in belt holster, full magazine in holder on belt) by a law abiding individual is legal anywhere a firearm is not otherwise prohibited by law or by PC 171e definition of a loaded firearm.

You also can not carry an unlocked, unloaded firearm within 1000 feet of a K-12 school. CCW permit holders are exempt from this. So, if you drive around doing unloaded open carry, you can not legally drive within 1000 feet of a school. It's a felony if you get caught doing so.
 
The law in Calif. is very strict. While driving ammo must be locked separate from gun. If you don't have a trunk lock the mag, ammo and gun individually.

Not hearsay, been there, done that.
 
Bob, don't open carry in CA. Don't carry concealed either unless you have a permit. :) If you are going to have a firearm in your car have it locked in a proper case.

Ammo should not be within arms reach. :uhoh: I'll say best to keep it in the trunk.
 
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The law in Calif. is very strict. While driving ammo must be locked separate from gun. If you don't have a trunk lock the mag, ammo and gun individually.

Not hearsay, been there, done that.

It's not hearsay, it's bull****.

From the California Highway Patrol website:
California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

http://www.chp.ca.gov/html/answers.html#05

When will people who don't know about them, stop posting about California gun laws?!? Every single thread about this stuff has one or more major errors posted by people who claim to know what they're talking about. Please... You're not helping anyone.
 
WRT Open Carry...

It is specifically illegal to carry a loaded firearm in a place where it is not legal to shoot it. "Loaded" means any ammo is chambered or in a magazine, clip, etc. attached to the firearm.

See http://ag.ca.gov/firearms/dwcl/12020.php for the laws.

Section 12031:
12031. (a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm 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.
...
(f) As used in this section, "prohibited area" means any place where it is unlawful to discharge a weapon.

Section 12031(g):
(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

It is legal to carry a loaded firearm when hunting, and under other limited and specific conditions, even within city limits, if, say, hunting is legal within city limits. However, in general, open carry in a populated area is illegal. See the web site linked above for details.
 
In California it better be in a container, locked and in the trunk. The ammunition in another box and away from the gun (that is cased, locked and in the trunk)...I just escaped from there...
 
In California it better be in a container, locked and in the trunk. The ammunition in another box and away from the gun (that is cased, locked and in the trunk)...I just escaped from there...

See above...

Please refrain from spreading incorrect information about gun laws in California or anywhere else. It does not help anyone.
 
Originally Posted by Harley Quinn
Ammo should not be within arms reach.

Can you show me anywhere in the Ca penal code where it says it what distance either the ammo or gun must be from the driver?

This thread is a good treatise on the subject.

http://www.calguns.net/calgunforum/s...t=97428&page=2

I believe others have covered it, the locked case is the best thing going. If no case (locked) it should be in the trunk. If you have a pick-up truck, you could get into trouble if you have not got an area to lock it up in. Glove is not acceptable as a general rule, the LEO in charge might allow it being a pick-up though. Most who have pickups have tool carriers and they usually lock it up in that compartment.

Many times some of the stricter laws are not enforced on people who have good Id and are not criminals, much of the time it is up to the arresting officer and "extenuating circumstances" that get you into trouble.

Never carry ammo in a car (unlocked) as far as I am concerned, unless you have a ccw.

For example, I go to a gun range in Northern CA, their rules are no loaded guns, no ammo in the same carrier with the pistol. That means LEO also, there are several LEO that came into the location who would not heed the rules they are no longer allowed to shoot at the range:what:

You walk in "ccw" and you get one warning, not to carry in the location loaded, next time you are not allowed to shoot there anymore. :uhoh:

One day I watched a guy come in with his revolver in a holster loaded. I caught (saw) him before he got to the desk, told him to unload it or he would not be allowed to shoot. New sign was posted. No loaded guns, that means you!

They are strict. In Sacramento city limits, to buy ammo you have to sign for it, give a thumb print, and have valid photo ID. Strict enough for you:) They photocopy the ID to the sales slip for their records.:(
 
Never carry ammo in a car (unlocked) as far as I am concerned, unless you have a ccw.

I have never been able to find a law that states this.

For example, I go to a gun range in Northern CA, their rules are no loaded guns, no ammo in the same carrier with the pistol.

That's their safety rule, not the law.

The law includes exceptions to prohibitions against concealed carry as well as carrying a loaded firearm at a shooting range, as well as, with some restrictions, to and from it.

See 12025, 12026.2 and 12031 here: http://ag.ca.gov/firearms/dwcl/12020.php

A business has, and should have, the right to make its own rules for safety. The law and their policies can be totally different.

I'm not advocating doing anything dumb, unsafe or illegal. There's no need to make an example of yourself, either. But again, see the CHP FAQ above.
 
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Harley Quinn, I understand how you feel. I have a single cab toyota truck with no tool box. A locked case sitting on the passenger seat is legal under the law. There is NO part of the law that states how far from the driver a locked case must be. A guy I know carries loaded magazines in a backpack with guns in locked soft cases in the back seat of his four door pickup. He has been stopped and verified that what he is doing is legal. I know experiences may vary by location but the state law says this is legal.
 
hill_billy said:
Harley Quinn, I understand how you feel. I have a single cab toyota truck with no tool box. A locked case sitting on the passenger seat is legal under the law. There is NO part of the law that states how far from the driver a locked case must be. A guy I know carries loaded magazines in a backpack with guns in locked soft cases in the back seat of his four door pickup. He has been stopped and verified that what he is doing is legal. I know experiences may vary by location but the state law says this is legal.

Well, not only that, you could have a four-seat cab, filled with four bodies and anywhere in the cab is within arms length of someone. Arms length wouldn't be driver-specific, giving reaching privileges to passengers and not the driver.

I frequent an indoor shooting range that is also a training range for the poice dept. On those occasions, I use a locking pistol case inside a soft pack and carry the ammo in the same pack. No problems.

Ed
 
Yeah, when I said "locking case" I meant a soft zippered case, but my mind was zoned out.

I also have the Center of Mass metal locking case for continuous transportage and for when I'm not in the Tundra.

Ed
 
As a fellow Californian who is intimately familiar with our laws, I'd recommend you folks listen to Bear when he writes on the subject. I haven't seen him wrong yet.

Of course, the old saw about attracting more flies with honey than vinegar does come to mind...
 
Yesterday 08:56 PM

bobbarker wrote:


I've looked at all the laws I can find, and from what I can see, it is Legal to open carry while driving your vehicle....

Bob I urge you caution. You might take a look at page 36 of:

http://caag.state.ca.us/firearms/forms/pdf/hscsg.pdf

CARRYING A CONCEALED WEAPON
Carrying a Concealed Handgun Without a License on One’s
Person or in a Vehicle
It is illegal for any person to carry a handgun concealed upon his or her person
or concealed in a vehicle without a license issued pursuant to Penal Code Section
12050 [PC section 12025 (a), (b)]. A firearm locked in a motor vehicle’s trunk
or in a locked container carried in the vehicle other than in the utility or glove
compartment is not considered concealed within the meaning of the Penal Code
Section 12025; neither is a firearm carried within a locked container directly to
or from a motor vehicle for any lawful purpose (PC section 12026.1).
A handgun carried openly in a belt holster is not concealed within the meaning
of the above prohibition [PC section 12025 (e)]. Even if carried openly, a handgun
generally may not be loaded [PC section 12031 (a)]. Also, see “Loaded Firearms
in Public.”
The prohibition from carrying a concealed handgun does not apply to licensed
hunters or fishermen while engaged in hunting or fishing, or while going to or
returning from the hunting expedition (PC section 12027). Notwithstanding this
exception for hunters or fishermen, these individuals may not carry or transport
loaded firearms when going to or from the expedition. The unloaded firearms
should be transported in the trunk of the vehicle or in a locked container other
than the utility or glove compartment (PC section 12026.1).

It seems to me having a loaded firearm on your person without a CCW in an automobile, even while out hunting, or in your vehicle, is bad news in California. I would sure be inclined to rely upon the California Department of Justice before relying upon the opinion of a bear, or .38 special, opinion expressed on the internet. Have you contacted the California DoJ on this matter yet ?
 
RE hill billy's use of a zippered bag for meeting the California requirement, I'd exercise caution.

From page 29 of:

http://caag.state.ca.us/firearms/forms/pdf/hscsg.pdf



SAFETY AND STORAGE DEVICES
If you decide to keep a firearm in your home you must consider the issue of
how to store the firearm in a safe and secure manner. California recognizes
the importance of safe storage by requiring that all firearms sold in California
be accompanied by a DOJ-approved firearms safety device or proof that the
purchaser owns a gun safe that meets regulatory standards established by the
Department. The current list of DOJ-approved firearms safety devices and the
gun safe standards can be viewed at the following DOJ website:
http://www.ag.ca.gov/firearms/fsdcertlist.htm.
There are a variety of safety and storage devices currently available to the public
in a wide range of prices. Some devices are locking mechanisms designed to keep
the firearm from being loaded or fired, but don’t prevent the firearm from being
handled or stolen. There are also locking storage containers that hold the firearm
out of sight. For maximum safety you should use both a firearm safety device and
a locking storage container to store your unloaded firearm.
Two of the most common locking mechanisms are trigger locks and cable locks.
Trigger locks are typically two-piece devices that fit around the trigger and trigger
guard to prevent access to the trigger. One side has a post that fits into a hole
in the other side. They are locked by a key or combination locking mechanism.
Cable locks typically work by looping a strong steel cable through the action of
the firearm to block the firearm’s operation and prevent accidental firing. However,
neither trigger locks nor cable locks are designed to prevent access to the firearm.
Smaller lock boxes and larger gun safes are two of the most common types of
locking storage containers. One advantage of lock boxes and gun safes is that
they are designed to completely prevent unintended handling and removal of a
firearm. Lock boxes are generally constructed of sturdy, high-grade metal opened
by either a key or combination lock. Gun safes are quite heavy, usually weighing
at least 50 pounds. While gun safes are typically the most expensive firearm
storage devices, they are generally more reliable and secure.
Remember: Safety and storage devices are only as secure as the precautions you
take to protect the key or combination to the lock.


gunboxlockingcopy.gif


gunlockscopy.gif


I suggest contacting the California DoJ rather than relying upon internet opinion.
 
I have never been able to find a law that states this.

Armed Bear, Might not be a law, but with Grandkids and common sense that is the way I think it should be done.

I had mentioned:

Never carry ammo in a car (unlocked) as far as I am concerned, unless you have a ccw.

This has gotten away from OP's thought about open carry in CA. Best not to do that IMHO.
 
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