CA Open Carry

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WIth regard to hook686's post, I would take every internet post with a grain of salt. But specifically regarding the stuff from the DOJ website, that is in regard to safety, specifically safety in the home but IS NOT addressing LAW with regard to vehicle transport. There is nothing in the Ca penal code which says you need a hard case, plastic case, metal case, etc.It says locked case.

GEtting back to the op, open carry IS legal in Ca and you can have a loaded magazine on you person as long as it is not attached to the firearm. This is law, not an internet opinion.
 
GEtting back to the op, open carry IS legal in Ca and you can have a loaded magazine on you person as long as it is not attached to the firearm. This is law, not an internet opinion.

One caveat. See section 12025. If you are deemed to be carrying a concealed firearm, and you have the ammunition in your possession or immediately accessible to you, you can go to jail for a year and pay a $1000 fine. So BE VERY CAREFUL with this.

Like I said, I'm not advocating that someone make an example of himself, or do something dumb, or push the limits to see what will happen.

I just felt the need to clarify some things before someone went out and bought a steel lock box for a pistol, another one for ammo, etc. You really don't have to go that far, but you do have to know and follow the law or you could find yourself in really hot water.

Every state is different. Some states specifically allow glovebox carry, without a CCW permit. California specifically prohibits glovebox carry. Never assume! That goes for every state. You never know what weird twists might exist in the laws of any particular state. Even a "gun-friendly" state can have some unexpected law, e.g. Montana, where a holstered pistol partially covered by a loose article of clothing can be considered "concealed." Be careful out there.:)

Sorry about the vinegar/honey thing .38. This is about the 5th thread in the past week where someone has insisted that he knew the laws in California, then proceeded to spread false information. I let it get to me, I guess.

That isn't the fault of one guy who thought he was doing the right thing, and I'm sorry. I was wrong to express my accumulated frustration at him.

I would ask that those who aren't sure, please check. The stuff is on the Web now.

Also, beware of local laws against "brandishing," or showing a weapon. I wouldn't OC here in San Diego, in town anyway. Read this story about a guy who could have gotten killed for his gun-shaped belt buckle: http://www.nbcsandiego.com/news/13636340/detail.html

That's not the only story like that, either.
 
Sorry about the vinegar/honey thing .38. This is about the 5th thread in the past week where someone has insisted that he knew the laws in California, then proceeded to spread false information. I let it get to me, I guess.

That isn't the fault of one guy who thought he was doing the right thing, and I'm sorry. I was wrong to express my accumulated frustration at him.
Good show, mate. And no need to apologize to me; I just hate to see a good message spoiled.

Carry on!
 
A lot of misinformation. Armed Bear seems fairly on top of the correct info.

The information people often confuse and then pass on confusing it with lawful transport is there is a section in the penal code that says a loaded firearm as it pertains to having a firearm during the commision of a felony is that the firearm is deemed loaded if both the firearm and the unexpended ammunition are in the immediate control of the same person.

However when not engaged in illegal activity the definition of a loaded firearm itself is an unexpended shell in the chamber or in a magazine/cylinder in the firearm.
Or in more detail:
(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.

Case law shows the "attached to" portion of the law does not apply to shell holders like a side saddle with rounds in it.
So having a firearm on the passenger seat of the car with a loaded magazine next to it if both remain unconcealed (and you probably should not let them touch eachother) is technicaly legal but not advised.


However illegaly concealing it is a seperate offense. So technicaly unloaded open carry with ammunition ready to be loaded into the firearm can in fact be legal in some circumstances (however there is other laws that make it illegal in various locations or while doing different activities.)
However if charged with another crime, then that is considered carrying a loaded firearm even if not loaded.

If the firearm is at any time concealed and not in a locked container you run into legal issues with pc12025 though, which is one of those laws that outlaws practicly everything, and then makes many exceptions where it does not apply.

Also if you go within 1000 feet of a school, many of which are not posted, or are small private schools that do not look like traditional schools with a playground you can be in trouble. If officers learn you carry that way, and they will if you do it often, it is not a stretch to imagine they will simply wait until you drive within 1000 feet of a school and arrest you. It is near impossible to drive through a city and not go within 1000 feet of a school, especialy if you go through a residential area.

There is even further definitions of loaded in other sections of CA law, like the Fish and Game section which only considers a long arm loaded as it pertains to in a vehicle if there is a round in the chamber, but does not include the magazine etc. Of course since that is less than the definition of the penal code it is usualy not that important to mention, but it applies in CA anyways:

2006. It is unlawful to possess a loaded rifle or shotgun in any
vehicle or conveyance or its attachments which is standing on or
along or is being driven on or along any public highway or other way
open to the public.
A rifle or shotgun shall be deemed to be loaded for the purposes
of this section when there is an unexpended cartridge or shell in the
firing chamber but not when the only cartridges or shells are in the
magazine.
So if in legal possession at say your camp sight, which under the penal code is legal, then it could still be illegal to have such a loaded long arm in or even on top of the vehicle. So technicaly even in an RV or a truck camper etc camping in a legal camp spot it would be illegal to have a long arm with a round in the chamber inside while on or beside a public road or "other way" even though the penal code says it is legal.

So even if you think you know the penal code, there is actualy other sections of law that apply to firearms at all times even when you might not think so. The fish and game law above for example applies to all public roads at all times, not just while having something to do with "fish" or "game".

There is even laws that have to do with what type of light is legal to have while armed with a firearm in some circumstances. It can be illegal for example to have a flashlight that is powered by more than 3 volts if you are armed in an area with game (could even be alongside the road in a rural area). Going off to the bathroom while camping with a gun and a flashlight with more than 2 standard batteries for example could therefore be a criminal offense.

My point is that you better do an awful awful lot of research if you want to carry using "loopholes" in the law to the annoyance of local LEO or you will cross a law you do not even know exists and be held accountable.
 
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One caveat. See section 12025. If you are deemed to be carrying a concealed firearm, and you have the ammunition in your possession or immediately accessible to you, you can go to jail for a year and pay a $1000 fine. So BE VERY CAREFUL with this.

:)
 
So if in legal possession at say your camp sight, which under the penal code is legal, then it could still be illegal to have such a loaded long arm in or even on top of the vehicle. So technicaly even in an RV or a truck camper etc camping in a legal camp spot it would be illegal to have a long arm with a round in the chamber inside while on or beside a public road or "other way" even though the penal code says it is legal.

This is a common law in many states. Its intent, as far as I understand, is hunter safety. Too many idiots have had their gun go off or something, so the requirement is that you unchamber before entering any vehicle.

Something to know: this can apply if the gun is touching the car. Again, too many idiots have leaned a loaded rifle or shotgun against a tailgate and walked away. Their buddy gets in and moves his truck and BANG the thing goes off when it falls. So Fish and Game can and will cite you for this.
 
Harley_Quinn said:
ArmedBear said:
One caveat. See section 12025. If you are deemed to be carrying a concealed firearm, and you have the ammunition in your possession or immediately accessible to you, you can go to jail for a year and pay a $1000 fine. So BE VERY CAREFUL with this.
:)

OK, there seems to be some crossed statements here. I'm pretty sure ArmedBear is referring to concealed and not in a locked container.

What I'm getting from Harley_Quinn's thrust is that you can't even legally transport a firearm and target ammo to a firing range.

If I misinterpretted, somebody please set me straight.

Ed
 
I just wanted to thank everyone for this thread. My father is going riding this summer in the Sierra Nevada mountains again this summer. He wanted me to check on California regs and this was a convenient jumping off point.:)

No sense in exposing a 75 year old to potential arrest, even if he is so cranky so cop would bother.:D
 
edrice, Harley Quinn-

I really do want to help people to best understand this stuff and protect themselves, insofar as I can. Let me clarify.:)

The "ammo within reach" is ONLY an issue if you are ALREADY caught violating laws governing concealed firearms. It is an enhancement of the concealed weapons charge.

It does NOT apply if you are carrying the gun legally. You do NOT have to lock up your ammo separately if the gun's locked up, and the ammo can be locked up WITH the gun in the SAME container, as long as the gun is not loaded, per the above legal definition. The CHP website I linked above says exactly this.

Furthermore, it would be stupid to violate the concealed weapons laws while locking up your ammo. You're still committing a crime.

I was not confirming Harley Quinn's post about a legal requirement to lock up the ammo apart from the gun; he is wrong about that. I was posting the only section of the law that mentions "ammo within reach", and again, it only applies if you're already breaking other laws.

My only point was that one should be careful to follow the law about carrying/transport, especially since most of us would have ammo for the gun somewhere nearby. LOCK UP THE GUN, and you're fine.:)
 
The CHP says specifically:

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.

"Container" means "locked container."

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

My point is that you better do an awful awful lot of research if you want to carry using "loopholes" in the law to the annoyance of local LEO or you will cross a law you do not even know exists and be held accountable.

Zoogster is right on. Listen to Zoogster.

Like I said, I don't advocate making an example of yourself or "pushing it." And apart from the flashlight thing, there are legal shooting hours, non-toxic shot laws for waterfowl, and other issues to contend with.

I'm just reiterating that you don't need a collection of separate armor-plate lockboxes bolted to your car, just to go to the range.:)

People do things like that, and if that makes you feel safer from being hassled by Johnny Law, go for it. But it's really more important that you know what the laws are, and follow them.
 
Might have been confusing, I said I lock up ammo and mentioned it for common sense sake, as far as all the other thoughts and mentions. I am not concerned. You want to pick and choose how things are mentioned go for it.

But you did back up my mention about ammo in association with a firearm not locked up. Not a biggie.

Bob, it has been looked at and all things considered you can see it is a question that was worthy of asking and many opinions and thoughts about it.

When it goes to court it is this particular thread you should keep in mind as to all the ways things get manipulated, when some have agendas.

Regards:)
 
Thanks for all the info guys (even though things kind of wandered a little here and there.) I forgot to include in my original post(and for this I sincerely apologize, as it led to much back and forth) that I knew I couldn't OC Loaded, just with the Magazine on the outside of the holster, not in the weapon. Thanks a bunch everyone.
 
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