627PCFan
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So can you open/unloaded/Carry a firearm with a loaded mag on you belt as well?
Open Carry in California
- Thread starter uwspmgc
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TT
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How are California gun owners doing well?
Yes! But a concealed box magazine is considered a concealed firearm under the law per case law on PC12025.
But a loaded magazine is not a loaded firearm per PC12031.
So a magazine is not a firearm under PC12031 (loaded weapon in public), but is a firearm under PC12025 (concealed handgun if outside of exemptions).
Which means it is not a firearm, unless you conceal it and then it magically becomes an illegally carried concealed firearm.
So an open carried unloaded handgun with a magazine in your pocket would be illegal. But with an exposed magazine pouch it is legal.
A concealed magazine while carrying a firearm unloaded and openly is probably the most common violation of those poorly informed.
It is however perfectly legal to keep an unloaded rifle with a loaded detached magazine (not internal), and even conceal it within the vehicle. An unloaded shotgun with rounds in a side saddle as per case law is also perfectly legal.
The Gun Free School Zone Act does not apply to them:
As defined under state law, in a state where the average person cannot have a SBR or SBS, "capable of being concealed on the person" is a handgun, or potentially some AOWs. So an unloaded rifle or shotgun under a blanket, or behind or under a seat, or otherwise concealed in the vehicle is perfectly legal.
PC12025 does not apply to long guns. The only requirement for long guns is that they be unloaded, but they can be kept with ammunition, and under case law even in side saddles on the gun.
While I do not recommend it, it is in fact legal to conceal a handgun when on your way to a shooting range, hunting, to transfer it or have it repaired, or many other exempted activities under PC 12026, 12026.1 and 12026.2 A locked container is just one exemption under PC 12026.1, but there is many more that cause exemption to PC12025. A locked container is just the one recommended to everyone because it is the easiest one not to screw up, and does not depend on where you are going to meet an exemption.
So tossing the unloaded handgun or magazines, even loaded magazines, in your pocket, bag, or random unlocked container under many circumstances specifically listed in the law is in fact entirely legal. It is just not recommended.
So you could have just tossed the gun in your pocket, and legally walked right in without panicking people by carrying it openly. They probably wouldn't like that either though, when they realize it when you pull the gun out later, but it is legal.
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It certainly is, but as it applies to handguns without a carry license California has more freedom than Georgia.
It is much easier to get a permit in Georgia, but you have even fewer freedoms than in California without one.
This unloaded open carry in Georgia without a license for example would be a crime.
Any concealed firearm without a license in a public place is also a crime in Georgia. So while in California you are free to carry an unloaded long gun in a vehicle concealed or unconcealed, with ammunition readily available and with the gun, you could not do so in Georgia.
Concealing a handgun is also exempt in California law under most circumstances of going someplace to actually legally use that gun. To and from stores, transfers, gun shows, hunting, licensed target range, and many others listed in law.
While in Georgia it is simply always illegal without a license.
Georgia's Gun Free School Zone is also worse than California's it appears:
Even in California universities, technical schools, vocational schools, school board buildings etc are not part of the definition of school zone. You cannot bring them onto the campus of a University in California, but you certainly can go within 1,000 feet of them driving by. Only k-12 is part of that definition in California and 1,000 foot rule.
Looking up every vocational school would be impossible.
Georgia in many respects is quite a bit worse for someone without a license. The only saving feature is asking permission to carry and being given that permission and license if you pay the fee and meet requirements is easier in Georgia.
Without a license Californians have more freedoms than Georgians, or most of the East coast for that matter (with the exception of Virginia and Florida), and many other states of the nation.
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Shawn Dodson
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I "open carried" a Chinese Type 56 SKS to San Luis Rey elementary school for show & tell, when I was in the 4th grade and lived in Oceanside. It was a war trophy recovered from the battlefield in Vietnam where my father earned his Purple Heart. I asked permission from my teacher (Mrs. Marinello), and she asked the school principal (Mr. Truax), who talked to my parents, and I got the green light. The year was 1971.
That same year, or maybe the year after, the assistant principal (Mr. Miller) wore his Colt .45 Peacemaker, with live cartridges on his gunbelt, as part of his costume as "the Sheriff" during the school carnival, on school grounds.
Times have changed.
That same year, or maybe the year after, the assistant principal (Mr. Miller) wore his Colt .45 Peacemaker, with live cartridges on his gunbelt, as part of his costume as "the Sheriff" during the school carnival, on school grounds.
Times have changed.
UOC is a fantastic way to show your support of the second amendment. So maybe you get hassled, but remember, YOU ARE LEGAL! Don't let the anti gun attitude of the community you live in cause you to roll over. Excercise your rights or they might soon be gone. The apathetic hopeless attitude of some of these responses are just depressing.
You can do more good by open carrying in California than Nebraska. You are in the prime battleground state for making a stand and a statement. Please don't let hoplophobic politicians and citizens deny you your right.
You can do more good by open carrying in California than Nebraska. You are in the prime battleground state for making a stand and a statement. Please don't let hoplophobic politicians and citizens deny you your right.
Mauserguy
Member
"...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."
What if you're too close to a school or park or something? What if somebody says they were scared and that having that gun was disturbing the peace. I bet half of the time you would be hauled in and charged with something. This is California, after all.
Mauserguy
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."
What if you're too close to a school or park or something? What if somebody says they were scared and that having that gun was disturbing the peace. I bet half of the time you would be hauled in and charged with something. This is California, after all.
Mauserguy
QUOTE]It certainly is, but as it applies to handguns without a carry license California has more freedom than Georgia.
It is much easier to get a permit in Georgia, but you have even fewer freedoms than in California without one.
[/QUOTE]
Zoogster, First I just want to say I am not your enemy...
But with a permit I can open carry into Walmart if I want to,we can carry on public transit systems all over Ga. We can open carry in all our State Parks...There is even legislation pending allowing carry on college campus & bars at this moment .
Without a permit all georgians of legal age can have a handgun anytime just not concealed. All the liscense does is allow you to conceal carry here. You can have loaded rifles,shotguns, in your vehicle for defense anytime for personal defense if you want. You can even have a loaded handgun in your vehicle without a permit. Truth is buying,owning,transporting has alwys been easy here and gettin even better. Except my Job I could actually open carry everywhere I would want to go here in GA if I wanted to...
I'm sure I have not covered it all but maybe you will get the picture... Once again I am not your enemy.
I can tell you luv your state of California but FYI; we have those antigun idiots too, just so happens theirs still enough of southern boys to keep'm out of office. I think we are just a little ahead of California with our gun rights in all aspects. I'm sure there are people just like me in California thats the reason I made the statement about the Sad State of Affairs in Cal.
I assure you I'm on your side,I am not your enemy...
You can do just fine without a permit here if you want.
By the way do you have a permit in Cal?
It is much easier to get a permit in Georgia, but you have even fewer freedoms than in California without one.
[/QUOTE]
Zoogster, First I just want to say I am not your enemy...
But with a permit I can open carry into Walmart if I want to,we can carry on public transit systems all over Ga. We can open carry in all our State Parks...There is even legislation pending allowing carry on college campus & bars at this moment .
Without a permit all georgians of legal age can have a handgun anytime just not concealed. All the liscense does is allow you to conceal carry here. You can have loaded rifles,shotguns, in your vehicle for defense anytime for personal defense if you want. You can even have a loaded handgun in your vehicle without a permit. Truth is buying,owning,transporting has alwys been easy here and gettin even better. Except my Job I could actually open carry everywhere I would want to go here in GA if I wanted to...
I'm sure I have not covered it all but maybe you will get the picture... Once again I am not your enemy.
I can tell you luv your state of California but FYI; we have those antigun idiots too, just so happens theirs still enough of southern boys to keep'm out of office. I think we are just a little ahead of California with our gun rights in all aspects. I'm sure there are people just like me in California thats the reason I made the statement about the Sad State of Affairs in Cal.
I assure you I'm on your side,I am not your enemy...
You can do just fine without a permit here if you want.
By the way do you have a permit in Cal?
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TT
member
Pretty easy to talk big when you aren’t the one who would be going to jail.
What would you be going to jail for? Abiding by the law? Stay away from school zones and obey the law. UOC is legal, plain and simple.
No wonder CA is in the state it is.
based on what, has this happened to you, were you convicted of obeying the law?
No wonder CA is in the state it is.
Here's the trick. When the Open Carry guys put on a demonstration to make their point, they pan things very carefully and make sure they stay far enough away from any schools. But if I were to adopt the practice of openly carrying an unloaded gun (with some loaded magazines handy, of course) as part of my normal life, I'd be in trouble.HGUNHNTR said:
In our little community, I'd have a very tough time trying to go about my normal business while staying at least 1,000 feet away from any school around here. Not only would I have to travel circuitous and inconvenient routes to get pretty much anywhere, but many places I normally go, some restaurants I regularly eat at, some shops I visit and even my gym, are within 1,000 feet of one school or another. And that would be the case just staying in our town. But I also normally visit neighboring communities in the course of my normal week's activities, adding to the complication.
In addition, any LEO has the right under statute to inspect my gun to make sure it's unloaded. So if I were carrying routinely, I could expect to get stopped on a regular basis just to make sure that my gun really is unloaded.
The long and the short of it is that UOC is legal and doable with sufficient planning for demonstration purposes. But it's hardly practical for everyday purposes.
Well that is good. In California with a permit you can carry almost everywhere as well, except where federally prohibited or various government buildings. In fact there is fewer restrictions on someone with a permit than in most of the nation. In schools, in places that serve alcohol, even while drinking. There really is not much in the way of state restrictions for someone with a permit, most of the population just cannot get them.
In some counties it is relatively straightforward to get a permit when a good sheriff is in office. Quite a few of them, they just don't have many of the citizens or jobs in them. In most of the heavily populated ones it is difficult and in some virtually impossible.
Every county has different requirements at the discretion of the Sheriff. The Police Departments can also issue them, but almost never do. They leave it to the County Sheriff.
I apologize. I was actually completely wrong on some things and was thinking of another state and misread Georgia law when glancing over a summary of it to double check.
I failed to see (http://www.georgiapacking.org/law.php )
"Motor vehicle" being treated the same as your residence certainly extends your freedoms well beyond California.
There is restrictions though, and a couple of them are a bit more restrictive than even in California in the summary.
In fact a person who does actually have a permit in California has a lot more freedom on where and how they can carry. The "public gathering" restrictions are crazy, and the definition of school zone is far more broad in scope than in California.
I often see people acting as if California is the worst in the nation in terms of firearm freedoms. It is true there is some really stupid laws especially related to the firearm configurations available to purchase, but there is in fact several states I consider worse, requiring licenses or permission to even own a gun.
And some don't even let you transport a firearm and ammunition together in the same locked case without a permit, never mind with access to both firearm and ammunition like California.
I have no blind loyalty to California though and spend a lot of time in Arizona and Nevada to avoid the madness. If it wasn't for the beautiful landscape and greater opportunities because of the much larger population I would have left already. The ability to be on a warm beach, a snowy mountain, or open deserted desert all within 1 hour's drive is just incredible. With drastic elevation changes close together, windy canyons and mountain roads always nearby, natural barriers to overly dense development (at least cheap development.) We have unnamed "hills" that are taller than many named mountains on the east coast. After traveling most of our nation I have not found something similar in variation. There is many places with some of the qualities, but not all of them. And not touristy small reserved patches, or those with entrance fees like many areas out east, but a vast wilderness. When you combine BLM land, national forests, and state and national parks a huge portion of the state is reserved for public use. So much that you can go places for days or even weeks where you won't see another person, in any type of environment you want throughout the state.
Compared to some place like Texas for example where most land is privately owned and put to use and the little reserved is...different... or out East where it is small and touristy, or most of the middle of the nation where it is endlessly flat and boring, it is a hard adjustment.
I may move, but I will always miss the landscape.
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