UOC In California

[InfamousLegend]

I have the misfortune of living in a great part of California, but none the less it is still California and I am forced to live by it's state laws. AB144 (?) was passed last year making it illegal to open carry handgun starting Jan 1st. I want to know if anyone is currently fighting the law.

 

[Smokin Gator]

I don't know about fighting against the unloaded open carry ban. But, in the past, the option provided to Californians of being able to open carry (unloaded), was used as a reason that "shall issue" concealed carry was not needed. Now that the unloaded open carry has been banned, we are hoping that it will help Ca. become a "shall issue" state instead of it just totally being left to the descretion of the local Sheriff or Police Chief with the current "may issue". Mark

 

[InfamousLegend]

Does that mean a court can't find it unconstitutional?

 

[Librarian]

Does that mean a court can't find it unconstitutional?

Dunno about "can't", but no one has yet asked one that question.

On the other hand, there are court cases to get fair application of the CCW law, to get policies on issue changed, and one to remind Sheriffs they must accept applications and process them.

The order of operations is, approximately, get 'carry outside the home' recognized Federally so we can beat State courts with that opinion (see Woollard for a start), and then get states to pick open, concealed, or both methods to enable the right.

 

[9mmepiphany]

I want to know if anyone is currently fighting the law.

Would you have people divert funds from the battle to make the state Shall Issue to fight to restore UOC?

 

[InfamousLegend]

Wasn't aware they were trying to make the state shall issue.

 

[Quiet]

Prior to the passage of the ban on open carrying unloaded handguns in non-prohibited public places, a judge ruled in a lawsuit challenging CA's "may issue" CCW system.

The judge ruled that CA had to allow for a method for citizens to carry a handgun for protection and that the current "may issue" CCW system was legal because a person could UOC as an alternative.

With the UOC ban, the court ruling has been appealed because the other option for not being able to get a permit has been taken away by the state.

Therefore, the UOC ban helps the "shall issue" CCW fight for CA.

On another note, there has been a lawsuit filed to challenge CA's ban on open carrying loaded firearms in public places (Mulford Act of 1967).

Also, a new bill was introduced to ban the unloaded open carry of long guns (rifles/shotguns). This bill was introduced due to the UOC people open carrying unloaded rifles the day the UOC ban went into effect.

 

[9mmepiphany]

a lawsuit filed to challenge CA's ban on open carrying loaded firearms in public places (Mulford Act of 1967).

That was an interesting bill as it was signed by then Govenor Ronald Reagan...surprised a lot of folks.

It came about because people were alarmed because folks were legally carrying openly at rallies...it will be interesting to see if the climate has changed since the 60s

 

[CWL]

Quote:
a lawsuit filed to challenge CA's ban on open carrying loaded firearms in public places (Mulford Act of 1967).
That was an interesting bill as it was signed by then Govenor Ronald Reagan...surprised a lot of folks.

It came about because people were alarmed because folks were legally carrying openly at rallies...it will be interesting to see if the climate has changed since the 60s

Unfortunate event.

The real story is because old timers were alarmed at seeing black and American Indian activists open carrying firearms. This was a knee-jerk response to prevent minorities from bearing arms has hurt all Californians. CA used to be a very weapon-friendly state.

 

[Quiet]

In CA, the majority of the anti-gun laws that were passed before the 1980s were based on racisim.

 

[InfamousLegend]

I'm sure there are logistical problems with this aside from the state not wanting this to happen in the first place, but the state of Jefferson movement should be ressurected. Then we can charge the crap out of California for water coming out of Shasta Dam.