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Nullifying 26350 Through Exemptions

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,223
Location
Shasta County, California, USA
While I am not going to post the full text of 26350 here, one of the things that came up while AB144 was being considered were the numerous exemptions to the prohibition on carrying unloaded handguns. Portantino seemed to think this make his law to 'close the loophole' pallatable to a wide variety of occupations and circumstances. What he really did was create a ban with 27 loopholes.

For those without FB, I am reposting one example of how the loopholes might be used to continue to flip the bird at Portantino and the anti-gun sycophants in the California legislature. Street theatre seems to be a perfectly acceptable exemption to the new law. Perhaps someone will parody the chubby cheeked Italian while surrounded by UOC advocates.

Nullifying 26350 (AB144) through the numerous exemptions might prove to be entertaining. There are so many of them, and worded loosely enough that some of them are a wide open door for the open carry community to just walk right through as if the law had not been enacted. This requires some risk to test, and testing some of them will probably result in an arrest... So the standard warning that I a...m not an attorney and this is not legal advice certainly applies here.

Aside from the fact this law does not apply outside of city limits the enacted law states:

26375. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by an authorized participant in,
or an authorized employee or agent of a supplier of firearms for,
a motion picture, television or video production, or entertainment
event, when the participant lawfully uses the handgun as part of
that production or event, as part of rehearsing or practicing for
participation in that production or event, or while the participant
or authorized employee or agent is at that production or event, or
rehearsal or practice for that production or event.

So open carriers are 'authorized participants' that schedule a rehearsal for an 'entertainment event' wherein they roleplay what they will say in the event police contact them for carrying firearms in public. Add video cameras for the purposes of making DVD's for an educational or documentary video production to be sold or given away and you fulfill the requirements of the exemption.

Using this tactic, I believe the unloaded open carry meets could resume right where they left off, carrying handguns in full view.
 
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bigtoe416

Anti-Saldana Freedom Fighter
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Jun 3, 2008
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Oregon
We just need some organization to sponsor everybody to rehearse things all over California. For example, South Bay Open Carry or some other organization (doesn't even need to be from California even), can setup a webpage where you go, fill out your name as being a participant in a rehearsal for some event, and then they approve your rehearsal and keep a record of it. Then if you get stopped at any time, you have a documented source you can point to as approving your rehearsal. Not too shabby of an idea C3!

If need be, I could whip up a page that would satisfy the above requirements.
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,223
Location
Shasta County, California, USA
Here is another one- Credit due as suggested by puppy8agun at a recent meeting;

26363. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun 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.

Become a firearms dealer, manufacturer, or gunsmith and carry your 'merchandise' with you during the course of your business. She suggested that one would put a price tag on your handgun and offer it for sale, as per the exception in 26373, but under this exemption you wouldnt need to and wouldnt be limited to private property where you have permission. Might require a business license or other licensing... but you would still be able to carry.
 

ConditionThree

State Pioneer
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May 22, 2006
Messages
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Location
Shasta County, California, USA
Usable Exemptions to PC26350 – the analysis of the CGF analysis of AB144

I spent some time dissecting which of the 116 exemptions could be used as a means to nullify 26350. I have pulled out 12 that seem to allow just about anyone carry a holstered handgun after January 1st. Two of these exemptions pretty much keep us exactly where we are on December 31st, 2011. I will leave it to readers to figure out which of these they are. Bear in mind that my interpretations are based on layman's understanding of the law and that this activity is still legally risky.

The Calguns analysis can be found here.... http://www.calgunsfoundation.org/resources/downloads/file/53-davis-cgf-ab-144-analysis-a-faqs.html

26363. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun 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.
#40 Any person licensed and engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms carrying the unloaded handgun as merchandise in the lawful course of business.

While the law stipulates that you would need to be licensed and engaged in the business of manufacturing, importing, wholesaling, repairing or dealing in firearms, it doesn't indicate that you have to turn a profit. In order to meet the criterion, you would need to have a license (since the law does not specify what licence, I think it could be a city business license) and carry your handgun as merchandise offered for sale. To establish this, one might need to apply a price tag- this way you are publicly offering your goods for sale in the course of your business where ever you are.


26375. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by an authorized participant in,
or an authorized employee or agent of a supplier of firearms for,
a motion picture, television or video production, or entertainment
event, when the participant lawfully uses the handgun as part of
that production or event, as part of rehearsing or practicing for
participation in that production or event, or while the participant
or authorized employee or agent is at that production or event, or
rehearsal or practice for that production or event.

#51 Any authorized participant in a video production when the participant lawfully uses the handgun as a part of that production or even, as a part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at the production or event, or rehearsal or practice for that production or event. (Penal Code 26375)

If you have a YouTube Channel and you video record your handgun open carry outings, nothing really changes for you. You are a video producer and each event is a new production or a rehearsal. You are video taping your own documentary. Again, there is no obligation for you to make money or sell your video (Though passing out your own DVD's promoting the second amendment would be pretty neat.) It wouldn't hurt to make some cards or information to pass out about your independent video productions.

#54 Any authorized participant in an entertainment event when the participant lawfully uses the handgun as a part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at the production or event, or rehearsal or practice for that production or event. (Penal Code 26375)

Are there any thespians in the house? By holding an 'entertainment event' you are exempted. Can you juggle? (not your pistols, you goof.) Tell a joke? Sing a song? Recite poetry? Make balloon animals? If you have a talent and schedule a street performance, you are exempted.

26383. Paragraph (1) of subdivision (a) of Section 26350 does
not apply to, or affect, the open carrying of an unloaded handgun
by a person when done within a place of business, a place of
residence, or on private property, if done with the permission of
a person who, by virtue of subdivision (a) of Section 25605, may
carry openly an unloaded handgun within that place of business,
place of residence, or on that private property owned or lawfully
possessed by that person.
#69 Any person openly carrying an unloaded handgun when done within a place of business with the permission of a person who may openly carry within that place of business owned or lawfully possessed by that person pursuant to Penal Code 25605. (Penal Code 26383)

By holding your events at a local pro-gun business, you can openly carry your handgun with the owners permission. Granted, this isn't the same as going to your corner market for an Icee, but if you meet like many groups do, this can establish a base where others will know where to find you outside of searching the internet.

#78 Any person openly carrying an unloaded handgun when done on private property with the permission of a person who may openly carry within that private property owned or lawfully possessed by that person pursuant to Penal Code 25605. (Penal Code 26383)

Yes... private property with permission. Not as much fun as anywhere and anytime.

26362. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by any person to the extent that
person may openly carry a loaded handgun pursuant to Article 4
(commencing with Section 26000) of Chapter 3.
26055 Nothing in Section 25850 shall prevent any person from
having a loaded weapon, if it is otherwise lawful, at the person's
place of residence, including any temporary residence or campsite.
#79 Any person having a handgun at the person's place of residence, including temporary residence or campsite. (Penal Code 26362 & 26055)

So, if you have pitched your tent at occupy whatever street, you have established a temporary campsite. This also has implications if you are traveling in an motor-home. While transporting, you would need to have it locked up. When not traveling, you would be exempted assuming that the RV would be your temporary residence.

26368. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a member of an organization
chartered by the Congress of the United States or a nonprofit
mutual or public benefit corporation organized and recognized as
a nonprofit tax-exempt organization by the Internal Revenue
Service while on official parade duty or ceremonial occasions of
that organization or while rehearsing or practicing for official
parade duty or ceremonial occasions.

#98 Any member of a nonprofit mutual benefit corporation organized and recognized as a nonprofit tax exempt organization by the Internal Revenue Service while practicing or rehearsing official parade duty of that organization. (Penal Code 26368)

Enter a parade as a non-profit? Yes, this is an opportunity for gun owners to interact with the general public. As some groups have found, establishing a community benefit softens the rhetoric from anti-gunners and fosters an image that regular people own and carry handguns.

#100 Any member of a nonprofit mutual benefit corporation organized and recognized as a nonprofit tax exempt organization by the Internal Revenue Service while practicing or rehearsing ceremonial occasions of that organization. (penal Code 26368)

On January 8, 2011, the Brady Campaign to Prevent Gun Violence is holding a candle lighting ceremony and vigil in memory of those who perished as a result of 'gun violence'. A non-profit, could likewise stage a similar ceremony in memory of those victims of crime who could have been saved if only they were armed and instead of burning candles the ceremony would commence with the holstering of pistols and revolvers. And in my view, there isn't anything to prevent such ceremonies and rehearsals from occurring once a week, save perhaps the perception that frequency reduces the impact or seems dismissive of the victims of crime. Perhaps there could be a ceremonial secret handshake. And practice it. Frequently.

26366. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a licensed hunter while
engaged in hunting or while transporting that handgun when going
to or returning from that hunting expedition.
#105 Any licensed hunter while engaged in hunting or while transporting a handgun when going to that hunting expedition. (Penal Code 26366)

#106 Any licensed hunter while engaged in hunting or while transporting when returning from that hunting expedition. (Penal Code 26366)


A hunting license can be had for $43.46 from the California Dept of Fish and Game. It's valid from July 1st to June 30th. The only hang up that I can think of is that some municipalities prohibit hunting inside city limits and [strike] some regulations prohibit using handguns to take certain game[/strike]. Check state and local laws to be sure you fit neatly into this exemption. (ETA- After doing some more research on the issue, it seems that what gun you take game with would be irrelevant- as DFG regulations cannot disarm you of a handgun for self defense purposes...)

26388. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun on publicly owned land, if the
possession and use of a handgun is specifically permitted by the
managing agency of the land and the person carrying that handgun
is in lawful possession of that handgun.
#108 Any person carrying an unloaded handgun on publicly owned land if the possession and use is specifically permitted by the managing agency of the land and the person carrying the handgun is in lawful possession of the handgun. (Penal Code 26388)

26389. Section 26350 does not apply to, or affect, the carrying
of an unloaded handgun if the handgun is carried either in the
locked trunk of a motor vehicle or in a locked container.
#109 Any person carrying an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container. (Penal Code 26389)

LUCC – Locked unloaded cased carry is exempt.
 
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Firemark

Regular Member
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Messages
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Location
San Diego
Practicing or rehearsing ceremonial occasions of that organization

This is the key I believe that needs to be developed and utilized. There is no stipulation of place or property, only defining "practicing" and "rehearsal" of "ceremonial occasions".
 

Ca Patriot

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Yeah I would love to see any of you guys try to exploit one of these so called exemptions.

I have a good friend who is a police officer with LACSD and they are ALL chomping at the bit to arrest open carriers now.

My prediction......come Jan 1, 2012 there will be NOT A SINGLE person open carrying a handgun anywhere in LA, Ventura, Riverside, Orange, San Diego counties...PERIOD !!!

If someone wants to prove me wrong go ahead and video tape it. You will be arrested, exemptions or not.
 

ConditionThree

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Location
Shasta County, California, USA
I have a good friend who is a police officer with LACSD and they are ALL chomping at the bit to arrest open carriers now.
Sounds like your friend and his co-workers are also anxious to be named as defendants just because they have a beef with 1st amendment activities. If it is not that, then it must be because they have not been adequately trained in the new intricasies of lawful unloaded open carry now that the legislature has narrowed the practice into case specific activities and professions which law enforcement will now have to memorize in order to prevent conducting a false arrest.

Remember, while this is the law that they wanted... The police cannot apply it in any way they wish. The legislature screwed them on that, by poking 116 holes into the solid wall of a prohibition. While your prediction is likely to come true, I would predict that it will come true with some interesting side-effects that your 'friend' at LACSD wasn't anticipating. I would recommend that you forward The Calguns Foundation's analysis of AB144 and urge him to forward it to his departments training deputy. Perhaps they will see the light yet.
 
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Ca Patriot

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Also, remind him that a Federal Civil Rights suit that they will lose will come from their pocket.
I have never told my friend that I am an advocate of open carry so he speaks freely about his personal opinion and those in general of his collegues in law enforcement.

I can assure you that they are not afraid of lawsuits stemming from open carry.

The reason is simple.....after years of open carry and hundreds of videos posted online with clear examples of violations of 1st, 2nd, 4th and 5th Amend, by police towards open carrierers, NOTHING has happened to the police.

The police laugh their butts off everytime an open carrier asserts their rights and then the police just plow ahead and search serial numbers, search their entire persons and even arrest them.

The police have clearly won the battles so far and I know for a fact they arent worried about any lawsuits in the next few years.

Maybe somewhere down the road in 5 years when 2nd Amend rights become more clear then police will back off, but not until then.

This whole issue is moot though because no one is going to be open carrying handguns anywhere near So Cal anytime soon.

I will be interested to see how police respond to long gun open carry though and possible federal GFSCZ violations.

It could get REAL interesting if someone wants to carry in a schol zone and see if the local police turn them over to the feds.

Now THAT would be news.
 

mjones

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Jul 15, 2008
Messages
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SoCal, , USA
Yeah I would love to see any of you guys try to exploit one of these so called exemptions.

I have a good friend who is a police officer with LACSD and they are ALL chomping at the bit to arrest open carriers now.

My prediction......come Jan 1, 2012 there will be NOT A SINGLE person open carrying a handgun anywhere in LA, Ventura, Riverside, Orange, San Diego counties...PERIOD !!!

If someone wants to prove me wrong go ahead and video tape it. You will be arrested, exemptions or not.
You will be wrong, I will still be OCing in LA County on Jan 1st.
 

pullnshoot25

Regular Member
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Jul 24, 2008
Messages
1,140
Location
Escondido, California, USA
Yeah I would love to see any of you guys try to exploit one of these so called exemptions.

I have a good friend who is a police officer with LACSD and they are ALL chomping at the bit to arrest open carriers now.

My prediction......come Jan 1, 2012 there will be NOT A SINGLE person open carrying a handgun anywhere in LA, Ventura, Riverside, Orange, San Diego counties...PERIOD !!!

If someone wants to prove me wrong go ahead and video tape it. You will be arrested, exemptions or not.
how much do you want to bet me on this?

Sent from my TracFone
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
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Location
Rosamond, California, USA
One of the exemptions is for holders of an LTC.

First question is this: What would be the legal repercussions of a County Sheriff revoking an LTC because someone exercised the exemption?

With the exemption, I could legally carry one of my firearms loaded and concealed, and one carried UOC.

Second question is this: Since having an LTC exempts me from 626.9, and having an LTC also exempts me from 26350, would it be legal for me to now UOC in a GFSZ? Unintended consequence?
 
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ConditionThree

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One of the exemptions is for holders of an LTC.

First question is this: What would be the legal repercussions of a County Sheriff revoking an LTC because someone exercised the exemption?

With the exemption, I could legally carry one of my firearms loaded and concealed, and one carried UOC.

Second question is this: Since having an LTC exempts me from 626.9, and having an LTC also exempts me from 26350, would it be legal for me to now UOC in a GFSZ? Unintended consequence?
We may yet find out. ;-) The legal repercussions of a County Sheriff revoking a LTC outside the listed discretion of good cause, good moral character and residency is fodder for a civil rights suit.

There have been circumstances in the past where an advocate was using those exact exemptions under a license to carry, but not with one handgun concealed and one exposed.
 
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