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Read This First - California Open Carry Information

MudCamper

Founder's Club Member
Joined
Sep 17, 2007
Messages
710
Location
Sebastopol, California, USA
California Open Carry FAQs, Flyers, Memos, and Links

AB144 passed and was signed into law. Effective January 1, 2012, it is illegal to open carry (unloaded or otherwise) a handgun in most of California.

California Open Carry FAQ

These documents are no longer accurate nor applicable to handguns:
California Open Carry Flyer (legal info)
California Open Carry Pamphlet (.doc) (pdf) (legal info)
Is It Loaded Pamphlet (legal info)
Yet another pamphlet (more PR than legal)

The Newbie Thread
Nate's In-Depth Open Carry FAQ

Open Carry California Blog (San Diego)
Open Carry Training Videos
Open Carry Radio
Bay Area Open Carry (SF Bay Area)
East Bay Open Carry (SF Bay Area)
707 Open Carry (Vallejo)
South Bay Open Carry (LA)
NorCal Open Carry
Responsible Citizens of California
Contra Costa Open Carry (SF Bay Area)

These documents are no longer accurate nor applicable to handguns:
Sacramento Police Department Memo on Open Carry 07/18/08
Sacramento Regional Terrorism Threat Assessment Center Open Carry Bulletin 07/24/08
California Peace Officers Association Open Carry Memo 12/04/08
Los Angeles District Attorney Open Carry Memo 12/23/08
Los Angeles Sheriff's Department Open Carry Memo 01/05/09
San Diego Police Department Open Carry Bulletin 12/18/08
Orange County Sheriff's Department Open Carry Bulletin 02/??/09
Oceanside Police Department Open Carry Training Memo 03/12/09
San Diego District Attorney Open Carry Training Bulletin 03/??/09
Sunnyvale Department of Public Safety OC Memo 10/13/09 (good memo)
San Mateo Sheriff's Office Open Carry Memo 01/14/10 (very bad memo)
Golden Gate Park Open Carry Memo 01/26/10
Livermore PD UOC Response 09/01/10 (see page 7-8)
San Fernando PD Schooling 12/20/10 (start on page 7) (great document)

Firearms in Forests and Parks
CGF Gun Wiki Legal FAQ

California Penal Code (and other codes)
California Code of Regulations
County and City Codes (not complete)

Don't Talk to the Police (video)
Citizen's Guide to Surviving Police Encounters (video)

Draw and load in 2 seconds (video)
Draw, load, and shoot in 2 seconds (video)

Status of California Gun Laws - a good writeup of where we are and where we're headed, in layman's language
 
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MudCamper

Founder's Club Member
Joined
Sep 17, 2007
Messages
710
Location
Sebastopol, California, USA
Legal Reference

People v Clark (12031 loaded clarification)

People v Hale (concealed magazines)

12031 vs 374c, unincorporated, roads vs streets:
51 Ops.Cal.Atty.Gen. 197, 200 (1968)
People v Knight
People v Segura

Hiibel v. Sixth (stop-and-identify) (not applicable in CA)
Kolender v. Lawson (stop-and-identify is not legal in CA)
Terry v Ohio (Terry-stop)
Arizona v. Hicks (plain view doctrine)

reasonable suspicion
probable cause

People v DeLong (12031(e) legal but limited)
People v Overturf (semi-public vs private place, carry vs have/keep)
People v Strider (fenced yard not public)

42 U.S.C. § 1983 (civil suit for violation of rights)
 
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MudCamper

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Messages
710
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wewd

Regular Member
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May 5, 2009
Messages
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Location
Oregon
imported post

How about your firearms in forests and parks thread?
 

MudCamper

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Joined
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Messages
710
Location
Sebastopol, California, USA
imported post

CA_Libertarian wrote:
Excellent idea... now we only have one thread to bump constantly.
Except for maybe Decoligny's tri-fold post, because I like his "Over X million served!" updates. :)

Bump for the addition of the various TV news links.
 

dirtykoala

Regular Member
Joined
Jan 27, 2009
Messages
644
imported post

i was just looking for this to bump it. then i said "screw it" and returned to page one to find it bumped already!

LE agencies that are looking at this forum really need to take the time to read and understand this info.

i dont like that while uocing, i feel that the biggest threat to me is the police. this is only natural as 99% of my negative uoc experience has been directly due to law enforcement.

the best way for uocers and law enforcement to get along is to have civil, lawful, and short interactions. i feel that the palo alto police department at the march meet up will likely have a very positive impact on myself and the other UOCers at the event. if every police interaction happens like i hope palo alto will, i think uocers and leo would have a decent relationship.

it is also important to note that many of the memos say that we are looking for a law suit. this is simply not true. where are the law suits?????? i dont know of any. the reasons we record our conversations with a/v is for the same reason that the police do, to protect oursleves. im sure LEO has used their a/v several times in their defense against people saying they were beat or mistreated. we need our a/v to defend against leo saying that we were concealing ornot complying, or any other charge they may fabricate. i know there are honest cops out there that know right from wrong and try their best to do right, but there is always that bad apple that we have to protect ourselves from.
 

MudCamper

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Joined
Sep 17, 2007
Messages
710
Location
Sebastopol, California, USA
imported post

dirtykoala wrote:
it is also important to note that many of the memos say that we are looking for a law suit.
The sad reality is that without the perceived threat of law suits, the LEAs would never have circulated the memos, and would never have informed their officers about the legal details of 12025(f), People v Clark, etc.
 

yelohamr

Regular Member
Joined
Sep 30, 2009
Messages
516
Location
Vista, California, USA
imported post

Now this is in the right thread:

I think the press release from the San Mateo County Sheriff should be listed with the Law Enforcement memos at CaliforniaOpenCarry.org

Might as well show the Good, The Bad and The Ugly memos.
 

MudCamper

Founder's Club Member
Joined
Sep 17, 2007
Messages
710
Location
Sebastopol, California, USA
imported post

CA_Libertarian wrote:
I don't have a copy or link, but maybe we could add Overturf? Just in case someone thinks they can carry a loaded gun at their place of business.

People v Delong
Done. But I linked the findlaw.com pages, which do require and account, but accounts are free.
 
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