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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
WHY don't you just ask Jpierce to "sticky" this?

We have, and on the old forums, after many months of requests, he (or Mike) did sticky it. When we moved to the new forum we lost the sticky. Now as to why we don't get a sticky now I do not know. But at this point I don't think it matters. There are so many stickies that people tend to gloss over them and look for "new" or updated posting below them.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
974
Location
SoCal, , USA
We have, and on the old forums, after many months of requests, he (or Mike) did sticky it. When we moved to the new forum we lost the sticky. Now as to why we don't get a sticky now I do not know. But at this point I don't think it matters. There are so many stickies that people tend to gloss over them and look for "new" or updated posting below them.

Yupp - 5 of the 7 current stickies are pretty much irrelevant now :(

The Black Rifle post and the Sep 25 BBQ are sticky-worthy

But, This post &The Sep 16 San Pedro post are sticky-worthy too.
 

John Pierce

Administrator
Staff member
Joined
May 5, 2006
Messages
1,777
Yupp - 5 of the 7 current stickies are pretty much irrelevant now :(

The Black Rifle post and the Sep 25 BBQ are sticky-worthy

But, This post &The Sep 16 San Pedro post are sticky-worthy too.

I have stickied this thread. And if someone will take the time to send me the URL of the other threads to sticky / unsticky, I will be glad to do those as well. :)


John
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
974
Location
SoCal, , USA
I think requests via PM will be noticed far more quickly than posts.

That post was a copy of the PM :(

When John had stickied this thread, I had 'reported the post to moderator'

I had considered doing the same on that post, but I felt as if I was being pushy doing that...
 

chewy352

Regular Member
Joined
Sep 11, 2009
Messages
769
Location
Harrah, Oklahoma
Here is a list of all the laws and case law cited in the LEA memos we have plus some others that are applicable.

148
• 171.5
• 171b
• 374c
• 417
• 537e
• 626.9
• 626.95
• 833.5
• 12001
• 12021
• 12022
• 12023
• 12024
• 12025
• 12026
• 12031
• 12035
• 12040
12078 (d)
• 12090
• 12101

CA Health & Safety Codes

• 11370.1

CA Fish & Game Code

• 2006

CA Welfare & Institutions Code

• 5150
• 8103
• 8100

CA Code of Regulations

• CCR Title 14, Div. 3, Chap. 1, Sec.4313(A)



CA Government Code

• 8571.5

U.S. Code

Title 18, Part I, Chapter 44, S922


Code of Federal Regulations

• 39 CFR 232.1(L)
• 36 CFR 2.4(A)

Case Law

• People V. Clark (1996)
• DC V. Heller (2008)
• Arizona V. Hicks (1987)
• Hiibel V. Sixth Judicial District (2004)
• People V. Wharton (1992)
• People V. Fuentes (1976)
• People V. Marroquin (1989)
• People V. Dunn (1976)
• People V. Jurado (1972)
• People V. Rubalcava (2000)
• People V. Hodges (1999)
• People V. Davis (1958)
• People V. Padilla (2002)
• People V. Dillard (1984)
• People V. Taylor (1984)
• Terry V. Ohio (1968)
• People V. McGaughran (1979)
• People V. Delong (1970)
• Florida V. J.L. (2000) 529 U.S. 266
• In re Gregory S. (1980) 112 Cal.App.3d 764
• McDonald V. Chicago (2010)
 
Last edited:

Bluephoenix

New member
Joined
Mar 12, 2011
Messages
8
Location
Winnetka
Sorry but I'm new to this stuff and having seen the pic of the guy that goes to the atm carrying i have to ask.
Are you allowed to wear the gun openly in the car? Otherwise I don't see the point of wearing the gun for the 2 minutes it takes to walk up and shove my check in the slot. I thought that *carry concealed in a car under your control* meant your gun is either in the trunk or you're breaking the law.
 

Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
Sorry but I'm new to this stuff and having seen the pic of the guy that goes to the atm carrying i have to ask.
Are you allowed to wear the gun openly in the car? Otherwise I don't see the point of wearing the gun for the 2 minutes it takes to walk up and shove my check in the slot. I thought that *carry concealed in a car under your control* meant your gun is either in the trunk or you're breaking the law.

Please go to the very first post of this string and read ALL of the links listed, it is a significant amount of info but you need to know all of it if you are going to carry. Ill cut and paste the answer you will find there but please read all of it.

Can I openly carry in my car?

Yes, it is legal to openly carry in your vehicle. If you decide to openly carry your handgun in your car, you can just leave it on your front seat or on your dash. However, if you are within 1000' of a school you have to lock it in a secure container.

It is far wiser to carry your handgun in a locked container and then remove when ready.

If you have a trunk, then your trunk is considered a locking container, meaning you can put your guns in the trunk, close the trunk and not worry about any other container requirements. Remember, this is if you actually have a TRUNK.

If you do NOT have a trunk (Hatchbacks, truck beds, camper shells, extra-cabs or the interior of a van do NOT count), then you need to have a LOCKED container. The language used is "secure, locking container." This can be anything from a backpack to a vault, as long as there is a lock and there is no way to touch the gun with even a finger (very silly, but many people have been arrested and charged for the "getting a finger in" thing. Carrying a handgun in a container where one can manipulate it even the slightest bit is considered carrying a concealed handgun.)

That said, it is completely legal to have your handgun in a locked gun bag sitting next to you on the front seat if you want and keeping it in a locked bag prevents you from running afoul of the GFSZ laws (Federal and PC 626.9). You can also conceal the gun while in this locked bag anywhere in your vehicle.



Rifles do not need to follow the same guidelines. You can have your rifle concealed or openly displayed anywhere in your vehicle as long as the gun is unloaded.
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,223
Location
Shasta County, California, USA
PC 26350 – What changes?

The new law makes carrying an unloaded handgun a misdemeanor in parallel with the Mulford Act, making both unloaded and loaded open carry illegal in incorporated city limits or areas in unincorporated territory where discharge is prohibited.

Unlike 12031, 26350 does not have any felony wobbler language.

There are 29 exemptions that do not apply to normal people in normal circumstances. In short, people who already have the authority to carry loaded handguns may carry an unloaded firearm, as well as those who have been given permission in writing by a school superintendent to possess a handgun inside a school zone, those who are summoned by a peace officer for assistance, as well as other meaningless inconsequential circumstances where an carrying an exposed unloaded firearm is permissible.

The law goes into effect January 1, 2012

Both unloaded open carry and loaded open carry continue to be legal practices in rural settings (unincorporated territory).
Long guns are unaffected by the new law.
Carrying handguns in a fully enclosed locked container is legal
 
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