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View Full Version : Why doesn't this make open unloaded carry illegal?


Maestro Pistolero
05-01-2009, 4:04 PM
See Bold italics below

12025. (a) A person is guilty of carrying a concealed firearm when
he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
The exception that LCC relies upon is in PC 12026.1

12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, from
transporting or carrying any pistol, revolver, or other firearm
capable of being concealed upon the person, provided that the
following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.

CSDGuy
05-01-2009, 4:12 PM
The pistol is concealed within a container. 12026.1 contains exceptions to 12025... it doesn't create a crime in and of itself. Kill off 12025 and 12026.1 is moot.

DDT
05-01-2009, 4:15 PM
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.

This doesn't make unloaded open carry illegal it is just a specific exception where unloaded concealed carry IS LEGAL.

Stan_Humphries
05-01-2009, 4:17 PM
Because open unloaded carry is by definition not concealed carry. Therefore you wouldn't need an exception to the statute prohibiting concealed carry.

Matt C
05-01-2009, 4:21 PM
:confused: Because it doesn't? The section you quoted is an exception to 12025 (carry concealed), specifically spelling out conduct that is legal. It does not make any activity illegal, let alone activity (like open carry) which is not even regulated by this section.