View Full Version : Open carry and OLL questions

02-01-2010, 2:58 AM
I'm considering open carrying, but you're in for a doozy as I list my criminal deviances.

Three years ago I was arrested for possession of less than an ounce of marijuana. I was granted the PC-1000 drug diversion program and had the charges dismissed. On DoJ records I have an entered plea of guilty, but the charge is recorded as dismissed.

I was also around the same time charged with a very bull**** PC M243.6 "battery against a school employee". I won't go into details but I later plea-bargained to a lesser charge of misdemeanor disturbing the peace. I was put on two years of probation which I successfully completed. I got it expunged, meaning they struck my plea of guilty, and put in not guilty/dismissed for the status.

I've also been arrested for minor in possession of alcohol (when I was 20, plea-bargained to infraction disturbing the peace), Jaywalking (infraction), and I had a DUI when I was 17 that never even went onto my juvenile record because I did some diversion community service program.

So basically despite my extremely petty crimes (besides the DUI), my record is "clean" except for the two minor infractions (jaywalking and disturbing the peace). The only thing is the violent crime clause (battery against a school employee seems violent, but I wasn't convicted for that) and the drug clause (does weed even count as a drug?).

So can I open carry?

Also, can I open carry a Mossberg 590, or is it limited to pistols only? The firearm has to be holstered I believe, would a shoulder strap type set up work?


Now onto OLL. It's my understanding that registering an OLL would be no different than any other firearm, meaning that I can own one as long as I follow all the proper guidelines for ensuring it is CA-legal, correct?

Thanks guys, hopefully you don't get the wrong impression of me on this, my first post. :D

02-01-2010, 4:51 AM
I'm not a lawyer - and I'd recommend you consult one prior to doing Open Carry.

Offhand, though, I'd recommend against it. Open Carry in this area is likely to get you put down on the ground while they investigate the situation (and you). When they see that you have a record they are going to smell blood in the water whether you can legally carry or not - and cops are good about finding some sort of legitimate infraction if they want to. It doesn't help that they're gonna be ticked off at you even if they determine you are legally carrying - they will have had to waste their time responding to the phone call from concerned citizens because some dummy wanted to show off his unloaded weapon (not necessarily my opinion but it could easily be theirs).

So, legal questions aside, I recommend not doing that. Just doesn't seem prudent.

02-01-2010, 6:17 AM
None of the offenses you listed are prohibiting offenses. The only one that is close is the 243.6 (http://law.onecle.com/california/penal/243.6.html) battery, but that particular type of battery isn't listed as prohibiting in 12021(c) (http://law.onecle.com/california/penal/12021.html), and it sounds like you had it expunged anyway:

...any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422,
626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section
12034, Section 12040...

If you wanted to be sure about your status, you could do a Personal Firearms Eligibility Check. See this FAQ question for more info:

How can I find out if I'm eligible to purchase or possess a firearm? (http://wiki.calgunsfoundation.org/index.php/FAQ#How_can_I_find_out_if_I.27m_eligible_to_purcha se_or_possess_a_firearm.3F)

02-01-2010, 7:31 AM
If you are not a prohibited person you can legally open carry. There is nothing in the law requiring the gun to be in a holster.

It is very likely that you will be investigated during an encounter with a police officer. It is highly likely that your record will come back looking like someone they will want to further investigate. If you have the time for all the hassle and the guarantee that you will be hooked up for ANYTHING they find then it is not technically illegal. I'd rather NOT have someone with your record being the face of open carry on California TV stations or in the legislature.

In short, you can but the Brady Campaign is probably more likely to encourage you to do it than the community here is.

02-01-2010, 9:09 AM
Like everyone else here said if you can legally own a firearm you can open carry. Open carry is currently discourged here at CGN simply for political reasons. Many of us here think that UOC (unloaded open carry, the only thing we are allowed in CA) is detrimental to the overall 2A fight going on right now. It scares the sheep and gives the anti gun people reason and support for more laws right when we are on the verge of some possible big wins. If you want to have a firearm around when you are out and about I suggest looking into LUCC- Locked Unloaded Concealed Carry. Read this ENTIRE thread before LUCCing it has tons of good information and recommendations from "The Right People".

LUCC thread - http://www.calguns.net/calgunforum/showthread.php?t=163061&highlight=lucc

As for an OLL it is just a center fire rifle as long as it is in CA legal configuration.

As for the impression of you - aside from the battery charge the only difference between your past and mine is you got caught. There are many of us here that had a bit of a wild youth. Don't let the judgemental types get to you. The important thing is how you are living now. If everything is squared away and you are a responsible law abiding adult it's all good.

02-01-2010, 9:20 AM
Yeah, I second the thing about the concern not being the thread starter. People make mistakes or do bad things, grow up and are just good people anyway. Your past is in the past.

But I'd reiterate that in this case I don't think it is prudent to Open Carry. But then, I've got about as clean a record as you can get - and I wouldn't Open Carry.