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Phantom Soldier
07-15-2010, 11:24 PM
at a National Forest here is California. My understanding is that I can open carry but can't have a loaded mag in the gun or even a loaded mag on my holster. Has to be completely separate.

Is this correct?

Thanks

thayne
07-15-2010, 11:44 PM
you can loaded open carry in NF

E Pluribus Unum
07-16-2010, 12:06 AM
The rule of thumb is that you can openly carry a loaded firearm where discharge of said firearm is legal.

This means no roads or near inhabited buildings, et cetera.

thayne
07-16-2010, 12:09 AM
The rule of thumb is that you can openly carry a loaded firearm where discharge of said firearm is legal.

This means no roads or near inhabited buildings, et cetera.

Does that include dirt roads? Like if Im walking down a dirt road in the middle of no where.

Kerplow
07-16-2010, 12:14 AM
i seem to remember reading that you should not keep the loaded mags in your pocket as that would be like a concealed weapon, as mags are an integral part of the gun. hopefully someone can back me up on that, i could be wrong. either way it seems the best place to keep it would be on the same belt, out and ready to be loaded when needed!

speedgoat
07-16-2010, 12:51 AM
Gotta love this state. . .

Oldnoob
07-16-2010, 7:24 AM
Just want to add, your camp site consider as "temporary resident". So you can carry whatever you want in your camp site.

Fate
07-16-2010, 7:25 AM
Just want to add, your camp site consider as "temporary resident". So you can carry whatever you want in your camp site.

Yep. And LOADED.

OneSevenDeuce
07-16-2010, 9:23 AM
If in doubt as to where in the park you can legally open carry a loaded weapon, just call and ask. California NF and BLM folks have always been very courteous and knowledgeable to me. One guy even stayed on the phone with me for 20 minutes giving me directions to the best shooting spots on BLM land.

Foriegn power
07-16-2010, 9:55 AM
Hhhh

cvgunright
07-16-2010, 10:06 AM
We were just up in sequoia national forest and they had signs saying No Firearms allowed.

I remember reading somewhere that sequoia and kings canyon fall under california law while some of the surrounding national forest you can open carry.

Very confusing.

Annonymous
07-16-2010, 10:12 AM
We were just up in sequoia national forest and they had signs saying No Firearms allowed.

I remember reading somewhere that sequoia and kings canyon fall under california law while some of the surrounding national forest you can open carry.

Very confusing.

That's for Sequoia and Kings Canyon National Park, which is different from the national forest.

Vox
07-16-2010, 10:26 AM
I went camping last weekend and OCd in Inyo National Forest and had no problems. Just follow regular california laws. Unloaded Open Carry allows you to have your loaded mags on your person, even in the holster though not in the gun

xjz
07-16-2010, 2:41 PM
Just bring your small game license with you and say your hunting Jack rabbits wherever you go if they ask.

E Pluribus Unum
07-16-2010, 5:45 PM
Just bring your small game license with you and say your hunting Jack rabbits wherever you go if they ask.

I went camping last weekend and OCd in Inyo National Forest and had no problems. Just follow regular california laws. Unloaded Open Carry allows you to have your loaded mags on your person, even in the holster though not in the gun


None of this is required. Loaded open carry is legal in unincorporated areas where discharge of a firearm is legal.

E Pluribus Unum
07-16-2010, 5:46 PM
Does that include dirt roads? Like if Im walking down a dirt road in the middle of no where.

This depends on the type of dirt road. Private roads are fine; county trails are fine. If it is designated as a county road, discharge is illegal, therefore loaded carry is illegal.

Phantom Soldier
07-18-2010, 4:27 PM
I went camping last weekend and OCd in Inyo National Forest and had no problems. Just follow regular california laws. Unloaded Open Carry allows you to have your loaded mags on your person, even in the holster though not in the gun

Vox,
I'm going to Inyo to camp as well. I finally called a Ranger Station up that way and they pretty much said the same thing you said. In addition I was told that discharge of firearms was illegal within 150 yards of any trail or lake.

Thanks for all the replies folks.

smittty
07-18-2010, 5:48 PM
Read the Cal penal code yourself and it's not a bad idea to have a copy of relevant sections in your packpack...~1 page.

With a valid fishing or hunting license you can carry concealed but read the penal code to know when and were you can legally do that.

Smitty

pyromensch
07-18-2010, 7:10 PM
I went camping last weekend and OCd in Inyo National Forest and had no problems. Just follow regular california laws. Unloaded Open Carry allows you to have your loaded mags on your person, even in the holster though not in the gun

they are hoping that you will help stop the influx of illegals. make sure that you ask for their id

pyromensch
07-18-2010, 7:15 PM
This depends on the type of dirt road. Private roads are fine; county trails are fine. If it is designated as a county road, discharge is illegal, therefore loaded carry is legal.

back in 81, i was in the middle of a dirt road in the middle of the desert, in nevada, north of reno, and i discharged my firearm, 357, towards a sanddune. i had noticed a vehicle, a couple hundred yards away, before i shot. when i turned around, it wasn't there. it turned out to be a nevada F&G. he cited me for discharging a firearm within/on a road, and confiscated my weapon. 100 bucks later.....

E Pluribus Unum
07-19-2010, 1:18 AM
back in 81, i was in the middle of a dirt road in the middle of the desert, in nevada, north of reno, and i discharged my firearm, 357, towards a sanddune. i had noticed a vehicle, a couple hundred yards away, before i shot. when i turned around, it wasn't there. it turned out to be a nevada F&G. he cited me for discharging a firearm within/on a road, and confiscated my weapon. 100 bucks later.....

Explain to me how this has anything to do with current, California, law??

Laws change all of the time and vary from state to state. You cannot use something that occurred in Nevada 30 years ago.

I had a typo in the message you quoted... I said LEGAL instead of ILLEGAL.. which changes it substantially.. :) That being said, from the beginning I have stated that possession of a loaded weapon on any county road, dirt or otherwise, is illegal. County trails are legal though... even though they are dirt roads, technically, they are not "roads".

SMOKEYMOUNTAIN
07-19-2010, 9:24 AM
Can anyone provide a link to a map of unincorporated territories where discharge of a firearm is legal?

What can I find the relevant PC sections to print out to keep in my backpack when open carrying while camping? I remember reading some PCs off the CA attorney general site a while back.

E Pluribus Unum
07-19-2010, 10:18 AM
Can anyone provide a link to a map of unincorporated territories where discharge of a firearm is legal?

What can I find the relevant PC sections to print out to keep in my backpack when open carrying while camping? I remember reading some PCs off the CA attorney general site a while back.

You are asking for two things that are nearly impossible to produce.

1) "a map of unincorporated territories where discharge of a firearm is legal"

WHOAH... California is a HUGE state, and much of it is unincorporated. Go down to your local BLM field office and buy a map of the area you are interested in. Anything in yellow is BLM land. anything in green is national forest. These areas are unincorporated. Unincorporated just means "outside the city limits". If you enable borders in google earth, it will tell you where the city limits end.

2) "What can I find the relevant PC sections to print out to keep in my backpack when open carrying while camping? "

It is much easier to prove something is illegal. One simply needs to point to one specific section. How can one prove something is legal? He would have to read every single section until he discovered nothing prohibited it.

The only thing I can tell you is what IS illegal, everything else is legal:

(a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.

(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.


So... that makes it illegal to carry a loaded firearm in INCORPORATED areas, or where discharge of a firearm is illegal. People v. Clark is a court case that limits the definition of "loaded" so that loaded means a round in the chamber, OR a loaded magazine in the gun. You CAN carry a loaded magazine with the gun, you could even duct tape the mag to the gun and it is not considered "attached". It has to be "placed into a position from which it can be fired".


Fish and Game Code 2006:
It is unlawful to possess a loaded rifle or shotgun in any
vehicle or conveyance or its attachments which is standing on or
along or is being driven on or along any public highway or other way
open to the public.
A rifle or shotgun shall be deemed to be loaded for the purposes
of this section when there is an unexpended cartridge or shell in the
firing chamber but not when the only cartridges or shells are in the
magazine.


Note that this one is in effect in all of California, incorporated or not. It simply says one cannot have a loaded weapon in a vehicle no matter where it is. Note that for this section "loaded" means a round in the chamber, a loaded magazine in the gun is OK.

P.S.
We are talking about a loaded open-carried weapon here but it might be important to point out that there is a Hale court decision that ruled a concealed magazine equals a concealed gun so if you have any magazines in your pocket, they could ding you with 12025 (concealed carry). You need to get a mag pouch for every spare mag you carry.