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CrossedRifles
04-14-2011, 6:23 PM
What are the conditions to legally open carry?

Do you need to have a CCW?

Do you need to be 21?

Does it have to be in a remote area?

It can't be in public?

It must be unloaded, correct?

Does Unloaded means empty magazine and chamber?

Can you carry loaded magazines on your body, but not attached to the gun?

It seems like I'm always asking questions and never contributing, sorry about that. Haha. I'm just curious about open carry, not exactly planning to do it, but would like to know anyway. As always, thanks.

greg36f
04-14-2011, 6:31 PM
Seriously dude? I mean are you really just throwing this out there?

707electrician
04-14-2011, 6:33 PM
What are the conditions to legally open carry?

Do you need to have a CCW? [B]NO

Do you need to be 21? NO

Does it have to be in a remote area? NO

It can't be in public? YES

It must be unloaded, correct? YES

Does Unloaded means empty magazine and chamber? No ammunition attached to the firearm, loaded mag on your person but not in the firearm is okay

Can you carry loaded magazines on your body, but not attached to the gun? YES

It seems like I'm always asking questions and never contributing, sorry about that. Haha. I'm 18 and a DROS on a Sig will end in 7 days. I'm just curious about open carry, not exactly planning to do it, but would like to know anyway. That's like saying "Hey Police Officer, be suspicious of me!". As always, thanks.

See bold

CrossedRifles
04-14-2011, 6:34 PM
What..? Throwing what out there?

greg36f
04-14-2011, 6:45 PM
What..? Throwing what out there?


Sorry, I really am not trying to be rude or a jerk, but that question is like throwing a match on a smouldering flame....................for the 1000th time!!!!!!Open carry is like going to a family reunion and bringing up religon.......Opinions are set in stone and no good ever comes of that question......I guess that I am just being grumpy and I will just keep my trap shut on this.....

GrizzlyGuy
04-14-2011, 6:59 PM
Go here, all of your questions are answered in the FAQs: CaliforniaOpenCarry.org (http://californiaopencarry.org/)

CitaDeL
04-14-2011, 7:03 PM
What are the conditions to legally open carry?

Do you need to have a CCW?

Do you need to be 21?

Does it have to be in a remote area?

It can't be in public?

It must be unloaded, correct?

Does Unloaded means empty magazine and chamber?

Can you carry loaded magazines on your body, but not attached to the gun?

It seems like I'm always asking questions and never contributing, sorry about that. Haha. I'm just curious about open carry, not exactly planning to do it, but would like to know anyway. As always, thanks.


What are the conditions to legally open carry? There's many conditions to open carry in California- One needs to be educated on all of the limitations before attempting it in their area.

Do you need to have a CCW? No. While there is a license available under PC12050 in counties of less than 200K, no license is required.

Do you need to be 21? No.

Does it have to be in a remote area? No.

It can't be in public? Open carry is legal in public areas.

It must be unloaded, correct? In incorporated areas or discharge prohibited areas, yes. Otherwise it may be loaded.

Does Unloaded means empty magazine and chamber? PC12031(g) defines what is loaded. Ammunition cannot be attached to the firearm in a position to fire.

Can you carry loaded magazines on your body, but not attached to the gun? Magazines can be full or empty- since magazines are not a firearm, they are never 'loaded'. Yes, you can have magazines with ammunition in them.

What..? Throwing what out there?

There seems to be little patience for open carry as a topic of interest here- Some may jump to the conclusion that this enquiry is not a legitimate request for information but a post intended to troll for flames. If you want more information, please follow the link in my signature and look into the California forum. There you will find resources that can help answer your questions with greater specificity.

CrossedRifles
04-14-2011, 7:17 PM
Thank you very much for the link, it answered all my questions. At no point did I intend to troll, sorry for the misunderstanding.

What are the conditions to legally open carry? There's many conditions to open carry in California- One needs to be educated on all of the limitations before attempting it in their area.

Do you need to have a CCW? No. While there is a license available under PC12050 in counties of less than 200K, no license is required.

Do you need to be 21? No.

Does it have to be in a remote area? No.

It can't be in public? Open carry is legal in public areas.

It must be unloaded, correct? In incorporated areas or discharge prohibited areas, yes. Otherwise it may be loaded.

Does Unloaded means empty magazine and chamber? PC12031(g) defines what is loaded. Ammunition cannot be attached to the firearm in a position to fire.

Can you carry loaded magazines on your body, but not attached to the gun? Magazines can be full or empty- since magazines are not a firearm, they are never 'loaded'. Yes, you can have magazines with ammunition in them.



There seems to be little patience for open carry as a topic of interest here- Some may jump to the conclusion that this enquiry is not a legitimate request for information but a post intended to troll for flames. If you want more information, please follow the link in my signature and look into the California forum. There you will find resources that can help answer your questions with greater specificity.

707electrician
04-14-2011, 7:19 PM
Sorry, I really am not trying to be rude or a jerk, but that question is like throwing a match on a smouldering flame....................for the 1000th time!!!!!!Open carry is like going to a family reunion and bringing up religon.......Opinions are set in stone and no good ever comes of that question......I guess that I am just being grumpy and I will just keep my trap shut on this.....

He wasn't asking for opinions on open carry, he was asking for the facts

greg36f
04-14-2011, 7:39 PM
He wasn't asking for opinions on open carry, he was asking for the facts



I know, that why I said I was sorry if I was acting like a jerk. It just seems that this topics is one of Calguns "third rails". The discussion rarely goes well or remains civil.

The irony of course was that I was the one acting a bit uncivil......:o

winnre
04-14-2011, 7:41 PM
Will the cops harass me? Most likely.

Will I scare people of all ages? Most likely.

Will it get me girls? No.

This is part of the 2nd amendment, right? Well it is the second but more a part of the first and you better read up on the fifth.

Librarian
04-14-2011, 8:47 PM
Wow! Did you ever pick a wrong place to ask a question about Open Carry. The trolls on CalGuns are vehemently opposed to Open Carry, it will not be long before they start attacking everything about you. For some reason, CalGun trolls are fixated on male genitalia, the smaller the better.

If you want honest questions on Open Carry, try SouthBayOpenCarry.org - If they don't have the answer, they can put you in touch with someone who does as well as connecting you with an Open Carry group in your area.
Interesting.

Everyone else in the thread calmly answered the OP's questions, and this post complains of Calguns trolls.

N6ATF
04-14-2011, 8:59 PM
Oops, should have refreshed before I reported.

Yugo
04-14-2011, 9:05 PM
Will the cops harass me? Most likely.

Will I scare people of all ages? Most likely.

Will it get me girls? No.

This is part of the 2nd amendment, right? Well it is the second but more a part of the first and you better read up on the fifth.

NICE!

there is nothing to be done,......people will join not use the search button and ask away.....just be nice, lets face it this site is to help/talk about guns.

goober
04-14-2011, 9:18 PM
Interesting.

Everyone else in the thread calmly answered the OP's questions, and this post complains of Calguns trolls.

well said.

CitaDeL
04-14-2011, 9:20 PM
Will the cops harass me? Most likely.

Will I scare people of all ages? Most likely.

Will it get me girls? No.

This is part of the 2nd amendment, right? Well it is the second but more a part of the first and you better read up on the fifth.

Nice.

Unfortunately (for you), this isnt always true. Some police, in certain areas will make something of open carriers, but as more authorities are brought up to speed, the less trouble advocates seem to be having.

As for scaring people of all ages, this simply is not the case. Never has been- even with the mass events. Open carry is not always noticed and even when someone is observed openly armed, very few make a stink about it. Most observers assume that those who are armed are authorized to carry and go about minding their own business. While there are a few nervous ninnies with an itchy dialing finger, there have been no stampedes of frightened people struggling to escape the anticipated shooting rampage.

I dont know where you get this idea that open carry is to obtain a date with a woman. Perhaps this is a gentlemanly attempt to equate the transportation of an exposed firearm as making up for some genital deficiencies. That's the typical classy retort we can expect from our anti-gun opponents. It's an ineffective debate tactic and falls under the category of 'ad homenum'.

And you are right- open carry is an exersize of various rights- and one should be well versed in the practice before strapping a pistol on, and prepared to cope with the possible consequences- in just the same manner as one would need to if they were licensed to carry concealed.

nikon shooter
04-14-2011, 9:21 PM
Will it get me girls? No.




Individual results may vary. I once open carried at restruant near LA that was popular with business people and college age people.

Immediately upon entering the place I noticed girls were looking at me with "that look".

One girl asked me if I was FBI and I intentionally gave her a vague answer to create mystery and intrigue and it worked. I got her number.

Girls love danger and excitement.

Yes I felt like the guy in True Lies but who cares. I got some tail.

BayAreaShooter
04-14-2011, 10:09 PM
I thought the population of the county did not matter. I will add that if you do open carry with loaded magazines the must also be in plain view. (not concealed in any way) You may carry ammunition for a revolver in your pocket or concealed.

Librarian can you address this please. I could be completely wrong about the County restrictions.

Librarian
04-14-2011, 10:14 PM
I thought the population of the county did not matter. I will add that if you do open carry with loaded magazines the must also be in plain view. (not concealed in any way) You may carry ammunition for a revolver in your pocket or concealed.

Librarian can you address this please. I could be completely wrong about the County restrictions.

The California Open Carry FAQ (http://californiaopencarry.org/faq.html), as GrizzlyGuy linked, has the most complete information.

707electrician
04-15-2011, 4:28 AM
I thought the population of the county did not matter. I will add that if you do open carry with loaded magazines the must also be in plain view. (not concealed in any way) You may carry ammunition for a revolver in your pocket or concealed.

Librarian can you address this please. I could be completely wrong about the County restrictions.

It is my understanding that the ammo/magazines do not have to be visible.

And I think the population thing is for obtaining a loaded open carry permit which only applies in the county it is issued

NotEnufGarage
04-15-2011, 4:50 AM
Don't forget about GFSZ.. If you open carry within 1000' of a school, you'll be in a world of hurt.

Decoligny
04-15-2011, 7:17 AM
What are the conditions to legally open carry?

Do you need to have a CCW? No

Do you need to be 21? No

Does it have to be in a remote area? No

It can't be in public? Open Carry is Legal in Public

It must be unloaded, correct? It must be unloaded if you are in an incorporated city, or you ar in an area of unincorporated territory where discharge of a firearm is prohibited by law

Does Unloaded means empty magazine and chamber? There must not be any ammunition in the gun. There may be ammunition in the magazine if the magazine is not in the magazine well.

Can you carry loaded magazines on your body, but not attached to the gun? Yes, but you must carry the magazines exposed if they are full of ammuntion. Due to case law a concealed full magazine in the presence of an exposed empty gun is considered the equivalent of a concealed gun. People v. Hale.

It seems like I'm always asking questions and never contributing, sorry about that. Haha. I'm just curious about open carry, not exactly planning to do it, but would like to know anyway. As always, thanks.

Read the pamphlet linked below for more information on the laws pertaining to Open Carry.

Agent Orange
04-15-2011, 7:27 AM
I'm going to guess he's under 21 and even if not he's no older than 25 or so, an age group that appears, from everything I've read, to be common in the OC movement. I have opinions about why that is but I think I'll keep them to myself.

Decoligny
04-15-2011, 7:54 AM
It is my understanding that the ammo/magazines do not have to be visible.

And I think the population thing is for obtaining a loaded open carry permit which only applies in the county it is issued

People v. Hale is the case law that established that a concealed full magazine, in the presence of an unloaded exposed firearm, is a violation of PC 12025, and is considered equal to a concealed firearm.

Ammuntion by itself, when not in a magazine may indeed be concealed, but once it is in the magazine, if you are Open Carrying, the magazine must be Openly Carried also.

J.D.Allen
04-15-2011, 7:58 AM
This is part of the 2nd amendment, right? Well it is the second but more a part of the first and you better read up on the fifth.

And the fourth

J.D.Allen
04-15-2011, 7:59 AM
Individual results may vary. I once open carried at restruant near LA that was popular with business people and college age people.

Immediately upon entering the place I noticed girls were looking at me with "that look".

One girl asked me if I was FBI and I intentionally gave her a vague answer to create mystery and intrigue and it worked. I got her number.

Girls love danger and excitement.

Yes I felt like the guy in True Lies but who cares. I got some tail.

If there's no pics it never happened dude...:D

Librarian
04-15-2011, 10:08 AM
People v. Hale is the case law that established that a concealed full magazine, in the presence of an unloaded exposed firearm, is a violation of PC 12025, and is considered equal to a concealed firearm.

That phrasing is imprecise.

According to Hale, a concealed magazine makes the present associated handgun concealed - fully nonsense, but there we are.

But in no way is a loaded magazine 'equal to a concealed firearm' - i.e. a concealed loaded magazine, absent an associated firearm that can use the magazine, is not ordinarily in itself a a 'firearm'.

(To be fair, you didn't actually say it was, but the arrangement of the clauses left that dangling at the end.)

Decoligny
04-15-2011, 10:29 AM
That phrasing is imprecise.

According to Hale, a concealed magazine makes the present associated handgun concealed - fully nonsense, but there we are.

But in no way is a loaded magazine 'equal to a concealed firearm' - i.e. a concealed loaded magazine, absent an associated firearm that can use the magazine, is not ordinarily in itself a a 'firearm'.

(To be fair, you didn't actually say it was, but the arrangement of the clauses left that dangling at the end.)

People v. Hale is the case law that established that a concealed full magazine, in the presence of an unloaded exposed firearm, is a violation of PC 12025, and is considered equal to a concealed firearm.

While the phrasing may techically be imprecise, it does indeed include the bolded section which clearly defines that the concealed full magazine must be in the presence of an exposed unloaded handgun to be considered a 12025 violation.

wash
04-15-2011, 10:57 AM
A lot of confusion here, do you think the cops will understand when they see you UOC?

You can wind up having a loaded gun drawn on you and have to sit on the curb handcuffed for an hour while they run your serial number and figure out that you did nothing illegal.

That's almost a worst case scenario (getting shot or arrested is worse) but it has happened.

I don't mind if you want to risk getting your individual civil rights violated but I care when it might have an effect on my rights, like a UOC ban.

I don't want one but that's what UOC leads to.

MudCamper
04-15-2011, 11:09 AM
A lot of confusion here, do you think the cops will understand when they see you UOC?

You can wind up having a loaded gun drawn on you and have to sit on the curb handcuffed for an hour while they run your serial number and figure out that you did nothing illegal.

That's almost a worst case scenario (getting shot or arrested is worse) but it has happened.

I don't mind if you want to risk getting your individual civil rights violated but I care when it might have an effect on my rights, like a UOC ban.

I don't want one but that's what UOC leads to.

Wash you sound like an old record that I thought was thrown away a couple years ago.

707electrician
04-15-2011, 11:56 AM
You dont want anyone to open carry because you fear that it may lead to it being banned. If you aren't going to exercise your rights they may as well be banned. I don't understand, do you just want it to be legal so you can say that it is legal while telling people its not a good idea?

A lot of confusion here, do you think the cops will understand when they see you UOC?

You can wind up having a loaded gun drawn on you and have to sit on the curb handcuffed for an hour while they run your serial number and figure out that you did nothing illegal.

That's almost a worst case scenario (getting shot or arrested is worse) but it has happened.

I don't mind if you want to risk getting your individual civil rights violated but I care when it might have an effect on my rights, like a UOC ban.

I don't want one but that's what UOC leads to.

greg36f
04-15-2011, 12:16 PM
Wash you sound like an old record that I thought was thrown away a couple years ago.

Except that that "old record" is being played full blast right now Sacramento.

paul0660
04-15-2011, 12:26 PM
Wow! Did you ever pick a wrong place to ask a question about Open Carry. The trolls on CalGuns are vehemently opposed to Open Carry, it will not be long before they start attacking everything about you. For some reason, CalGun trolls are fixated on male genitalia, the smaller the better.

If you want honest questions on Open Carry, try SouthBayOpenCarry.org - If they don't have the answer, they can put you in touch with someone who does as well as connecting you with an Open Carry group in your area.

Better to post drunk, than drive drunk.

wash
04-15-2011, 12:29 PM
You might not want to hear it but it's the truth.

I would love it if people could open carry without all sorts of negative repercussions.

A while back some old guy saw a news segment on UOC and his reaction was to strap on an empty revolver and take his girlfriend for a leisurely stroll in the local school grounds.

He wasn't well informed and got arrested. Any single UOC activist might be well informed but what about the idiot that decides monkey see monkey do?

It's a fricken mine field and you keep walking in it.

It's blowing up in your face and you keep walking in it.

We've got mine sweepers who will clear the field if you give them a chance but you keep walking in it.

I'm going to keep telling it like it is because it hasn't changed yet.

You shouldn't think that if you ask the same question a million times the answer will change all by itself.

I still haven't seen "UOC activists" do any activity that has a real chance of increasing our carry rights in California.

stix213
04-15-2011, 12:30 PM
One detail missing here is that open carry in remote areas where it is legal to shoot does not require that the gun be unloaded. You may loaded open carry anywhere you can legally fire a gun.

Liberty1
04-15-2011, 12:40 PM
No discussion of (L) OC is complete without this link: http://www.usacarry.com/forums/open-carry-discussion/7230-open-carry-argument.html

707electrician
04-15-2011, 1:43 PM
I still haven't seen "UOC activists" do any activity that has a real chance of increasing our carry rights in California.

Those UOC activists have gotten a bunch of police departments to recognize that UOC IS legal and that they need to change their policies accordingly. Sure, it isn't like winning a court battle and sticking it to the anti's but I consider that a leap in the right direction.

Im not UOC activist, Im too scared to exercise my rights because I cannot afford the legal battle should I be worngfully arrested, but I do greatly support those that are paving the way.

Im talking about those that fully know and understand the law, not the ones that strap on a gun and head out because they heard its legal and other people are doing it.