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koxx.dta
09-03-2011, 3:33 AM
after sifting through mounds of fud...can someone update me on the legality of open carry...how do i know if im good to go or not...ive read certain criminal history can keep one from open carrying, if you are legal to buy a pistol are you legal to open carry?

OleCuss
09-03-2011, 4:59 AM
Generally speaking, unless you are a prohibited person you can openly carry a unloaded pistol in certain areas.

But until you know the law very well, don't. You can do something which is perfectly reasonable and end up in prison with huge lawyer bills.

I'm not sure it is worth the risks to UOC, but others do and I cannot say that they are wrong.

But spend some time with some of our experts, read the CGF Wiki very carefully and then read all the law yourself. Figure out where every school is located and how to stay at least 1,000 feet away from them all - and realize that even tiny private schools put you in a GFSZ.

FWIW

hawk1
09-03-2011, 8:32 AM
:facepalm:

HowardW56
09-03-2011, 8:36 AM
:facepalm:

:iagree:

proclone1
09-03-2011, 8:55 AM
Generally speaking, unless you are a prohibited person you can openly carry a unloaded pistol in certain areas.

But until you know the law very well, don't. You can do something which is perfectly reasonable and end up in prison with huge lawyer bills.

I'm not sure it is worth the risks to UOC, but others do and I cannot say that they are wrong.

But spend some time with some of our experts, read the CGF Wiki very carefully and then read all the law yourself. Figure out where every school is located and how to stay at least 1,000 feet away from them all - and realize that even tiny private schools put you in a GFSZ.

FWIW

The GFSZ precludes any/all UOC to me. Heck, we have tons of Montessori schools around here, and those are the hole-in-the-wall schools right next to your local Quiznos or laundromat. Just not worth the risk imo, not yet.

gun toting monkeyboy
09-03-2011, 9:16 AM
Basically, we are holding off on UOC until a couple of the court cases go through. Yes, you are allowed to UOC, but the restrictions with school zones make it extremely impractical at this point. If you really want to learn about UOC, go check out some of the Open Carry forums that are out there. We used to do UOC events, and they were a hoot. But until the big brains on the legal team give us the thumbs up again, I don't think there will be any UOC scavenger hunts or lunches.

-Mb

Maestro Pistolero
09-03-2011, 9:19 AM
Poke around OP, I see you are fairly new here. There's a bit of disagreement here as to whether it is advisable at this time. A significant and looming concern is that UOC'ing now will provoke the passing of a law against it that we might otherwise avoid in due course.

Stupid gun laws that get passed, however misguided or unconstitutional, are EXPENSIVE and TIME-CONSUMING wastes of our precious resources that could otherwise be directly at proactively creating good case law. Those resources are better utilized in fights on our own terms that strategically create GOOD case law.

And there's the ever present risk that YOUR case (should there be one) won't go well, having the opposite effect of creating BAD case law.

Soon, perhaps in a year or two, carry (bear) outside of the home will likely be the law of the land, and any non-prohibited person will be able to get a license to carry a firearm (LTC). Depending on what county you are in, you may be able to get one now.

So don't holster-up just yet. As pointed out, there are legal land-mines like gun free school zones that will get you an unplanned, unwanted change of address if you don't know what you are doing.

And welcome to Calguns.

OleCuss
09-03-2011, 4:15 PM
I forgot to mention. The goal is to have both concealed and unconcealed carry of functional (loaded) firearms available to all responsible citizens. Concealed is likely within the next 10-11 months but I suspect unconcealed carry will take 3-5 years more.

HKMadness
09-03-2011, 4:23 PM
as it has been said before, dont do it unless you have ten thousand dollars to spend fighting charges. best to wait, as the others have said.

liketoshoot
09-03-2011, 5:13 PM
Why?
No really why? Because you can?
It's not worth the hassel if you come across an uneducated police officer, (no offence to the LEO's) or you walk in to a shop and hear "Man with gun"
The thrill factor is not worth the possible trouble, don't do it is my advice since you asked.

Cokebottle
09-03-2011, 5:45 PM
But until you know the law very well, don't. You can do something which is perfectly reasonable and end up in prison with huge lawyer bills.
This.

In general, if you have to ask about UOC, don't do it.
If you aren't 100% sure of the legalities of LOC, don't do it.

Yes, there are certain areas where LOC is legal in California.
Yes, there are MANY places where UOC is legal.

Theseus though he was legal (and most likely was 100% legal), but the DA and judge conspired to disallow all of his defenses (he was on private property, he didn't know about the school).

He was convicted under 626.9 and is now prohibited from possessing firearms.

Anchors
09-03-2011, 6:01 PM
He was convicted under 626.9 and is now prohibited from possessing firearms.

In California, for ten years*

Just wanted to clarify that he isn't a felon and he can move out of state and buy guns all day.

CitaDeL
09-03-2011, 9:16 PM
after sifting through mounds of fud...can someone update me on the legality of open carry...how do i know if im good to go or not...ive read certain criminal history can keep one from open carrying, if you are legal to buy a pistol are you legal to open carry?

If you are seeking answers to open carry questions, click the link for opencarry.org in my signature line, sign up and head to the California section.

If you are seeking legal advice, I would recommend contacting an attorney well versed in California gun law.

For all the facepalmers in the thread... you had a choice. You could either offer a well rounded answer backed up by various citations of code, or allow others versed in the practice to supply an answer or source for the information being requested. Whether or not you like it or approve, people will get answers to their questions... If they cannot get a straight answer in Calguns because of someone's personal bias, they will seek it out somewhere else. (And I will encourage them to do so.)

Calguns has proven that it can be a reliable source of information; it should be the first place for gun owners to come to get it. But if gunowners arent getting recieving a welcome vibe- how then, can it be the premiere California gunowners website?

Decoligny
09-03-2011, 11:18 PM
Also for a pamphlet that covers the particular penal codes involved in Open Carry see my signature link

mossy
09-04-2011, 12:09 AM
:facepalm: just because you can do something doesn't mean you should. however if you must, my advice is memorize the laws that deal with unloaded carry and carry a coppy of them with you when carrying a unloaded gun. also be prepared to be stopped and questioned by the police every time you go out with a gun on your hip.

Paladin
09-04-2011, 7:01 AM
http://www.calguns.net/calgunforum/showthread.php?t=366342

http://www.calguns.net/calgunforum/showthread.php?t=384326

OleCuss
09-04-2011, 7:45 AM
If you are seeking answers to open carry questions, click the link for opencarry.org in my signature line, sign up and head to the California section.

If you are seeking legal advice, I would recommend contacting an attorney well versed in California gun law.

For all the facepalmers in the thread... you had a choice. You could either offer a well rounded answer backed up by various citations of code, or allow others versed in the practice to supply an answer or source for the information being requested. Whether or not you like it or approve, people will get answers to their questions... If they cannot get a straight answer in Calguns because of someone's personal bias, they will seek it out somewhere else. (And I will encourage them to do so.)

Calguns has proven that it can be a reliable source of information; it should be the first place for gun owners to come to get it. But if gunowners arent getting recieving a welcome vibe- how then, can it be the premiere California gunowners website?

Whoa, there. . .

Since I was the #2 post I'm going to take this particular post as aimed at me (and that is probably at least partially correct).

First, you'll note that my first sentence effectively said that he could. Then I added the caveats. Nothing that I said was wrong - and where I was sounding discouraging I also acknowledged that others disagree with me and I did not say that they were wrong.

Unless I greatly misunderstand "facepalming" I don't exactly see it in evidence.

Second, you'll note that it is unreasonable for someone to complain that we didn't refer someone to their preferred site. Since when was it our responsibility to do that? And where, might I ask were those who are most interested in "Open Carry" to answer the OP with a link to your site?

I did, in fact, suggest that he/she check out the CalGuns Wiki. Nothing wrong with that advice that I can come up with.

It is, IMHO, not incumbent on the members of this forum to favor UOC (a 1st Amendment issue) or that they refer questioners to a forum which is devoted to UOC.

That said, I do support your 1A right to UOC and consider UOCers to be my brothers and sisters in the pursuit of liberty - so don't interpret any of the above as being antipathy to UOC.

But I'd favor toning the critique down just a little. People express their opinions and they may or may not be what you and I appreciate. And if I want to ensure that my opinion or cause is championed early and often, then I'd better haunt this site and promote that opinion or cause rather than complaining that others didn't.

That said, please carry on the good fight.

Cokebottle
09-04-2011, 8:45 AM
The GFSZ precludes any/all UOC to me. Heck, we have tons of Montessori schools around here, and those are the hole-in-the-wall schools right next to your local Quiznos or laundromat. Just not worth the risk imo, not yet.
If those are pre-schools/day care centers, they are not included.

626.9 and the Federal GFSZ specifies K-12. College and preschool are not included.

Firemark
09-04-2011, 9:22 AM
after sifting through mounds of fud...can someone update me on the legality of open carry...how do i know if im good to go or not...ive read certain criminal history can keep one from open carrying, if you are legal to buy a pistol are you legal to open carry?

As you can see, there are quite a few differing opinions regarding UOC. And im not going to berate or belittle any of them, they pretty much all have sound reasoning behind them. I do like the comment about---

"That said, I do support your 1A right to UOC and consider UOCers to be my brothers and sisters in the pursuit of liberty - so don't interpret any of the above as being antipathy to UOC."

To answer your question directly Koxx, goto Opencarry.org in the California section, you will find much of the information you are looking for. You can click on my signature below.

And Welcome to the fight to get our gun rights back.

dantodd
09-04-2011, 12:01 PM
If those are pre-schools/day care centers, they are not included.

626.9 and the Federal GFSZ specifies K-12. College and preschool are not included.

Most Montessori schools have Kindergarten on site. This is one of the big issues with the GFSZ. As written it includes many homes where homeschooling happens. Even though it includes such homes there is no way to know where they are. Even the CA Dept. of Education doesn't make a database available that covers all schools.

CitaDeL
09-04-2011, 2:58 PM
Whoa, there. . .

Since I was the #2 post I'm going to take this particular post as aimed at me (and that is probably at least partially correct).

First, you'll note that my first sentence effectively said that he could. Then I added the caveats. Nothing that I said was wrong - and where I was sounding discouraging I also acknowledged that others disagree with me and I did not say that they were wrong.

Unless I greatly misunderstand "facepalming" I don't exactly see it in evidence.

Second, you'll note that it is unreasonable for someone to complain that we didn't refer someone to their preferred site. Since when was it our responsibility to do that? And where, might I ask were those who are most interested in "Open Carry" to answer the OP with a link to your site?

I did, in fact, suggest that he/she check out the CalGuns Wiki. Nothing wrong with that advice that I can come up with.

It is, IMHO, not incumbent on the members of this forum to favor UOC (a 1st Amendment issue) or that they refer questioners to a forum which is devoted to UOC.

That said, I do support your 1A right to UOC and consider UOCers to be my brothers and sisters in the pursuit of liberty - so don't interpret any of the above as being antipathy to UOC.

But I'd favor toning the critique down just a little. People express their opinions and they may or may not be what you and I appreciate. And if I want to ensure that my opinion or cause is championed early and often, then I'd better haunt this site and promote that opinion or cause rather than complaining that others didn't.

That said, please carry on the good fight.

The criticism of the hackneyed, knee jerk reaction to open carry by members on CGN is well deserved- although it isnt clear why you seem to believe that I have singled you out. I took no umbrage with your comments.

There is no 'Open Carry' forum here, and there isnt going to be. So, I dont think its unreasonable to point out another 'lunch counter' that doesnt have a problem serving the other gun 'negroes'.

OleCuss
09-04-2011, 3:16 PM
The criticism of the hackneyed, knee jerk reaction to open carry by members on CGN is well deserved- although it isnt clear why you seem to believe that I have singled you out. I took no umbrage with your comments.

There is no 'Open Carry' forum here, and there isnt going to be. So, I dont think its unreasonable to point out another 'lunch counter' that doesnt have a problem serving the other gun 'negroes'.

I wasn't sure you had singled me out, but since I was the first response I had to at least wonder. Glad you had no problems with what I said since I really do respect your opinions.

leelaw
09-04-2011, 7:11 PM
There is no 'Open Carry' forum here, and there isnt going to be. So, I dont think its unreasonable to point out another 'lunch counter' that doesnt have a problem serving the other gun 'negroes'.

Nothing like turning the water hose on yourself :facepalm:

Reynold
09-04-2011, 7:33 PM
I forgot to mention. The goal is to have both concealed and unconcealed carry of functional (loaded) firearms available to all responsible citizens. Concealed is likely within the next 10-11 months but I suspect unconcealed carry will take 3-5 years more.

What indication is there for this kind of time frame? Sorry, i haven't been keeping up with a lot of the RKBA legal going-ons

HowardW56
09-04-2011, 7:52 PM
What indication is there for this kind of time frame? Sorry, i haven't been keeping up with a lot of the RKBA legal going-ons

http://wiki.calgunsfoundation.org/index.php/Main_Page


You can update yourself on the current litigation

Paladin
09-04-2011, 8:34 PM
What indication is there for this kind of time frame? Sorry, i haven't been keeping up with a lot of the RKBA legal going-ons
The OP here will answer your Q:
http://www.calguns.net/calgunforum/showthread.php?t=469135