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adampolo13
07-23-2012, 1:45 PM
Good afternoon,

I am aware of a challenge against the law that makes open carry illegal now. Since I live in Ventura County where getting a CCW is next to impossible, I have no legal way to carry. Am I interpretting that wrong?

Anyways, I am wondering where the challenge to the open carry stands? (sorry if there is already a thread, I couldn't find it)

Thanks,

Adam

unusedusername
07-23-2012, 2:12 PM
Loaded open carry in most urban areas of CA has been illegal for quite a long time now.

The challenges to allow some sort of loaded carry are happening around the country in most of the judicial circuits. Whichever one finishes first will get up to the Supreme Court. It is unlikely that we will have a decision before that point.

These cases were mostly filed about 2 years ago now.

This thread has a bit of status, but it is >1 month old...

http://www.calguns.net/calgunforum/showthread.php?t=568497

phrogg111
07-23-2012, 2:12 PM
Locked backpack/case in backpack, unloaded, with mag outside of case/in a different pocket would still be legal, I believe?

Open handgun carry is illegal, open rifle carry might be soon, except in places you can legally shoot.

Decoligny
07-23-2012, 2:37 PM
Locked backpack/case in backpack, unloaded, with mag outside of case/in a different pocket would still be legal, I believe?

Open handgun carry is illegal, open rifle carry might be soon, except in places you can legally shoot.

Just the same as carrying an unloaded gun with the magazine carried by a friend in a different car would still be legal.:rolleyes:

There is no requirement to seperate the full magazine from the handgun. It just cannot be in the handgun.

It is 100% legal to carry an unloaded handgun and a full magazine in the very same locked secure container.

If you are carrying that container in a motor vehicle, you can pretty much carry it anywhere (certain exceptions, no ammo on K-12 school property for example).

If you are carrying that container via any non-motor vehicle transport method, then you need to be going directly to or from certain locations listed in the PC.

URBAN open carry of a handgun is illegal. If you are carrying in an area of unincorporated territitory where discharge of a firearm is not prohibited, then you can legally open carry a loaded handgun.

chris12
07-23-2012, 3:33 PM
Locked backpack/case in backpack, unloaded, with mag outside of case/in a different pocket would still be legal, I believe?

http://wiki.calgunsfoundation.org/Transporting

Locked backpack unloaded may or may not be legal, depending on if a vehicle or specific destinations are involved.
Carrying an unlocked concealed mag could also be illegal. You would be better off with the mag in the locked case/backpack, but not in the gun.

Decoligny
07-24-2012, 7:07 AM
http://wiki.calgunsfoundation.org/Transporting

Locked backpack unloaded may or may not be legal, depending on if a vehicle or specific destinations are involved.
Carrying an unlocked concealed mag could also be illegal. You would be better off with the mag in the locked case/backpack, but not in the gun.

Carrying an unlocked magazine concealed is not a problem so long as you do not do it when you are open carrying. See People v. Hale.

adampolo13
07-24-2012, 8:51 AM
Thank you all for trying to educate me on where and how I can/cannot carry a weapon for self defense. Plainly put, its all too darn confusing! Which is a big problem in and of itself. Back to my question, where do we stand on the fight to open carry everywhere?

thanks!

Adam

Ctwo
07-24-2012, 12:12 PM
I think we still stand in the basement.

I also take personal offense at the government enacting laws that afford gun rights to individuals just because they have earned the special class status of being a licensed driver or being transported in a vehicle. I ride a bike and want the same right as those motoring around in an automobile.

stix213
07-24-2012, 1:16 PM
Probably better strategy to leave the UOC ban in place while we push back against the CCW cases in Yolo and San Diego, and then after we win those come back to open carry.

A-J
07-24-2012, 1:34 PM
Personally, I'd rather see OC stay banned so we can use that to further the CCW process. The last challenge to the CCW process in San Diego got kicked out because UOC was still legal, so effectively we still had the right to bear. Now that UOC is illegal statewide, the court's argument is invalid.

adampolo13
07-24-2012, 2:16 PM
Personally, I'd rather see OC stay banned so we can use that to further the CCW process. The last challenge to the CCW process in San Diego got kicked out because UOC was still legal, so effectively we still had the right to bear. Now that UOC is illegal statewide, the court's argument is invalid.

Very well said, I see your point. Hopefully we can force CA to become a "shall issue" state! Thanks CGF!

AyatollahGondola
07-24-2012, 3:49 PM
Carrying an unlocked magazine concealed is not a problem so long as you do not do it when you are open carrying. See People v. Hale.

There seems to be a lot of Hales. Could you be more specific