Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 08-18-2018, 7:11 AM
rlewpolar rlewpolar is online now
Senior Member
 
Join Date: Mar 2014
Posts: 803
iTrader: 12 / 100%
Default Open carrying in the CA backcountry

So now with the recent court ruling in the 9th Circuit, can I take my G20 and a chest holster and go backpacking in the Sierras? I have a CCW but the G20 is not on it.


Sent from my iPhone using Tapatalk
Reply With Quote
  #2  
Old 08-18-2018, 7:35 AM
jwfire25's Avatar
jwfire25 jwfire25 is offline
Member
 
Join Date: Nov 2015
Posts: 188
iTrader: 7 / 100%
Default

Quote:
Originally Posted by rlewpolar View Post
So now with the recent court ruling in the 9th Circuit, can I take my G20 and a chest holster and go backpacking in the Sierras? I have a CCW but the G20 is not on it.


Sent from my iPhone using Tapatalk
The law hasn't changed despite the ruling. I'm sure it will get appealed and go through more of the legal process. If you have room to add a firearm to your CCW you might as well add your G20. So that way if you are carrying in the mountains it will be on your CCW which wouldn't hurt.

Sent from my SM-G960U using Tapatalk

Last edited by jwfire25; 08-18-2018 at 7:39 AM..
Reply With Quote
  #3  
Old 08-18-2018, 7:38 AM
Rcjackrabbit Rcjackrabbit is offline
Member
 
Join Date: May 2012
Posts: 452
iTrader: 1 / 100%
Default

If you are in the national Forest, you can legally open carry.
Reply With Quote
  #4  
Old 08-18-2018, 8:02 AM
Title1guy Title1guy is offline
Senior Member
 
Join Date: Aug 2015
Location: Roseville
Posts: 718
iTrader: 20 / 100%
Default

This might help:

http://www.calguns.net/calgunforum/s...d.php?t=186457
Reply With Quote
  #5  
Old 08-18-2018, 9:41 AM
rlewpolar rlewpolar is online now
Senior Member
 
Join Date: Mar 2014
Posts: 803
iTrader: 12 / 100%
Default

Quote:
Originally Posted by Title1guy View Post


Thanks, very helpful


Sent from my iPhone using Tapatalk
Reply With Quote
  #6  
Old 08-18-2018, 10:18 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,339
iTrader: 0 / 0%
Default

Check your CCW license. If it only permits carrying concealed and you are asking about open carry . . . .
It should be :
Quote:
A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
Carry in a chest holster is not concealed.
Reply With Quote
  #7  
Old 08-18-2018, 11:01 AM
Jimi Jah's Avatar
Jimi Jah Jimi Jah is offline
I need a LIFE!!
 
Join Date: Jan 2014
Location: North San Diego County
Posts: 12,511
iTrader: 1 / 100%
Default

Sure you can as long as no one sees you. Run up against a SF metrosexual on a mountain bike and you may get pushback (I have in the middle of no where).
Reply With Quote
  #8  
Old 08-18-2018, 11:05 AM
Ora Serrata's Avatar
Ora Serrata Ora Serrata is offline
Senior Member
 
Join Date: Sep 2015
Location: Orange County
Posts: 771
iTrader: 51 / 100%
Default

Years ago I was hiking up Whitney wearing a Vietnam era M14 bayonet on a web belt. I got a couple incredulous comments by snowflakes on the trail. And that's just a knife....
Reply With Quote
  #9  
Old 08-18-2018, 11:16 AM
rlewpolar rlewpolar is online now
Senior Member
 
Join Date: Mar 2014
Posts: 803
iTrader: 12 / 100%
Default

Quote:
Originally Posted by Jimi Jah View Post
Sure you can as long as no one sees you. Run up against a SF metrosexual on a mountain bike and you may get pushback (I have in the middle of no where).

Exactly. I was hiking in Marin just a few weeks ago and was carrying on my belt. I can just imagine hiking on those trails down into Stinson beach with a chest holster.

Which is why I was asking about that recent 9th Circuit ruling. Not that I would try it there but it would be nice to know you were covered legally.




Sent from my iPhone using Tapatalk
Reply With Quote
  #10  
Old 08-18-2018, 12:02 PM
Jeepergeo's Avatar
Jeepergeo Jeepergeo is offline
Senior Member
 
Join Date: Feb 2012
Location: Arcata
Posts: 1,658
iTrader: 0 / 0%
Default

The CCW is meaningless if you are open carry and/or carry a firearm not on the permit.
__________________
Life Member, National Rifle Association
Life Member, California Rifle and Pistol Association
Member, Rocky Mountain Elk Foundation
Reply With Quote
  #11  
Old 08-18-2018, 12:16 PM
jwfire25's Avatar
jwfire25 jwfire25 is offline
Member
 
Join Date: Nov 2015
Posts: 188
iTrader: 7 / 100%
Default

Quote:
Originally Posted by Jeepergeo View Post
The CCW is meaningless if you are open carry and/or carry a firearm not on the permit.
Correct. But wouldn't hurt to have it on there if you have room on your CCW

Sent from my SM-G960U using Tapatalk
Reply With Quote
  #12  
Old 08-18-2018, 12:51 PM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,339
iTrader: 0 / 0%
Default

Even if Young v Hawaii becomes final the law of California remains to be challenged. Young challenged the law of Hawaii because its statutory scheme prevented him from getting either a license to carry openly or concealed. Peruta en banc held that only issuance of a concealed carry license had been challenged; not the entire statutory scheme. (I know it is a fiction but that is how they ruled and SCOTUS denied an appeal.) California's law needs to be challenged on the ground that it violates the 2A because a regular law abiding person is barred from carrying in public in any manner; openly or concealed.

Last edited by Chewy65; 08-18-2018 at 12:54 PM..
Reply With Quote
  #13  
Old 08-18-2018, 12:55 PM
Yodaman Yodaman is offline
Senior Member
 
Join Date: Aug 2012
Posts: 1,079
iTrader: 22 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
California's law needs to be challenged on the ground that it violates the 2A because a regular law abiding person is barred from carrying in public in any manner; openly or concealed.

Chewy nailed it again! This



Sent from my iPhone using Tapatalk
Reply With Quote
  #14  
Old 08-18-2018, 10:44 PM
Quiet's Avatar
Quiet Quiet is offline
retired Goon
 
Join Date: Mar 2007
Location: San Bernardino County
Posts: 23,155
iTrader: 10 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
Even if Young v Hawaii becomes final the law of California remains to be challenged. Young challenged the law of Hawaii because its statutory scheme prevented him from getting either a license to carry openly or concealed. Peruta en banc held that only issuance of a concealed carry license had been challenged; not the entire statutory scheme. (I know it is a fiction but that is how they ruled and SCOTUS denied an appeal.) California's law needs to be challenged on the ground that it violates the 2A because a regular law abiding person is barred from carrying in public in any manner; openly or concealed.
CA allows for the open carry of unloaded antique firearms. [PC 16520(d)(5)&(6)]


AFAIK...
The initial lower court ruling in Peruta found CA may issue CCW system was legal because unloaded open carry is an "acceptable" alternative for carrying a firearm in public for protection. This was appealed to the Ninth Circuit when CA banned unloaded open carry. But, the Ninth Circuit En Banc killed that challenge, because open carry of unloaded antique firearms was not banned. So, it's apparent that the Ninth Circuit finds that (open carry of unloaded antique firearm) as an acceptable method for carrying for self protection in public.



Penal Code 16520
(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:
(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.

Penal Code 26350
(a)(1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.

Penal Code 26400
(a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.
__________________


"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.” - Dalai Lama (Seattle Times, 05-15-2001).
Reply With Quote
  #15  
Old 08-19-2018, 5:53 AM
Mayor McRifle's Avatar
Mayor McRifle Mayor McRifle is offline
Calguns Addict
 
Join Date: Dec 2013
Location: Central Valley
Posts: 5,837
iTrader: 13 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
California's law needs to be challenged on the ground that it violates the 2A because a regular law abiding person is barred from carrying in public in any manner; openly or concealed.
Exactly. And if such a case gets to a new and improved U.S. Supreme Court, California will become “shall issue” in every county.
__________________
Anchors Aweigh

Reply With Quote
  #16  
Old 08-19-2018, 6:51 AM
baranski's Avatar
baranski baranski is offline
Veteran Member
 
Join Date: Oct 2015
Location: South Vista
Posts: 2,502
iTrader: 12 / 100%
Default

Quote:
Originally Posted by Mayor McRifle View Post
Exactly. And if such a case gets to a new and improved U.S. Supreme Court, California will become “shall issue” in every county.

I doubt Los Angeleez will ever comply, or they'll just make additional laws around it.
Reply With Quote
  #17  
Old 08-19-2018, 12:42 PM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,339
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Quiet View Post
CA allows for the open carry of unloaded antique firearms. [PC 16520(d)(5)&(6)]


AFAIK...
The initial lower court ruling in Peruta found CA may issue CCW system was legal because unloaded open carry is an "acceptable" alternative for carrying a firearm in public for protection. This was appealed to the Ninth Circuit when CA banned unloaded open carry. But, the Ninth Circuit En Banc killed that challenge, because open carry of unloaded antique firearms was not banned. So, it's apparent that the Ninth Circuit finds that (open carry of unloaded antique firearm) as an acceptable method for carrying for self protection in public.

. . .

I must have missed a lot, but I didn't think that the en banc majority even ruled as to the constitutionality of California's open carry law at the time of the lower court ruling or after unloaded open carry was arguably banned. It refused to do so as open carry law had not been challenged and it was illogical to determine the constitutionality of it by applying the 2nd to concealed carry when the 2nd had already been held not to protect concealed carry. I must have been asleep at the switch, but I don't even recall it discussing the open carry of antiques.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 10:06 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.