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Can anyone explain CA penal code 26350?

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  • WnewportI
    Junior Member
    • Jan 2012
    • 10

    Can anyone explain CA penal code 26350?

    Below is a penal code I came across today and it is very confusing to me. It sounds like there is no way for me to transport my handgun from my house to anywhere else in California. How do I get it to the range or gunsmith without openly carrying it there on my person and in my vehicle on public streets?

    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.
    (b) (1) Except as specified in paragraph (2), a violation of this
    section is a misdemeanor.
  • #2
    Dr Rockso
    Veteran Member
    • Jan 2008
    • 3701

    Openly means not in a container. The CA legislature passed this in response to the UOC (unloaded open carry) folks who were carrying unloaded, exposed handguns in public places.

    Comment

    • #3
      IrishPirate
      Calguns Addict
      • Aug 2009
      • 6390



      lock it up!!!!!
      sigpic
      Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
      People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

      ΜΟΛΩΝ ΛΑΒΕ

      Comment

      • #4
        WnewportI
        Junior Member
        • Jan 2012
        • 10

        Originally posted by Dr Rockso
        Openly means not in a container. The CA legislature passed this in response to the UOC (unloaded open carry) folks who were carrying unloaded, exposed handguns in public places.
        Do you know if it has to be a locked container or have a trigger lock/cable on it? Or does it just need to be in some sort of case locked or not? How is having it in a container different from concealing it? I know that may be a dumb question but just wondering.

        Comment

        • #5
          G-forceJunkie
          Calguns Addict
          • Jul 2010
          • 6500

          (a) (1) says you cannot carry a handgun openly on your person. (a) (2) says you cannot carry a handgun openly in your vehicle. How you transport is another statute, that basically says it has to be in a locked container. Trigger or cable locks have nothing todo with transport laws. To transport to the range or gunsmith as you indicated, you simply transport it in a locked container.

          Comment

          • #6
            EmmanuelM
            Junior Member
            • Jan 2012
            • 19

            Can a container be a gun bag with a small lock on it, for example on the zippers of the bag? Or does it have to be a hard container?

            Comment

            • #7
              BlackTydeTactical
              Veteran Member
              • Aug 2011
              • 2926

              Welcome aboard!

              Comment

              • #8
                johnthomas
                Calguns Addict
                • Mar 2009
                • 7001

                I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

                Comment

                • #9
                  h0use
                  Calguns Addict
                  • Jul 2009
                  • 5783

                  welcome. an approved guncase. the zippers need to have some kind of place to put a lock threw it, i think...

                  Comment

                  • #10
                    WnewportI
                    Junior Member
                    • Jan 2012
                    • 10

                    Thanks for showing me that, now I know. Do you know about the ammo? I heard it now has to be in a locked case as well?

                    Comment

                    • #11
                      EmmanuelM
                      Junior Member
                      • Jan 2012
                      • 19

                      It's getting ridiculous...

                      Comment

                      • #12
                        G-forceJunkie
                        Calguns Addict
                        • Jul 2010
                        • 6500

                        No, there is no requirement how ammo is transported. Only thing is the handguns have to be unloaded. Ammo can be in or out of the locked case. Ammo can be in or out of magazines.
                        Originally posted by WnewportI
                        Thanks for showing me that, now I know. Do you know about the ammo? I heard it now has to be in a locked case as well?

                        Comment

                        • #13
                          johnthomas
                          Calguns Addict
                          • Mar 2009
                          • 7001

                          Originally posted by paul0660
                          Laws, yes.

                          Repetitious basic questions, even more.
                          Maybe all gun boards should be closed, preventing folks new to guns from asking questions so they can stay out of jail, keep their guns or just be educated on the laws in this state. Darn newbies anyway, all they do is further our sport, help strenghten our gun laws by their owning guns and spend money proping up an otherwise flat economy.

                          Unlike many of us on the boards, new people don't know many of the basic gun laws or even basic function of some guns. I was always under the impression CALGUNS was here to help each other, even new folks with the same old questions. It wasn't many years ago that I was new to guns and information was scarce.

                          I know what I do when I see a thread I don't want to read. I don't read it.
                          I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

                          Comment

                          • #14
                            WnewportI
                            Junior Member
                            • Jan 2012
                            • 10

                            Originally posted by johnthomas
                            Maybe all gun boards should be closed, preventing folks new to guns from asking questions so they can stay out of jail, keep their guns or just be educated on the laws in this state. Darn newbies anyway, all they do is further our sport, help strenghten our gun laws by their owning guns and spend money proping up an otherwise flat economy.

                            Unlike many of us on the boards, new people don't know many of the basic gun laws or even basic function of some guns. I was always under the impression CALGUNS was here to help each other, even new folks with the same old questions. It wasn't many years ago that I was new to guns and information was scarce.

                            I know what I do when I see a thread I don't want to read. I don't read it.
                            Thank you so much for sticking up for us noobs. I was pretty mad when I saw that post from paul0660 and figured I would cancel my membership here because I thought it was a forum to spread information and gun enthusiasm. Not a place to be mean to new people just trying to become informed and stay out of jail and practice our rights as Americans. Because of your post, I am gladly sticking around!
                            Thanks

                            Comment

                            • #15
                              CenterX
                              Senior Member
                              • Feb 2008
                              • 1721

                              Originally posted by WnewportI
                              Thank you so much for sticking up for us noobs. I was pretty mad when I saw that post from paul0660 and figured I would cancel my membership here because I thought it was a forum to spread information and gun enthusiasm. Not a place to be mean to new people just trying to become informed and stay out of jail and practice our rights as Americans. Because of your post, I am gladly sticking around!
                              Thanks
                              Yep - stick around. There are a few self proclaimed know-it-all pompous donkeys in every crowd. Every now and again they do have something worth while to read. There was once a thread here called "Why do calgunners eat their own?" Some goofy guy looking for fun.

                              If you do some searches and are patient about trying a variety of searches you can fine answers to most all your questions without posting. But it takes time.

                              So, carry in a soft guncase is fine. I find a simple toolbox from ACE is less expensive and and old T-shirt wrapped around the pistol - few folks question carrying a tool box. Well a cop or nosey dude would.

                              Welcome and hang tough.
                              sigpic
                              - Aut Pax Aut Bellum - Volunteer LDW

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