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Penal Code 26350

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  • vanhahner444@hotmail.com
    Member
    • Mar 2007
    • 265

    Penal Code 26350

    From what I understand you can legally open carry if you have a valid CCW permit in a county with a population under 200,000 (Humboldt County,El Dorado County,Imperial County,Shasta County,Napa County and about 20 other county's in the state.)

    " People who possess California permits to carry "a firearm capable of being concealed on the person" are exempt from prosecution under Penal Code 26350."

    Correct me if I'm wrong!
  • #2
    CSACANNONEER
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Dec 2006
    • 44093

    Originally posted by vanhahner444@hotmail.com
    From what I understand you can legally open carry if you have a valid CCW permit in a county with a population under 200,000 (Humboldt County,El Dorado County,Imperial County,Shasta County,Napa County and about 20 other county's in the state.)

    " People who possess California permits to carry "a firearm capable of being concealed on the person" are exempt from prosecution under Penal Code 26350."

    Correct me if I'm wrong!
    I sure don't see anything in PC 26350 or it's exemptions which support your claim. In fact, your belief is just plain incorrect. I believe that the basis for your thinking is found in PC 26150 but, it requires an open carry license from that county and is only valid in that particular county.


    Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
    (c) (1) Nothing in this chapter shall preclude the sheriff of the county from entering into an agreement with the chief or other head of a municipal police department of a city to process all applications for licenses, renewals of licenses, or amendments to licenses pursuant to this chapter, in lieu of the sheriff.
    (2) This subdivision shall only apply to applicants who reside within the city in which the chief or other head of the municipal police department has agreed to process applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.
    (Amended by Stats. 2015, Ch. 785, Sec. 2. (AB 1134) Effective January 1, 2016.)
    I sure hope that your CCW Instructor didn't teach you that and, you didn't ask him/her about it without being corrected.
    NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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    • #3
      CSACANNONEER
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Dec 2006
      • 44093

      Originally posted by vanhahner444@hotmail.com
      From what I understand you can legally open carry if you have a valid CCW permit in a county with a population under 200,000 (Humboldt County,El Dorado County,Imperial County,Shasta County,Napa County and about 20 other county's in the state.)

      " People who possess California permits to carry "a firearm capable of being concealed on the person" are exempt from prosecution under Penal Code 26350."

      Correct me if I'm wrong!
      BTW, here is the PC you cited in it's entirety. I can't find anything remotely similar to the exception you quoted. Can you show me where it is?

      NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
      California DOJ Certified Fingerprint Roller
      Ventura County approved CCW Instructor
      Utah CCW Instructor


      Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

      sigpic
      CCW SAFE MEMBERSHIPS HERE

      KM6WLV

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44652

        And if a person did have a 26150(b)(2) license, that person would indeed be exempt from prosecution under both 26350 (unloaded in public) and 25850 (loaded in public, the more likely condition).

        But 26150(b)(1) licenses do not allow open carry in places where that might be prohibited without a license.
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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        • #5
          Dvrjon
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Nov 2012
          • 11341

          Originally posted by vanhahner444@hotmail.com
          From what I understand you can legally open carry if you have a valid CCW permit in a county with a population under 200,000 (Humboldt County,El Dorado County,Imperial County,Shasta County,Napa County and about 20 other county's in the state.)

          " People who possess California permits to carry "a firearm capable of being concealed on the person" are exempt from prosecution under Penal Code 26350."

          Correct me if I'm wrong!
          What is the source of the line you quoted, please?

          Comment

          • #6
            P5Ret
            Calguns Addict
            • Oct 2010
            • 6374

            Originally posted by Dvrjon
            What is the source of the line you quoted, please?
            I'm curious also. I don't think I have ever seen any exemption in any code that starts out "People who". They tend to be either a person or person's who.

            Comment

            • #7
              vanhahner444@hotmail.com
              Member
              • Mar 2007
              • 265

              Originally posted by CSACANNONEER
              I believe that the basis for your thinking is found in PC 26150 but, it requires an open carry license from that county and is only valid in that particular county.
              Yes, you are correct and my bad!

              When I was reading from the web site below I was confusing 'open carry permit' with a CCW permit.

              Summary  California is not a traditional open carry state. Open carry is generally prohibited except in unincorporated areas where the county has not made open carry illegal, or, pursuant to a CA o…

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