Open Carry Question...

[CitaDeL]

I have an open carry question. If you're open carrying, then getting into your car, should you put the gun in the trunk? Or can you have it on your waist? I'm guessing that you must place it in a locked container.

Also, can you open carry on hiking/biking trails (besides state parks) around the OC?

The first inquiry depends on your proximity to a school zone and whether you are carrying a loaded weapon or an unloaded one. If you are not within 1000 feet of a school and the weapon is unloaded you could continue carrying a holstered firearm. Please see californiaopencarry.org for more information.

For your second inquiry, you would need to find out if there are local ordinances regulating the possesion and carry of firearms in the area.

[aethyr]

Good information here, and Gene doesn't mention that Theseus has stated he (and the people who have supported him money wise) is out about $40,000.00, yes, $40K, up to this point and it's not over yet. So, the old thought/guidance about having $5K or $10K in the bank in case you get nailed (EVEN if it's BS) is now up to $40K the way I see it. $40K, damn, that would buy a lot of nice new toys, eh? Oh, unless you get nailed and lose your rights to have any guns at all for 10 years and possibly forever. Ouch.

I don't understand this. I've seen memo after memo from PD and sheriffs departments saying that UOC is legal and that officers need to be properly informed and trained to deal with UOC legally and calmly. I admit I haven't read on what exactly happened to Theseus, but why should he have legal fees at all? I thought UOC was legal?

[cineski]

An unloaded gun is good for throwing it at your attacker....aka a rock. There is no other reason to carry an unloaded gun even for political reasons. You want to make a point with it? The point being made is "I'm happy to carry an unloaded gun.....no change is needed, thank you." That's not what the 2nd amendment is about. Akin to you can buy a car, but you have to push it around to get anywhere because the government won't let you put gas in the tank.

1) Firearms are not just like 'rocks' or 'sticks' regardless of whether or not they are loaded. The law of State of California do not treat rocks and firearms the same way- and we likewise should respect the unloaded firearm in the same manner as the loaded one. Because even the police cannot distinguish the two without performing an (e) check.

[Dangerous1]

An unloaded gun is good for throwing it at your attacker....aka a rock. There is no other reason to carry an unloaded gun even for political reasons. You want to make a point with it? The point being made is "I'm happy to carry an unloaded gun.....no change is needed, thank you." That's not what the 2nd amendment is about. Akin to you can buy a car, but you have to push it around to get anywhere because the government won't let you put gas in the tank.

Better than leaving it in your car.

[josh_crosson]

An unloaded gun is good for throwing it at your attacker....aka a rock. There is no other reason to carry an unloaded gun even for political reasons. You want to make a point with it? The point being made is "I'm happy to carry an unloaded gun.....no change is needed, thank you." That's not what the 2nd amendment is about.

I see your point, but i must ask, if you dont even excersize that right wouldnt it be, "im happy not not to carry a gun, even though i do have that right"?
reminds me of a little kid using a toy the way he wants to, and his mother says thats not how its supposed to be played with, so the kid has fit and doesnt play with it at all. <-- NOT SAYING GUNS ARE TOYS, JUST A METAPHORE!!!!

also i have read of other people saying with enough practice you can pull your weapon and load it in a matter of a few seconds.... better than not being armed at all, if the situation arises.

[Quiet]

I don't understand this. I've seen memo after memo from PD and sheriffs departments saying that UOC is legal and that officers need to be properly informed and trained to deal with UOC legally and calmly. I admit I haven't read on what exactly happened to Theseus, but why should he have legal fees at all? I thought UOC was legal?

The LEOs in your area may get memos/training, but the DA's Office may believe otherwise and it is they who decide what you will be prosecuted for and how much it will cost you in legal fees.

Don't blame the cops, blame the lawyers.

IMO, unfortunately, in CA, UOC is a political protest statement.

[josh_crosson]

The LEOs in your area may get memos/training, but the DA's Office may believe otherwise and it is they who decide what you will be prosecuted for and how much it will cost you in legal fees.

Don't blame the cops, blame the lawyers.

What would one be arrested for?
and
What would the charge be?
just curious.

[pullnshoot25]

OK, I am on the phone with Lorax3 and he just sent this thread over to me. With few exceptions, a lot of people (particularly noobs with little to no experience of which they speak) on this thread are seriously stressing me out. I will try to answer the questions and highly erroneous statements presented in this thread as best I can.

That's been the official word for as long as I can remember. Some of the folks high up in CalGuns think that UOC isn't a cause worth fighting for at this time (many say it's actually counter-productive, though I wouldn't tend to agree) so it's advised to not do it. I understand their reasoning, you can only fight a battle on so many fronts and we've gone so far past UOC as far as having our rights violated- I think they're talking the fights right now that A. We think we can win, and B. affect the most gun owners, and the restrictions on UOC don't affect nearly as many Californians as many of the other, even more restrictive laws.

If you do it, do it in a group, with several guys, one of them that's NOT carrying. Have all the paperwork (read: laws), a voice recorder, and be prepared to be arrested/get the "draw down"/get shot. UOC is inherently dangerous. Unarmed citizens get shot by LEOs without provocation, so the chances are even higher if you're carrying (i.e. doing something that may make a trigger-happy LEO nervous).

Great statement, very true, right on!

UOC here in Southern California is a death wish...Cops are very paranoid and will shoot first and ask questions later. Not worth the risk.

Pop a Zoloft and chill. Cops may be nervous but as long as you don't act like some mental basketcase you will be fine. Being a patriot isn't for everyone and if you are that scared you should stay home, much less even be a gun owner.

Ok just curious since we have a few that OC quite a bit, pullnshoot comes to mind....has anyone actually been either shot at, killed, or held at gunpoint for OC'ing? I'm genuinely curious. I'm not saying the guy should or should not, but I'm not going to scare him into not doing it either.

Thank you, I appreciate the support.

All this hubbub to carry an expensive steel rock? This proves nothing to anyone but you're happy carrying an expensive steel rock. Start fighting fro LOC or CCW.

Edited for correct element ;-)

Ohio did the same thing as we are, except we have a few more hurdles. When you can come up with a better active solution, post it here for us to ponder.

By not showing contentment with carrying an open unloaded gun.

WTF? Who said that we were content? Either we break the law and illegally conceal carry, we follow the law and LUCC, we follow the law and UOC OR we are just disarmed 24/7. Again, provide a better active working solution and we will all lend an ear.

Yeah, I still see no point in UOC. What does it prove? I'm reluctant to do so because 1) what if you have to use the weapon in public? So much more comes into play, and Murphy's Law would probably go into full-blown effect. 2) if used in public could you imagine the legalities you'd have to face? Correct me if I'm wrong, but people with CCWs probably don't have it off easy if they had to use their firearms in the public for SD, right? Don't you still have to prove why you had to use it and if the BG had intent, opportunity, and ability to kill you before you use your weapon?

Now throw UOC into that mix...

This one has been covered so much that I am not even going to waste time on it, other than to say I am not going to waste time on it.

[pullnshoot25]

I have an open carry question. If you're open carrying, then getting into your car, should you put the gun in the trunk? Or can you have it on your waist? I'm guessing that you must place it in a locked container.

Also, can you open carry on hiking/biking trails (besides state parks) around the OC?

Watch my videos and that question is answered.

I don't understand this. I've seen memo after memo from PD and sheriffs departments saying that UOC is legal and that officers need to be properly informed and trained to deal with UOC legally and calmly. I admit I haven't read on what exactly happened to Theseus, but why should he have legal fees at all? I thought UOC was legal?

Aethyr, you are thinking like a logical human being, nay a patriot. Unfortunately, government agents aren't as thoughtful or nice and judges in this state like to empower the state rather than the citizen. As such, being the nail that sticks out just gets you hammered down.

An unloaded gun is good for throwing it at your attacker....aka a rock. There is no other reason to carry an unloaded gun even for political reasons. You want to make a point with it? The point being made is "I'm happy to carry an unloaded gun.....no change is needed, thank you." That's not what the 2nd amendment is about. Akin to you can buy a car, but you have to push it around to get anywhere because the government won't let you put gas in the tank.

Again, WTF? Do you even know or remember the first rule of a gun fight?

Better than leaving it in your car.

Damn right.

[pullnshoot25]

The LEOs in your area may get memos/training, but the DA's Office may believe otherwise and it is they who decide what you will be prosecuted for and how much it will cost you in legal fees.

Don't blame the cops, blame the lawyers.

IMO, unfortunately, in CA, UOC is a political protest statement.

That is what it primarily is. Without bringing awareness to the issue though, then everyone might as well be keyboard commandos.

[SPUTTER]

Uh, so I'm a "noob" and don't know what I'm talking about? I live in the LA Area, you do NOT want to walk around with a gun on your hip unless you want serious problems. I've had cops draw on me before, and I had NOTHING. Sorry Rambo, but I'm not going to tempt the hand of fate. Besides, have you seen these new beat cops?

[locosway]

Loaded open carry is legal in unincorporated areas of California (i.e. rural areas).

UOC is legal, and I had never thought of doing it until reading this post. I agree that concealed is better than open for a normal person, however I'll take open carry over nothing.

With that said, I'd like to touch on another topic. The DA can't prosecute a case that isn't brought to their attention. If the cops don't arrest you, there is no case. So in reality it comes down to the cop and their direct superiors on whether you get charged with brandishing a weapon, or any number of other charges that can stem from having a gun in public.

What I'd like to see, are meetups with UOC. In states were Armed OC is legal I've seen BBQ's and the like at parks. Something similar could happen in Orange County however a call to the local PD in the city it's held would probably be wise.

[pullnshoot25]

Loaded open carry is legal in unincorporated areas of California (i.e. rural areas).

UOC is legal, and I had never thought of doing it until reading this post. I agree that concealed is better than open for a normal person, however I'll take open carry over nothing.

With that said, I'd like to touch on another topic. The DA can't prosecute a case that isn't brought to their attention. If the cops don't arrest you, there is no case. So in reality it comes down to the cop and their direct superiors on whether you get charged with brandishing a weapon, or any number of other charges that can stem from having a gun in public.

What I'd like to see, are meetups with UOC. In states were Armed OC is legal I've seen BBQ's and the like at parks. Something similar could happen in Orange County however a call to the local PD in the city it's held would probably be wise.

We have had those!

First SD OC Meet
Second SD OC Meet
Third SD OC Meet
Fourth SD OC Meet

[GM4spd]

UOC. As many times as I have read posts about this on this board,I am
just amazed at how stupid this whole concept really is. You want a
handgun for protection,you carry in public,on your person for everyone to
see,and it's UNLOADED.It's almost like going skydiving with a pack on your
back and no chute INSIDE. The legal ramifications of UOC are even more
mind boggling as evidenced by this one person,(going thru the legal process)
and maybe ending up much worse off then before he decided to UOC.

Pete

[pullnshoot25]

UOC. As many times as I have read posts about this on this board,I am
just amazed at how stupid this whole concept really is. You want a
handgun for protection,you carry in public,on your person for everyone to
see,and it's UNLOADED.It's almost like going skydiving with a pack on your
back and no chute INSIDE. The legal ramifications of UOC are even more
mind boggling as evidenced by this one person,(going thru the legal process)
and maybe ending up much worse off then before he decided to UOC.

Pete

Thanks for regurgitating the same old garbage that the 30 or so prior militant apathetics already spewed forth from the gutter of non-creativity!

Have a nice day!

-N8