Question About Open Carry

[CBRKURT]

So I know it's legal to open carry without a magazine in the weapon. (although you'll probably get arrested for it). However my question is When you get back in your vehicle does the weapon and magazine need to be stowed away or can you continue to wear the weapon while in the car? Does that lean toward a concealed firearm??

[iron330]

Best to store your weapon in the car per state laws. That won't change just because you've decided to open carry.

http://californiaopencarry.org/

[mugiwara]

why do u think u would get arrested for open carrying legally?

[CBRKURT]

why do u think u would get arrested for open carrying legally?

Most police do not know it's legal to open carry in this state. I have heard that people have been detained and paid a lot in legal fees fighting the arrest.

[infernl]

why do u think u would get arrested for open carrying legally?

+1 - same question?
As long as you're clear of the boundaries of areas that are no-fly for open carry (schools, courthouses, etc.) you are GTG by law.

[Decoligny]

Best to store your weapon in the car per state laws. That won't change just because you've decided to open carry.

http://californiaopencarry.org/

What exactly is "per state laws"?

There is no requirement for you to lock up an exposed unloaded firearm unless you are within 1,000 feet of K-12 school property.

I think what iron330 meant to say was, if you lock the handgun in a fully enclosed secure container, unloaded, then you will be in compliance with the law should you inadvertantly drive into an area where your handgun is required to be locked up.

If you are open carrying an unloaded handgun, you can have an empty magazine in the magazine well and be perfectly legal. You can have the full magazines readily available in a magazine holder on your belt and still be perfectly legal.

If you know 1000% for sure that the route you will be driving from where you are open carrying, all the way to your destination, has NONE, ZERO, ZILCH, K-12 schools within 1,000 feet of the road you are driving on, then, and only then would you be OK to drive with your unloaded handgun openly carried. Openly carried is not limited to being in the holster. You could legally have the unloaded hangun on the passenger seat, or even on the dashboard. It does however invite scrutiny if a passing LEO sees a gun on your dash.

[Decoligny]

Most police do not know it's legal to open carry in this state. I have heard that people have been detained and paid a lot in legal fees fighting the arrest.

That may have been true several years ago, but the Open Carry movement has brought the legality of UOC to the attention of most if not all LEOs in CA.

There is even a new law being run through the legislature to make Unloaded Open Carry illegal. So, Open Carry is not a secret in the LEO community.

[CBRKURT]

Thank you everyone for the wealth of info you have provided to me. I am in the process of studying the open carry website now.

[iron330]

Am I missing something? Or is there another section of the code that speaks to carrying a handgun in a vehicle?

California Penal Code Section 12026.1

(a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.

[KandyRedCoi]

other than k-12 schools what other places require the 1000ft rule?

[Decoligny]

Am I missing something? Or is there another section of the code that speaks to carrying a handgun in a vehicle?

This section does not cover "carrying a handgun in a vehicle".

This section covers carrying a "concealed handgun in a vehicle".

PC 12026.1 and PC 12026.2 deal specifically with exceptions to PC 12025, the law that makes carrying a concealed handgun illegal.

As I stated in my previous post, there is no law that requires an exposed handgun to be locked up. PC 626.9 makes it illegal to have an exposed handgun within 1,000 feet of K-12 school property.

[Decoligny]

other than k-12 schools what other places require the 1000ft rule?

None

[Spetsnazos]

I thought they banned open carry for handguns a month back?

[KandyRedCoi]

None

ok last question: how do you know the 1000ft distance of schools your route is on? is it a 1000ft radius around the school? ok thanks

[Army]

ok last question: how do you know the 1000ft distance of schools your route is on? is it a 1000ft radius around the school? ok thanks

The 1000' starts at the edge of the school property, all the way around.

You can Google Earth it to get near exact measurement. My house is less than 100' from the nearest GFSZ, but my normal travel route keeps me out of it by 1/2 the street width

In case the OP is wondering; California does not require locking up a long arm or ammuniton during transport through a 1000' zone. However, federal law does require locking or securing longarms in GFSZ's, but also has no requirements for ammuniton.