Open Carry Info

[M1A1TankerTom]

Hey guys, I saw a while back that a gun on here put together a open carry brochure telling how to legally open carry. I remember in the brochure he said that he could not find any info/laws on carrying a firearm in a vehicle. Well, I am taking criminal justice classes and I found some info about it in my text book and I thought I would share it with you all.

- It should be noted that PC 12025 does not prohibit the carrying of a concealable firearm in a vehicle so long as the weapon is in plain view and is not loaded. The Attorney General has ruled: "it appears quite clear that a concealable firearm carried on the seat of a vehicle is legally carried under PC 12025, so long as the weapon is in plain view and is not loaded. It further appears that a concealable weapon may be carried anywhere else in the vehicle, again provided it reamins in plain view and is not loaded".

I dont know if this has already been posted or not, but I figured it couldnt hurt seeings to how it is a direct quote from the Attorney General. Hope it helps!

[M1A Rifleman]

I think the PC is clear on how handguns or concealable firearms are to be carried in a vehicle. I think what is at issue is how the PC is or is not being followed with respect to law enforcement in the field - either through ignorance of the law or outright disrespect.

Open carry unloaded is also legal with some exceptions. However I read that most of those that have tried and run into law enforcement are not treated as if they are following the law.

I would bet money that if any of us were caught with an unloaded handgun in plain site within a vehicle, that it would be confiscated and arrest would follow. Yea sure at trial it may be discovered that you did nothing wrong but it cost you and your family time, lots of money, and grievance. Which is their (anti-gun law enforcement types) idea - to make it so difficult, painfull, and costly to exercise your gun rights that you will simply give up.

[MudCamper]

"it appears quite clear that a concealable firearm carried on the seat of a vehicle is legally carried under PC 12025, so long as the weapon is in plain view and is not loaded. It further appears that a concealable weapon may be carried anywhere else in the vehicle, again provided it reamins in plain view and is not loaded".

Sure. Does not violate 12025. But if you are within 1000 feet of a K-12 school it violates 626.9.

Most of this is covered here and here.

The trouble that people seem to get into with misinformed LEO has to do with the definition of loaded. 12031 and People v. Clark are pretty clear, but LEOs get 12001, 12023, 12021.5, and a few others mixed in and confused with 12031.

[Decoligny]

Hey guys, I saw a while back that a gun on here put together a open carry brochure telling how to legally open carry. I remember in the brochure he said that he could not find any info/laws on carrying a firearm in a vehicle.

[Ironchef]

In a firearms and self defense class at the local JC here, a Concord cop who was instructing us at the time we were discussing various transportation and firearms laws did say that an unloaded handgun in plain view in a car is no crime. Sure they'll freak out and draw down on you until they know it's safe/unloaded, and you're not going to shoot them...but no crime.

I'm guessing any further elaboration of that scenario would still be up for discussion like any prohibite areas/roads, etc. BUt it was interesting to know that both handguns and long guns can be openly displayed in a vehicle...regardless of proximity.

[rue]

If it's true that you can carry an unloaded firearm in plain view in the vehicle, how come nobody carries long guns on racks in the rear window of trucks anymore? Is there a specific law against this? Just curious because I remember it as a kid being commonplace in the 80's and now I never see it.

[Greenspartan117]

If it's true that you can carry an unloaded firearm in plain view in the vehicle, how come nobody carries long guns on racks in the rear window of trucks anymore? Is there a specific law against this? Just curious because I remember it as a kid being commonplace in the 80's and now I never see it.

That's because people would steal them now if they just saw them laying about unguarded. :-( in a parked car...


That's just my assumption, as well as a more negative perception of firearms overall in the public.

[SONYEXEC]

I've picked up the same info from reading the "open carry" posts on this board. What is not too clear (to me anyway) is what happens if there's a loaded magazine on that same passanger next to the unloaded gun -- or speed loader if wheel guns are you thing. what if you have an empty gun in a holster in plain site BUT a loaded magazine in your rear pocket or a back pack?? Does that change everything?

[Decoligny]

What is not too clear (to me anyway) is what happens if there's a loaded magazine on that same passanger next to the unloaded gun -- or speed loader if wheel guns are you thing.

Well, according to PC 12031(g): For PC12031, Loaded firearm is defined as when there is an unexpended cartridge or shell in, or attached in any manner to, the firearm, including but not limited to, in the firing chamber, magazine, or clip thereof ATTACHED TO THE FIREARM.

So, unless the loaded magazine is IN the gun, or taped to the gun, or bubblegummed to the side of the gun, then your gun is unloaded.

what if you have an empty gun in a holster in plain site BUT a loaded magazine in your rear pocket or a back pack?? Does that change everything?

Yes, I think it changes everything, but, there is some disagreement on this particular area. I would always err to the side of caution as I don't want to be a test case. In People v. Hale (1974) the court stated that it regarded a concealed magazine to be the equialent of a concealed firearm; as it is "an essential component of the firearm".

So a magazine in your pocket could get you a concealed firearms charge, a speedloader however, is not a part of the firearm at all. So a speedloader in the pocket should not be a problem.

A full magazine in a holder on a belt should be the same as a firearm carried openly in a belt holster.