Unloaded Open Carry

[F-2_Challenger]

I was talking with a police instructor at Napa JC and he was telling me that UOC is illegal and that if you have any bullets on you it is classified as a loaded weapon. I told him he was wrong. I have searched, but my search foo is not good right now. could someone point me in the right direction to the pc and or case law.


I told him I would bring it to his office tomorrow so he can have the proper information.


Thanks,

F-2.

[grammaton76]

http://www.californiaopencarry.org/

Believe this site is run by a forum member; look at the pamphlets.

[F-2_Challenger]

Thanks for the quick reply

[gdun]

i thought i had this in my favorites

http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

that gives a whole bunch of good info. Open carry is completely legal, the only thing is that the ammo can't be in a position to fire, meaning not a mag in or a round in the chamber.
Guys who OC either carry a speedloader or loaded mag on the opposite side.

[pullnshoot25]

I was talking with a police instructor at Napa JC and he was telling me that UOC is illegal and that if you have any bullets on you it is classified as a loaded weapon. I told him he was wrong. I have searched, but my search foo is not good right now. could someone point me in the right direction to the pc and or case law.


I told him I would bring it to his office tomorrow so he can have the proper information.


Thanks,

F-2.

What a maroon.

Grammaton76 gave you the site with all the info on it. MudCamper is the guy that runs it.

I would love to hear this guy babble as he tries to correct his improper views. If you have a voice recorder it could prove to be priceless.

[Stormfeather]

FUD

[JohnBrian]

I guess I'm missing something on this UOC business

I guess I'm missing something on this UOC business:

What's the point in carrying an UNLOADED firearm?

I recall that during the LA riots a small group of National Guardsman were relieved of their M16's by armed gangbangers. The NG guys wern't issued ammo so they were carrying unloaded. Obviously, the NG guys didn't resist because they were essentially unarmed.

And yes, I do understand that you can carry a loaded mag or speedloader in your pocket or a pouch. But your gun is still UNLOADED so you can't exactly bring your weapon to bear in a timely manner in an emergency situation. I learned in cop school that a person with a knife can charge you from 15' and stab you before you can clear leather with your LOADED sidearm. If you did a lot of practice drawing your gun & shooting accuratly you can improve your speed & get at least one accurate shot off before the stabber can actually slice & dice you. But he still will be close enough that you might still get injured.

[ke6guj]

some people feel that the point of carrying an unloaded firearm (with ammo available on their person) is that if need be, they can have a loaded firearm in 2-5 seconds (some people have it down to 2-3 seconds, while others may take 5-10 seconds). A lot better than calling 911 and having a loaded firearm arrive is 2-5 minutes.

Yes, in your Tueller Drill example, the UOC'er may not have enough time to load and defend, but not every situation is like that. So, since an UOC'er may not be able to defend against that example, he should just give up and not UOC at all?

[LesGrossman41510]

Cool thread, teach that dumb cop what the laws are. I also learned a few things from this thread, as i read some FUD that if you had a loaded magazine on you they considered it "on your person there fore a loaded weapon" or some ridiculous garbage.

The main point is that the pistol and magazine be VISIBLE correct?

[pullnshoot25]

I guess I'm missing something on this UOC business:

What's the point in carrying an UNLOADED firearm?

I recall that during the LA riots a small group of National Guardsman were relieved of their M16's by armed gangbangers. The NG guys wern't issued ammo so they were carrying unloaded. Obviously, the NG guys didn't resist because they were essentially unarmed.

And yes, I do understand that you can carry a loaded mag or speedloader in your pocket or a pouch. But your gun is still UNLOADED so you can't exactly bring your weapon to bear in a timely manner in an emergency situation. I learned in cop school that a person with a knife can charge you from 15' and stab you before you can clear leather with your LOADED sidearm. If you did a lot of practice drawing your gun & shooting accuratly you can improve your speed & get at least one accurate shot off before the stabber can actually slice & dice you. But he still will be close enough that you might still get injured.

I am so glad we are doing an FAQ for people just like you.

[gdun]

yes the pistol can't be covered by your shirt or anything.
IMO a unloaded gun ready to be loaded is better than no gun. But, it's not the best option for advancing our 2a rights

[ENTHUSIAST]

People Vs. Clark

Tell him to look it up... I spoke to a LEO about it while being detained here in SD and they were up to speed and understood the case law fairly well.

[Lancear15]

This debate may never end, like the AK vs AR, glock vs 1911, etc. . .facepalm

I guess I'm missing something on this UOC business:

What's the point in carrying an UNLOADED firearm?

I recall that during the LA riots a small group of National Guardsman were relieved of their M16's by armed gangbangers. The NG guys wern't issued ammo so they were carrying unloaded. Obviously, the NG guys didn't resist because they were essentially unarmed.

And yes, I do understand that you can carry a loaded mag or speedloader in your pocket or a pouch. But your gun is still UNLOADED so you can't exactly bring your weapon to bear in a timely manner in an emergency situation. I learned in cop school that a person with a knife can charge you from 15' and stab you before you can clear leather with your LOADED sidearm. If you did a lot of practice drawing your gun & shooting accuratly you can improve your speed & get at least one accurate shot off before the stabber can actually slice & dice you. But he still will be close enough that you might still get injured.

[Army]

JohnBrian, as one of the many NG personnel that responded to the 92 get-go, I can absolutely affirm that NO, NONE, ZERO, NADA weapons were liberated from any military members of any branch that patrolled the streets in those weeks.

We indeed had ammunition from the moment of departation from our armory.

[CSACANNONEER]

And some wonder why the local PDs don't know the laws. It's obvious that their instructors teach them laws that don't exist!