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Unloaded Open Carry Question

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  • lawaia
    Senior Member
    • Feb 2008
    • 2083

    Unloaded Open Carry Question

    When you UOC, what is the legal way to store and transport the weapon when you are in and out of your vehicle several times during the day? Do you have to unholster and lock the weapon up each time you enter and operate the vehicle, or is it legal to leave it holstered at your side?

    Sorry if this is a dumb question, but I am not clear in my understanding of this matter. I have seen references on this forum to UOC and making sure to not drive near any schools. However, I thought that a handgun always had to be in a locked container during transport in a motor vehicle.

    Thanks for any clarification.
    Last edited by lawaia; 09-26-2008, 5:05 PM. Reason: Clarification
  • #2
    pullnshoot25
    Banned
    • Mar 2007
    • 8068

    Originally posted by lawaia
    When you UOC, what is the legal way to store and transport the weapon when you are in and out of your vehicle several times during the day? Do you have to unholster and lock the weapon up each time you enter and operate the vehicle, or is it legal to leave it holstered at your side?

    Sorry if this is a dumb question, but I am not clear in my understanding of this matter. I have seen references on this forum to UOC and making sure to not drive near any schools. However, I thought that a handgun always had to be in a locked container during transport in a motor vehicle.

    Thanks for any clarification.
    The former.

    Comment

    • #3
      MudCamper
      Veteran Member
      • Mar 2007
      • 4595

      As long as you are not in a school zone, you do not need to unholster your handgun.

      A handgun only has to be in a locked container (or in the trunk) when you are transporting it concealed. If you pass through a school zone, then you also must have it in a locked case or the trunk.

      Now a bunch of people may jump in here and say this isn't true. Most cops will say it's illegal. Most firearms "experts" will tell you it's illegal. They are all wrong.

      Comment

      • #4
        ENTHUSIAST
        Veteran Member
        • Feb 2008
        • 4440

        Originally posted by lawaia
        When you UOC, what is the legal way to store and transport the weapon when you are in and out of your vehicle several times during the day? Do you have to unholster and lock the weapon up each time you enter and operate the vehicle, or is it legal to leave it holstered at your side? .
        When you are in your car UOC *should* be perfectly fine EXCEPT when driving through a K-12 school zone, but since you cant really drive more than a few miles with out some how crossing through an invisible school zone (that you may or may not be aware of) it would be wise to keep your handgun safely locked in your trunk (or a locked brief case etc.).

        I noticed that you used the word UNHOLSTER when talking about placing the firearm in a locked container (such as a car trunk) but I would caution you that if a LEO saw you he may think you are brandishing/making threatening gestures, so I have heard it is better to remove your holster from your person and secure it in the container when transitioning from one safe zone to another.

        Think in your mind what looks safer/more appropriate if you seen someone remove their holster setup and put it in the trunk at 2pm in the afternoon on a busy street or unholster their piece "in a threatening manner" and create a problem that could be easily avoided by what the gen public observes a UOCer do while acting as an ambassador for the 2nd Amendment...
        Last edited by ENTHUSIAST; 09-28-2008, 2:11 AM.

        Comment

        • #5
          lawaia
          Senior Member
          • Feb 2008
          • 2083

          Thanks for the clarification, and the tip to not unholster during the transition from street to auto.

          Comment

          • #6
            gun toting monkeyboy
            Calguns Addict
            • Aug 2008
            • 6820

            Holy crap. He's right. All this time I have always thought that it had to be locked in a container. Here is the quote from the DOJ's website.

            4. POSSESSION AND TRANSPORTATION OF CONCEALED WEAPONS
            Carrying a Concealed Handgun Without a License on One's Person or Concealed in a
            Vehicle
            Pursuant to Penal Code section 12025, a person is guilty of carrying a concealed firearm
            when he or she does any of the following:
            • Carries concealed within any vehicle which is under his or her control, any pistol,
            revolver, or other firearm capable of being concealed upon the person.
            • Carries concealed upon his or her person any pistol, revolver, or other firearm
            capable of being concealed upon the person.
            • Causes to be carried concealed within any vehicle in which he or she is an occupant
            any pistol, revolver, or other firearm capable of being concealed upon the person.


            Who knew?

            -Mb
            Originally posted by aplinker
            It's OK not to post when you have no clue what you're talking about.

            Comment

            • #7
              MudCamper
              Veteran Member
              • Mar 2007
              • 4595

              Originally posted by gun toting monkeyboy
              Who knew?
              A lot of us knew. BTW, you should take what you read at the DOJ website with a grain of salt. They mix truth with fiction all the time. In this case they are quoting the actual penal code however.

              Comment

              • #8
                gun toting monkeyboy
                Calguns Addict
                • Aug 2008
                • 6820

                Originally posted by MudCamper
                A lot of us knew. BTW, you should take what you read at the DOJ website with a grain of salt. They mix truth with fiction all the time. In this case they are quoting the actual penal code however.
                Yes, but most of the gun owning population is under the impression that things are otherwise. I don't normally believe everything that they have on their website, or what they tell me on the phone. I have learned that the hard way through some lumps on here. But this was in their pamplet on CA gun laws. It would be pretty hard for anybody to argue that I wasn't trying to follow the law when I can produce a copy of it from their website.

                -Mb
                Originally posted by aplinker
                It's OK not to post when you have no clue what you're talking about.

                Comment

                • #9
                  Greg-Dawg
                  Banned
                  • Oct 2006
                  • 7793

                  Too many acronyms. What the heck is UOC?

                  Comment

                  • #10
                    pullnshoot25
                    Banned
                    • Mar 2007
                    • 8068

                    Too many acronyms. What the heck is UOC?
                    Unloaded open carry

                    I know what you mean about the acronym thing, I remember wondering wtf IIRC meant, haha ROFL LMAO LOL.

                    hehe.

                    Comment

                    • #11
                      lawaia
                      Senior Member
                      • Feb 2008
                      • 2083

                      Revised the title for clarification. "IIRC" had me confused for the longest time!!!

                      Comment

                      • #12
                        Army
                        Veteran Member
                        • Oct 2005
                        • 3915

                        The 1000' zone only applies if you have reasonable knowledge of a K-12 school zone.

                        If in a strange town/city, you cannot reasonably be expected to know where any K-12 schools are. You are not liable for violating an unknown zone.
                        "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself...A murderer is less to fear. The traitor is the plague."......Cicero

                        Comment

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