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  • Strongisland
    Member
    • Apr 2014
    • 270

    Thought of an idea:

    Where can I apply for an Open Carry license?



    Catch my drift?
  • #2
    CG of MP
    Senior Member
    • Sep 2002
    • 681

    See peruta ;-)
    Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.
    Miranda vs. Arizona
    The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes...
    District of Columbia vs. Heller
    sigpic

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    • #3
      Strongisland
      Member
      • Apr 2014
      • 270

      Originally posted by CG of MP
      See peruta ;-)
      Doesn't peruta have to do with CC?

      Comment

      • #4
        Untamed1972
        I need a LIFE!!
        • Mar 2009
        • 17579

        There is such a thing as an OC permit, but I believe it is limited to counties with a population of 200K or less, and is only good in the county of issue.

        And most of those small counties are the ones that's it easy to get a CCW in anyway.
        "Freedom begins with an act of defiance"

        Quote for the day:
        "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

        Comment

        • #5
          CG of MP
          Senior Member
          • Sep 2002
          • 681

          Originally posted by Strongisland
          Doesn't peruta have to do with CC?
          Yes and no.

          Basically the idea as I understand it is that since there IS no such thing as an Open Carry lic for most of the state then all that is left is CC. Therefore CC lic should be issued to all.

          Since for instance San Francisco or Santa Clara does not even have an OC lic available, the point beomes a bit moot... esp[ecially since, again as I understand it, OC lic are good ONLY where they are issued NOT statewide.
          Last edited by CG of MP; 09-17-2014, 3:41 PM.
          Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.
          Miranda vs. Arizona
          The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes...
          District of Columbia vs. Heller
          sigpic

          Comment

          • #6
            RobertMW
            Senior Member
            • Jul 2013
            • 2117

            Originally posted by CG of MP
            Yes and no.

            Basically the idea as I understand it is that since there IS no such thing as an Open Carry lic for most of the state then all that is left is CC. Therefore CC lic should be issued to all.
            Basically the gist of it, but not 100% detailed.

            The only thing the Peruta decision actually effects is the application of good cause when applying for your carry license. In the opinion, the judge makes note that California has chosen CC as their typical manner of bearing arms, and thus should be issued to those who wish to carry for self defense.

            If, when Peruta is finalized in a pro-2A manner, California decided to scrap CC and re-write all the laws so that L(icensed)OC is now the new manner in which we shall bear, the Peruta decision would still apply since the opinion is in reference to "The preferred manner of bearing arms." It is not so specific that a change in the law destroys the spirit of the opinion. Nobody could say that good cause is again necessary just because the state switched to LOC.
            Originally posted by kcbrown
            I'm most famous for my positive mental attitude.

            Comment

            • #7
              Satmary
              Junior Member
              • Aug 2012
              • 68

              I'd be happy with open carry

              I'm not sure I follow the legal logic here, but I would be happy with Licenced Open Carry if the process were smoother and easier to acquire than Concealed Carry. I'm of medium build, and usually wear fitted shirts and coats, so concealment might be a problem, especially during the summer months. If I could Open Carry, Hell, I'd strap on that .45 Ruger Vaquero and walk down the street with cowboy swagger!

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30241

                The process to obtain a CA LTC permit is same no matter if it's for conceal carry or open carry.

                However, an issuing agency can only issue an open carry permit if the county they are located in has a population of less than 200,000. However, the open carry permit is only valid in the county it is issued in. [PC 26150(b)(2) & 26155(b)(2)]

                If a conceal carry permit holder lives in a county with a population of less than 200,000, then they can change their conceal carry permit (which is valid in the entire State) to an open carry permit (which is only valid in the county the permit is issued in). [PC 26215(a)(3)]

                In addition; if the permit holder moves to another county, the open carry permit is immediately revoked. [PC 26210(e)]



                Penal Code 26150
                (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may issue a license to that person upon proof of all of the following:
                (1) The applicant is of good moral character.
                (2) Good cause exists for issuance of the license.
                (3) The applicant is a resident of the county or a city within the county, or the applicant's principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.
                (4) The applicant has completed a course of training as described in Section 26165.
                (b) The sheriff may issue a license under subdivision (a) in either of the following formats:
                (1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
                (2) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.

                Penal Code 26155
                (b) The chief or other head of a municipal police department may issue a license under subdivision (a) in either of the following formats:
                (2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.

                Penal Code 26215
                (a) A person issued a license pursuant to this article may apply to the licensing authority for an amendment to the license to do one or more of the following:
                (3) If the population of the county is less than 200,000 persons according to the most recent federal decennial census, authorize the licensee to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.

                Penal Code 26210
                (e) If the license is one to carry loaded and exposed a pistol, revolver, or other firearm capable of being concealed upon the person, the license shall be revoked immediately upon a change of the licensee's place of residence to another county.
                sigpic

                "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                Comment

                • #9
                  CitaDeL
                  Calguns Addict
                  • May 2007
                  • 5843

                  Originally posted by Strongisland
                  Where can I apply for an Open Carry license?



                  Catch my drift?
                  Yes, and Quiet has the legal details.

                  Originally posted by Quiet
                  The process to obtain a CA LTC permit is same no matter if it's for conceal carry or open carry.

                  However, an issuing agency can only issue an open carry permit if the county they are located in has a population of less than 200,000. However, the open carry permit is only valid in the county it is issued in. [PC 26150(b)(2) & 26155(b)(2)]

                  If a conceal carry permit holder lives in a county with a population of less than 200,000, then they can change their conceal carry permit (which is valid in the entire State) to an open carry permit (which is only valid in the county the permit is issued in). [PC 26215(a)(3)]

                  In addition; if the permit holder moves to another county, the open carry permit is immediately revoked. [PC 26210(e)]



                  Penal Code 26150
                  (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may issue a license to that person upon proof of all of the following:
                  (1) The applicant is of good moral character.
                  (2) Good cause exists for issuance of the license.
                  (3) The applicant is a resident of the county or a city within the county, or the applicant's principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.
                  (4) The applicant has completed a course of training as described in Section 26165.
                  (b) The sheriff may issue a license under subdivision (a) in either of the following formats:
                  (1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
                  (2) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.

                  Penal Code 26155
                  (b) The chief or other head of a municipal police department may issue a license under subdivision (a) in either of the following formats:
                  (2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.

                  Penal Code 26215
                  (a) A person issued a license pursuant to this article may apply to the licensing authority for an amendment to the license to do one or more of the following:
                  (3) If the population of the county is less than 200,000 persons according to the most recent federal decennial census, authorize the licensee to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.

                  Penal Code 26210
                  (e) If the license is one to carry loaded and exposed a pistol, revolver, or other firearm capable of being concealed upon the person, the license shall be revoked immediately upon a change of the licensee's place of residence to another county.

                  The fact remains, that in spite of all the claims of little county Sheriffs that they adhere to Constitutional principles and they are stalwart proponents of the second amendment, I am not aware that any licenses to carry 'loaded and exposed' have been issued anywhere statewide.(And it isn't that none have applied.)

                  This little fact should remind readers that whatever Sheriffs and Police Chiefs say about their position on the 2A and issuing carry licenses, their reluctance to issue liberally to non-prohibited persons, is proof of their complicity in a gun control scheme.

                  If any would like to disprove my assertions, they should meet me at 1525 Court Street in Redding and discuss with the Shasta county Sheriff why he hasn't issued a single 26150(b) license.



                  Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

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