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Legalities of Open Carrying?

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  • dude
    Member
    • Mar 2009
    • 339

    Legalities of Open Carrying?

    Is it legal to LOC anywhere in CA? Like in BLM land? Or is it strictly prohibited?
    "Education costs money, but then so does ignorance."
  • #2
    Barney Gumble
    Senior Member
    • Apr 2009
    • 1047

    Comment

    • #3
      dude
      Member
      • Mar 2009
      • 339

      It's probably a bone-headed question, I know.

      "Education costs money, but then so does ignorance."

      Comment

      • #4
        Uriah02
        Veteran Member
        • Sep 2009
        • 3149

        Yes it is legal to open carry but with certain specifics, such as it must be completely unconcealed AND unloaded. Yes, I know that is stupid and self defeating but if you are an unincorporated area you can lock and load.
        Something else to consider, even if you are legally open carrying in a city (thus unloaded weapon) don't be surprised when LEOs approach you or if people make complaints about you... I wouldn't be surprised if your weapon would get confiscated temporarily or something along those lines...
        sigpic
        OIF 07-09 Veteran
        NRA Endowment Member, CRPA Life Member

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        • #5
          Kid Stanislaus
          Veteran Member
          • Dec 2008
          • 4419

          There's been a TON of discussion here about UOC. PLEASE don't do it until a few court cases get ironed out. Yeah, there's always somebody who "marches to the beat of a different drummer" but can't it just wait?
          Things usually turn out best for those who make the best of how things turn out.

          Comment

          • #6
            HondaMasterTech
            Veteran Member
            • Apr 2009
            • 4338

            California has no RKBA in its state Constitution. However, the 2nd amendment is headed in a very positive direction. It is understandable that certain indiviudals have requested that Unloaded Open Carry be avoided in incorporated areas of California until certain events have played out.

            I would still consider a place like BLM or the National Forest ok to carry. Concealable firearms must be openly carried and if discharge is not prohibited you may load the weapon while carrying.
            Originally posted by Paladin
            (Please skip the lame "two weeks" replies.)
            Originally posted by Ford8N
            If I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them, Mr. and Mrs. America, turn 'em all in, I would have done it. Senator Dianne Feinstein, CBS-TV's 60 Minutes, February 5, 1995

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            • #7
              bigstick61
              Veteran Member
              • May 2008
              • 3211

              One thing I've been curious about is if having the gun in a flap holster would be defined by the State as being concealed.

              Comment

              • #8
                wildhawker
                I need a LIFE!!
                • Nov 2008
                • 14150

                OP specifically inquired as to the laws surrounding loaded open carry.
                Brandon Combs

                I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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                • #9
                  hoffmang
                  I need a LIFE!!
                  • Apr 2006
                  • 18448

                  One can LOC in any unincorporated county where discharge is not prohibited by County ordinance. There is certainly a lot of acreage where it is legal, but those acres are not near any settled areas.

                  There may also be some additional restrictions based on the Fish & Game code as well as parks rules but I'll let others explain those.

                  -Gene
                  Gene Hoffman
                  Chairman, California Gun Rights Foundation

                  DONATE NOW
                  to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
                  Opinions posted in this account are my own and not the approved position of any organization.
                  I read PMs. But, if you need a response, include an email address or email me directly!


                  "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

                  Comment

                  • #10
                    dantodd
                    Calguns Addict
                    • Aug 2009
                    • 9360

                    Originally posted by dude
                    Is it legal to LOC anywhere in CA? Like in BLM land? Or is it strictly prohibited?
                    Well, it looks like you've learned that this is a loaded question around here.

                    As HondaMasterTech mentioned, the folks leading the fight for 2A in California feel UOC in urban area is detrimental to the political cause. This is primarily due to the public exposure.

                    However; in rural/undeveloped areas it is a different story. Carrying on BLM land where it is legal is not seen as a political liability. In general, if you can legally discharge your weapon you can legally carry it loaded. I'm sure that some folks will come by with more details about the specifics of identifying areas to carry. There are also a handful of website focused on open carry and there is a lot of good info there.
                    Coyote Point Armory
                    341 Beach Road
                    Burlingame CA 94010
                    650-315-2210
                    http://CoyotePointArmory.com

                    Comment

                    • #11
                      GrizzlyGuy
                      Gun Runner to The Stars
                      CGN Contributor - Lifetime
                      • May 2009
                      • 5468

                      See MudCamper's excellent thread here for info about firearms on BLM and other public lands (especially post #2 for BLM):

                      Gun law complexity got you down? Get the FAQs, Jack!

                      sigpic

                      Comment

                      • #12
                        Meplat
                        Calguns Addict
                        • Jul 2008
                        • 6903

                        Loaded open carry is no big deal. Just don't do it in the wrong place. Find out the right place in advance. Generally incorporated areas are a no-no. BLM and national forrest is generally OK. Maybe that is why there are so many murders on BLM land.

                        Don't try it in SF or LA, but then SF & LA would both benefit from a low yield nuclear weapon, kind of like cauterizing a boil on the but of the world.
                        sigpicTake not lightly liberty
                        To have it you must live it
                        And like love, don't you see
                        To keep it you must give it

                        "I will talk with you no more.
                        I will go now, and fight you."
                        (Red Cloud)

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                        • #13
                          Decoligny
                          I need a LIFE!!
                          • Mar 2008
                          • 10615

                          Originally posted by dude
                          Is it legal to LOC anywhere in CA? Like in BLM land? Or is it strictly prohibited?
                          To all the folks giving info on UOC, it wasn't even mentioned by the OP.

                          As far as LOC or LOADED OPEN CARRY, it is legal. You just have to be outside of any incorporated city, in an area where the county has not made discharge of a firearm illegal. You must also remember to stay out of all the normal prohibited areas, like school zones and Government Buildings.

                          Each County has it's own rules regarding discharge of firearms. Some people will tell you, no dischard within 150 yards of a building. This does NOT cover Loaded Open Carry. The 150 yards from a building is from the Fish and Game regulations and deals specifically with "while hunting". So yes, you can carry LOC in neighborhoods.

                          Kern County has only one county ordinance dealing with the discharge of firearms. It states that discharge of firearms is prohibited in county parks. So here in Kern County, you can LOC in the vast majority of the county.

                          Los Angeles County on the other hand has ordinances that list vast tracts of land as areas where discharge of firearms is prohibited. You almost need to be a cartographer (map maker) to figure out where you can and where you can't LOC.

                          Do a search for the county ordinances for the county you wish to LOC in and search for the words firearms, guns, discharge, and ammunition. You should be able to figure out where you can LOC by reviewing these.
                          sigpic
                          If you haven't seen it with your own eyes,
                          or heard it with your own ears,
                          don't make it up with your small mind,
                          or spread it with your big mouth.

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                          • #14
                            Decoligny
                            I need a LIFE!!
                            • Mar 2008
                            • 10615

                            Originally posted by hoffmang
                            One can LOC in any unincorporated county where discharge is not prohibited by County ordinance. There is certainly a lot of acreage where it is legal, but those acres are not near any settled areas.

                            There may also be some additional restrictions based on the Fish & Game code as well as parks rules but I'll let others explain those.

                            -Gene
                            No such thing as an "unincorporated county", only cities are incorporated.
                            sigpic
                            If you haven't seen it with your own eyes,
                            or heard it with your own ears,
                            don't make it up with your small mind,
                            or spread it with your big mouth.

                            Comment

                            • #15
                              dantodd
                              Calguns Addict
                              • Aug 2009
                              • 9360

                              Originally posted by Decoligny
                              No such thing as an "unincorporated county", only cities are incorporated.
                              I don't think Gene meant an unincorporated county. I am confident he meant any "unincorporated area in a county" Seems the reasonable reading of his post.
                              Coyote Point Armory
                              341 Beach Road
                              Burlingame CA 94010
                              650-315-2210
                              http://CoyotePointArmory.com

                              Comment

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