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  • Alan Halcon
    Member
    • Feb 2009
    • 285

    Loaded open carry

    Okay, my search fu is way off and I can't seem to connect the dots. I've asked two LEO friends and they're not sure.

    If I have a california CCW can I open carry loaded in California? How about if I have a Utah or Florida CCW can I open carry in the states they have reciprocity with?

    thanks
    Alan
    Last edited by Alan Halcon; 01-06-2010, 4:26 PM. Reason: To add
    dirttime.com
  • #2
    GuyW
    Banned
    • Dec 2002
    • 4298

    Originally posted by Alan Halcon

    If I have a california CCW can I open carry loaded in California?
    NO!


    Originally posted by Alan Halcon

    How about if I have a Utah or Florida CCW can I open carry in the states they have reciprocity with?
    Research their laws...
    .

    Comment

    • #3
      Shane916
      Calguns Addict
      • Feb 2006
      • 5004

      Not sure about the other states...but I assure you that CA's CCW literally means CCW.

      Comment

      • #4
        Liberty1
        Calguns Addict
        • Apr 2007
        • 5541

        Originally posted by Alan Halcon
        If I have a california CCW can I open carry loaded in California?
        There is a good argument for 'Yes'. But that is a question for later down the road. So I'd recommend not doing so at this time. So far one member who did that had his license revoked. He was not in a position to challenge the action at that time.




        How about if I have a Utah or Florida CCW can I open carry in the states they have reciprocity with?

        thanks
        Alan
        Depends on the state laws in which you are carrying.

        What state do you want to talk about?
        Last edited by Liberty1; 01-06-2010, 11:09 PM.
        False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
        -- Cesare Beccaria http://www.a-human-right.com/

        Comment

        • #5
          gotgunz
          Senior Member
          • Jan 2006
          • 1972

          Am I missing something?

          If you have a California CCW why would you want to carry exposed?

          Comment

          • #6
            Alan Halcon
            Member
            • Feb 2009
            • 285

            Thank you, gang. It was just a curious question.

            As for states with reciprocity to Utah and Florida, it was just a question...

            thanks
            Alan
            dirttime.com

            Comment

            • #7
              Alan Halcon
              Member
              • Feb 2009
              • 285

              gotgunz, I knew someone would ask that.

              I have a LEO friend who I have started doing ride alongs with. And, until the other officers get to know me, I don't want to be the guy to surprise anyone... especially since it is the night shift. And, as we know, the freaks come out at night. I'm not trying to play cop, but I'm also trying to check six.

              thanks
              Alan
              dirttime.com

              Comment

              • #8
                Cokebottle
                Señor Member
                CGN Contributor - Lifetime
                • Oct 2009
                • 32373

                Originally posted by Alan Halcon
                Thank you, gang. It was just a curious question.

                As for states with reciprocity to Utah and Florida, it was just a question...
                Generally CCW means CC. SOME states have open-carry laws, but they don't require a CCW to do so... Arizona is one. WRT LOC, every state is different.

                In California, CCW means CCW, but as with AZ, there are unincorporated areas of some counties where LOC is legal... but the general answer, as given above, is "no", regardless of whether you have a CCW or not.

                In general, states with reciprosity apply the same rules to both resident and non-resident holders, but there are some exceptions, as well as some reciprosity exceptions (such as Florida, Colorado, and other states that only recognize CCW from residents of the issuing state).
                Sadly, Colorado has no reciprosity with CA, and they don't issue non-resident, so even though you may obtain a Utah or Florida permit... even with a CA permit, there is no legal way for a CA resident to CCW in Colorado.
                - Rich

                Originally posted by dantodd
                A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                Comment

                • #9
                  kcbrown
                  Calguns Addict
                  • Apr 2009
                  • 9097

                  California has so many laws that you're probably better off assuming that if you don't know that it's legal, then it's probably illegal...

                  In fact, I would be mildly surprised if there weren't a law encoding that very principle.
                  The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

                  The real world laughs at optimism. And here's why.

                  Comment

                  • #10
                    s-s
                    Member
                    • May 2009
                    • 117

                    12050

                    12031

                    Comment

                    • #11
                      mej16489
                      Veteran Member
                      • Aug 2008
                      • 2714

                      Originally posted by Alan Halcon
                      Okay, my search fu is way off and I can't seem to connect the dots. I've asked two LEO friends and they're not sure.

                      If I have a california CCW can I open carry loaded in California?
                      Originally posted by GuyW
                      NO!
                      Incorrect, Unless there is something printed on the license to the effect of 'License not valid if firearm is not concealed' then there is no obligation to conceal. Therefore a CCW license, typically, has zero bearing on the Open aspect of Loaded Open Carry(LOC)

                      CA PC 12031 is the statute which dictates when a firearm may not be loaded. There is an exemption for anyone licensed pursuant to PC 12050 (CCW License). Therefore there is an explicit exemption for Loaded carry.

                      A + B = C
                      CCW License + Open Carry = Loaded Open Carry

                      However, if you get 'caught' you will likely get your license pulled. Therefore, wait to use a CCW license as a Loaded exemption until after we have Shall Issue CCW.

                      Comment

                      • #12
                        GuyW
                        Banned
                        • Dec 2002
                        • 4298

                        ^^^^^I guess I'm not in the mood to argue tonight^^^^

                        Readers, follow that advice at your own peril....

                        .

                        Comment

                        • #13
                          gotgunz
                          Senior Member
                          • Jan 2006
                          • 1972

                          Originally posted by Alan Halcon
                          gotgunz, I knew someone would ask that.

                          I have a LEO friend who I have started doing ride alongs with. And, until the other officers get to know me, I don't want to be the guy to surprise anyone... especially since it is the night shift. And, as we know, the freaks come out at night. I'm not trying to play cop, but I'm also trying to check six.

                          thanks
                          Alan
                          Ummmm? Why not just tell him you are carrying concealed?

                          Who would you be worried about surprising if it is concealed... I am not seeing this.

                          Comment

                          • #14
                            mej16489
                            Veteran Member
                            • Aug 2008
                            • 2714

                            Originally posted by GuyW
                            ^^^^^I guess I'm not in the mood to argue tonight^^^^

                            Readers, follow that advice at your own peril....
                            Firstly, I said it was currently a bad idea...
                            Secondly, argue with Gene he's supported my position on several occasions in these forums. One example is from here:

                            Originally posted by hoffmang
                            Simply having a license exempts you from the GFSZ and nowhere does it say that the firearm has to be concealed.
                            -Gene

                            Comment

                            • #15
                              Alan Halcon
                              Member
                              • Feb 2009
                              • 285

                              gotgunz, Its not for his benifit, rather the benifit of the other leos who don't know me; and for me. I'm not on the force nor do I have the liberty of sitting in on briefs and or shaking hands with everyone.

                              At times I am asked to hang back and wait while they make safe. Well, during that time if another unit rolls up and I'm hanging without my driver, because he's with another group clearing, I want to look like I belong. I don't want to be confused as a perp with a gun they can ask me all the questions they want after. I'll be happy to answer.

                              I don't wear a uniform. And, If I have to draw, I don't want it to be a surprise, if the situation is tense.

                              I don't feel it's as black and white as you may think it is... I wish it was.

                              Alan
                              Last edited by Alan Halcon; 01-06-2010, 6:22 PM.
                              dirttime.com

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