open carry in a unincorporated area

[sportsman]

what is the law on open carry in a unincorporated area with homes

[yzErnie]

Open carry of what?...handgun, long gun?

[sportsman]

sorry open carry of a hand gun

[Lives_In_Fresno]

Well, the law on open carry there is the same as open carry elsewhere. Open carry is illegal in CA.

[Decoligny]

Well, the law on open carry there is the same as open carry elsewhere. Open carry is illegal in CA.

You really aught to read and understand the law before making blanket statements like that.

Open carry of unloaded handguns is illegal inside the city limits of an incorporated city, and there are many exceptions to this listed in the law. For example someone with an LTC can legally open carry an unloaded handgun in an incorporated city.

It is also still 100% legal to open carry unloaded handguns or LOADED handguns in unincoporated territory where discharge of a firearm is not prohibited by law.

[Big O]

If I may, I'd like to ask an additional question related to this.

Say you're out hunting with a buddy, where hunting is allowed of course, but target shooting is not. The only allowed discharge of firearms is for the purpose of taking game. I understand that while hunting (non-archery season), carrying of a sidearm is allowed openly or concealed, provided you have hunting ammunition loaded (no FMJ, non lead if in condor zone.) So at the end of the day, you get back to your vehicle, half hour past sunset has passed and hunting is no longer legal. You hang around to smoke a cigar, enjoy the view, watch the heavens above, talk a little bit about whatever is on your mind, etc. Is there a legal way to carry a loaded sidearm for the purposes of protection? Seeing that you're out in the boonies, one can be an easy target for predatory wildlife or humans. You're not pitching a tent and not camping for the night, just hanging out for another hour or so to enjoy the evening scenery.

Also, carrying of a sidearm while hunting with shotgun in shotgun only zone. Seems that the law only allows carrying of a sidearm if it's legal to hunt with that sidearm.

Of course, this if for the non LTC crowd.


Thanks

[CitaDeL]

Well, the law on open carry there is the same as open carry elsewhere. Open carry is illegal in CA.

Please. Read more, answer only questions you know the answer to. As pointed out by Decoligny, your post is not wholly correct.

You really aught to read and understand the law before making blanket statements like that.

Open carry of unloaded handguns is illegal inside the city limits of an incorporated city, and there are many exceptions to this listed in the law. For example someone with an LTC can legally open carry an unloaded handgun in an incorporated city.

It is also still 100% legal to open carry unloaded handguns or LOADED handguns in unincoporated territory where discharge of a firearm is not prohibited by law.

Decoligny, a LTC would have to be in the form of a License to Carry Loaded and Exposed which are only available in counties of populations less than 200K on the last census and only in the county of issuance. The legislature has ensured that those with a concealed carry license do not exploit exposed carry who are not specifically licensed to do so.

If I may, I'd like to ask an additional question related to this.

Say you're out hunting with a buddy, where hunting is allowed of course, but target shooting is not. The only allowed discharge of firearms is for the purpose of taking game. I understand that while hunting (non-archery season), carrying of a sidearm is allowed openly or concealed, provided you have hunting ammunition loaded (no FMJ, non lead if in condor zone.) So at the end of the day, you get back to your vehicle, half hour past sunset has passed and hunting is no longer legal. You hang around to smoke a cigar, enjoy the view, watch the heavens above, talk a little bit about whatever is on your mind, etc. Is there a legal way to carry a loaded sidearm for the purposes of protection? Seeing that you're out in the boonies, one can be an easy target for predatory wildlife or humans. You're not pitching a tent and not camping for the night, just hanging out for another hour or so to enjoy the evening scenery.

Also, carrying of a sidearm while hunting with shotgun in shotgun only zone. Seems that the law only allows carrying of a sidearm if it's legal to hunt with that sidearm.


Thanks

Big O... So, from the picture you are painting, one must assume that self-defense arms (read handguns) are not permitted on a hunt and that self-defense is not a protected 2A activity while hunting. I believe the prohibition is in taking game with arms that are not otherwise approved- not in keeping, possessing or bearing arms for other purposes than hunting.

[Big O]

Big O... So, from the picture you are painting, one must assume that self-defense arms (read handguns) are not permitted on a hunt and that self-defense is not a protected 2A activity while hunting. I believe the prohibition is in taking game with arms that are not otherwise approved- not in keeping, possessing or bearing arms for other purposes than hunting.

How does this translate in the real world? We know there's an exception in 12027 for hunters while hunting. Half hour past sunset, you're no longer hunting, though sometimes still hiking back to the car and would like to keep a loaded sidearm or long gun for protection. Since you're in an area that does not allow target shooting and you're no longer hunting, the exception in 12027 goes away (the to/from clause only allows unloaded concealed carry.) Since target shooting is prohibited, open or concealed carrying of a loaded firearm seems to be a violation. It would be great if the right people can offer some guidance.

[Decoligny]

Decoligny, a LTC would have to be in the form of a License to Carry Loaded and Exposed which are only available in counties of populations less than 200K on the last census and only in the county of issuance. The legislature has ensured that those with a concealed carry license do not exploit exposed carry who are not specifically licensed to do so.

Not so.

One of the multitude of exemptions to the new law against open carry of on UNLOADED handgun is for holders of LTCs.

Jason Davis of Davis and Associates, one of the most respected firearms lawyers around, wrote a letter/analysis listing 116 specific exemptions to AB 144 aka PC 26350.

http://www.calgunsfoundation.org/resources/downloads/file/53-davis-cgf-ab-144-analysis-a-faqs.html

Exemption #38 is for LTC/CCW holders.

[Lugiahua]

How do you find out if an area is so called "legal to discharge firearms" ?

[VAReact]

How do you find out if an area is so called "legal to discharge firearms" ?

This is found in county ordinances. Google search your county for ordinances and you should be able to find it. For example, LA County:

http://search.municode.com/html/16274/index.htm

See Chapter 13.66

hope this helps

[CitaDeL]

Not so.

One of the multitude of exemptions to the new law against open carry of on UNLOADED handgun is for holders of LTCs.

Jason Davis of Davis and Associates, one of the most respected firearms lawyers around, wrote a letter/analysis listing 116 specific exemptions to AB 144 aka PC 26350.

http://www.calgunsfoundation.org/resources/downloads/file/53-davis-cgf-ab-144-analysis-a-faqs.html

Exemption #38 is for LTC/CCW holders.

Yeah, I've read that. And it seems to me that there is a conflict between the laws and their administration. On one hand, you have a blanket exemption for licenses to carry and on the other, you have a requirement to carry a concealable firearm in the manner pursuant to the form of license issued.

With agencies issuing under the presumption that they possess unlimited descretion for issuance (as well as revocation), those presenting their licenses to authorities to exploit the blanket exemption in Portantino's law will be at the mercy of the issuing agencies whims to enforce the legislatures tightened prohibitions on licensees.

Even before this question was raised and the applicable laws were even concieved, I had the answer. There is no exemption for licensees if the issuing agencies exercise unlimited descretion and the result is revocation.

I will concede, that you would have an exemption for so long as you hold the license- so in effect, it is much like Monopoly's 'Get-Out-of-Jail-Free' card- you may draw it, but you only get to use it once before it goes back into the deck.

[Decoligny]

Yeah, I've read that. And it seems to me that there is a conflict between the laws and their administration. On one hand, you have a blanket exemption for licenses to carry and on the other, you have a requirement to carry a concealable firearm in the manner pursuant to the form of license issued.

With agencies issuing under the presumption that they possess unlimited descretion for issuance (as well as revocation), those presenting their licenses to authorities to exploit the blanket exemption in Portantino's law will be at the mercy of the issuing agencies whims to enforce the legislatures tightened prohibitions on licensees.

Even before this question was raised and the applicable laws were even concieved, I had the answer. There is no exemption for licensees if the issuing agencies exercise unlimited descretion and the result is revocation.

I will concede, that you would have an exemption for so long as you hold the license- so in effect, it is much like Monopoly's 'Get-Out-of-Jail-Free' card- you may draw it, but you only get to use it once before it goes back into the deck.

And it is a major lawsuit waiting to happen. The sheriff revoking the license has to give the reason in writing. In this case the reason would basically read "License revoked because licensee was following the law as written."

[CitaDeL]

And it is a major lawsuit waiting to happen. The sheriff revoking the license has to give the reason in writing. In this case the reason would basically read "License revoked because licensee was following the law as written."

I disagree. Today, the letter I imagine would read as follows;

Being issued a license to carry comes with the responsibility to comply with policies set forth by state law and this office. Carrying a firearm in an exposed manner is contrary to state law and our philosophy. Therefore, your license to carry is revoked, effective immediately. Please return your license in the envelope enclosed.

The signifigance of a lawsuit is only proportional to the interest and funding to pursue it... so unless one is situated to respond forcefully to a revocation for no damn good reason, one shouldnt jeopardize the license by presenting it to a peace officer while not engaging in the licensed actions.

[taperxz]

I disagree. Today, the letter I imagine would read as follows;

Being issued a license to carry comes with the responsibility to comply with policies set forth by state law and this office. Carrying a firearm in an exposed manner is contrary to state law and our philosophy. Therefore, your license to carry is revoked, effective immediately. Please return your license in the envelope enclosed.

The signifigance of a lawsuit is only proportional to the interest and funding to pursue it... so unless one is situated to respond forcefully to a revocation for no damn good reason, one shouldnt jeopardize the license by presenting it to a peace officer while not engaging in the licensed actions.

Sorry, do you dream this stuff up? UOC is legal to those who have an LTC (period)

With your logic a hunter who has an LTC and is hunting or on his way to or from hunting would also have his/her license revoked for such and event. As you now, hunting is also and exemption for UOC.