Legal Loophole for Open Carry Gun Demonstrators

[naeco81]

If this wasn't obvious to CGFers, you probably shouldn't take legal advice from SOMEONE THAT TYPES IN ALL CAPS WITH THE ARTICULATION OF A 12 YEAR OLD.

[Oksana]

open carry is dead because fearful people like you rather sit home and talk about it on the internet instead of doing something about it.

I did do something about it. Like many CA guns owners I advocated for its restriction because I felt there was too much damage being done by those clowns. Next time try and look at the big picture.

[Dantedamean]

Honestly, I have my guard card and I was thinking king about drawing up a contract and having my friends sign it so I can legally be their body guards. Whenever I'm with them I can open carry. That's a better way to get around this dumb law.

[monkezuncle]

If we spent half as much time fighting these incredibly stupid laws as we do fighting with each other, something might actually get fixed, for once in this state.

[Librarian]

Goober.. you are incorrect..

26350 (a)(1) and (2) are part of the same statute.. The statute says that to have a firearm in public is a misdemeanor.. but what is the penalty that you incur for that misdemeanor... part (2) tells you the penalty for part (1).

It also gives you the exception of there being no misdemeanor penalty if you fall within the exception.. It is ridiculous to say "a misdemeanor is a crime" without knowing what the consequences of that crime are..

In fact, go ahead and look at any other Statute on any other subject.. the law will always tell you what the crime is (misdemeanor or felony) and will afterwords tell you what the penalty for that crime is..

Saying that part (1) is a misdemeanor with penalties (even tho those penalties aren't defined) and then saying part (2) is a Bigger Penalty (and that penalty is defined) as 2 different things is ridiculous..

Penal Code 19

19.
Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.

PC 26350 (b)(2)

(b) (1) Except as specified in paragraph (2), a violation of this
section is a misdemeanor.
(2) A violation of subparagraph (A) of paragraph (1) of
subdivision (a) is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment, if both of the
following conditions exist:
(A) The handgun and unexpended ammunition capable of being
discharged from that handgun are in the immediate possession of that
person.
(B) The person is not in lawful possession of that handgun.

says that if (b)(2)(A) and (b)(2)(B) are both true, the imprisonment is not up to 6 months, as would be expected from PC 19, but up to a year.

That kind of bad and worse punishment occurs several times in the Dangerous Weapons Control Laws - PC 25400, for example -

(c) Carrying a concealed firearm in violation of this section is
punishable as follows:
(1) If the person previously has been convicted of any felony, or
of any crime made punishable by a provision listed in Section 16580,
as a felony.
(2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.
(3) If the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
(5) If the person has been convicted of a crime against a person
or property, or of a narcotics or dangerous drug violation, by
imprisonment pursuant to subdivision (h) of Section 1170, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed one thousand dollars ($1,000), or by both that imprisonment
and fine.
(6) If both of the following conditions are met, by imprisonment
pursuant to subdivision (h) of Section 1170, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment:
(A) The pistol, revolver, or other firearm capable of being
concealed upon the person is loaded, or both it and the unexpended
ammunition capable of being discharged from it are in the immediate
possession of the person or readily accessible to that person.
(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106 as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.

25400(c)(6) even has approximately the same content as 26350(b)(2).

I strongly advise you to consult with your own attorney on the point before you act on your apprehension of the law.

[Tincon]

There is no "loophole". OP is wrong, at best. /thread

[RMP91]

Nice try, but I won't be tricked into losing my rights for life.

[asm_]

I have seen threads that are deleted, closed, censored in this forum when the discussion was dancing on the line of legality.

Why hasn't this thread been deleted? Is it because it is too far fetch that no one in the right mind would believe it?

[Findout]

I did do something about it. Like many CA guns owners I advocated for its restriction because I felt there was too much damage being done by those clowns. Next time try and look at the big picture.

Voting for a ban on this anti-gun clown... Anyone wanna second?

[njineermike]

Don't listen to people like this. OC was killed by power mongering elitist politicians, and those who use them. End of story

This.

[njineermike]

Voting for a ban on this anti-gun clown... Anyone wanna second?

Second

[1681]

Second

3rd, same goes for docfate..

let's get them off the farm...

[CitaDeL]

How about some real loopholes to 26350?

26363. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun as merchandise by a person who
is engaged in the business of manufacturing, importing,
wholesaling, repairing, or dealing in firearms and who is licensed
to engage in that business, or the authorized representative or
authorized agent of that person, while engaged in the lawful course
of the business.

26375. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by an authorized participant in,
or an authorized employee or agent of a supplier of firearms for,
a motion picture, television or video production, or entertainment
event, when the participant lawfully uses the handgun as part of
that production or event, as part of rehearsing or practicing for
participation in that production or event, or while the participant
or authorized employee or agent is at that production or event, or
rehearsal or practice for that production or event.

26366. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a licensed hunter while
engaged in hunting or while transporting that handgun when going
to or returning from that hunting expedition.

26368. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a member of an organization
chartered by the Congress of the United States or a nonprofit
mutual or public benefit corporation organized and recognized as
a nonprofit tax-exempt organization by the Internal Revenue
Service while on official parade duty or ceremonial occasions of
that organization or while rehearsing or practicing for official
parade duty or ceremonial occasions.

26375 is a particular favorite of mine, as those who were already carrying a video camera and posting to their YouTube accounts were in compliance and under this exemption even before the law was enacted.

[El Toro]

The moderators should get the banhammer out for this docfate guy - it looks like he pretty clearly edited out the one thing that would have put the law in its proper context and instead tried to bait people into doing jail time.

Yes they should.
Typical 5th column approach by a juvenile-anti. We've seen areal uptick in these. Some are more subtle such as Mr. AK Build party who was actually researching for his Mother Jones article. It wouldnt surprise me if we eventually see hardball, illegal systems attacks on this forum servers. The enemy is strong. This one was weak.

[Oksana]

If we spent half as much time fighting these incredibly stupid laws as we do fighting with each other, something might actually get fixed, for once in this state.

Ain't that the truth. I know several gun owners who've left this state yet actively promote more gun control here solely because of this board and what passes for CA gun owners. I'm beginning to think I should do the same once I'm gone. There are a lot of people here who just plain suck.