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Can I cross the road?

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  • cruxarche
    Junior Member
    • Dec 2011
    • 14

    Can I cross the road?

    I hunt a private property that spans both sides of a public road in an unincorporated county area. If I walk from one end of the property I will eventually encounter the public road and will need to cross it to continue hunting. Since it is unincorporated it seems that I am ok unloading my shotgun and carrying it across the road (without a case).

    I am having trouble figuring out if PENAL CODE SECTION 26350 (or any other law for that matter) prevents me from crossing the road if I am also carrying my S&W .40 on my person and not in a vehicle. Even if I unload it this code would appear to prohibit crossing the road. Am I misreading this?

    Thanks for any help.


    26350. (a) (1) A person is guilty of openly carrying an unloaded
    handgun when that person carries upon his or her person an exposed
    and unloaded handgun outside a vehicle while in or on any of the
    following:
    (A) A public place or public street in an incorporated city or
    city and county.
    (B) A public street in a prohibited area of an unincorporated area
    of a county or city and county.
    (C) A public place in a prohibited area of a county or city and
    county.
    (2) A person is guilty of openly carrying an unloaded handgun when
    that person carries an exposed and unloaded handgun inside or on a
    vehicle, whether or not on his or her person, while in or on any of
    the following:
    (A) A public place or public street in an incorporated city or
    city and county.
    (B) A public street in a prohibited area of an unincorporated area
    of a county or city and county.
    (C) A public place in a prohibited area of a county or city and
    county.
    (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.
    (c) (1) Nothing in this section shall preclude prosecution under
    Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing
    with Section 29900) of Division 9, Section 8100 or 8103 of the
    Welfare and Institutions Code, or any other law with a penalty
    greater than is set forth in this section.
    (2) The provisions of this section are cumulative and shall not be
    construed as restricting the application of any other law. However,
    an act or omission punishable in different ways by different
    provisions of law shall not be punished under more than one
    provision.
    (d) Notwithstanding the fact that the term "an unloaded handgun"
    is used in this section, each handgun shall constitute a distinct and
    separate offense under this section.
  • #2
    Untamed1972
    I need a LIFE!!
    • Mar 2009
    • 17579

    (A) A public place or public street in an incorporated city or
    city and county
    .
    (B) A public street in a prohibited area of an unincorporated area
    of a county or city and county.
    (C) A public place in a prohibited area of a county or city and
    county.
    As long as you are in a place where shooting is not prohibited then you're fine.

    Technically don't think you even need to unload just to cross the road.
    "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

    • #3
      a1c
      CGSSA Coordinator
      • Oct 2009
      • 9098

      You're fine. Just don't shoot across the road.
      WTB: French & Finnish firearms. WTS: raw honey, tumbled .45 ACP brass, stupid cat.

      Comment

      • #4
        Fjold
        I need a LIFE!!
        • Oct 2005
        • 22804

        Originally posted by a1c
        You're fine. Just don't shoot across the road.
        Or from on the road.
        Frank

        One rifle, one planet, Holland's 375




        Life Member NRA, CRPA and SAF

        Comment

        • #5
          cruxarche
          Junior Member
          • Dec 2011
          • 14

          Thanks for the comments guys. Can someone point out to me what I am missing. Is there an a specific exception I can rely on ?

          Thanks.

          Comment

          • #6
            Dutch3
            I need a LIFE!!
            • Oct 2010
            • 14181

            You are in an unincorporated area where the discharge of a firearm is not otherwise prohibited.

            But yes, don't shoot from the road or across it.
            Just taking up space in (what is no longer) the second-worst small town in California.

            Comment

            • #7
              CitaDeL
              Calguns Addict
              • May 2007
              • 5843

              Previous posters have it correct.
              /thread



              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

              Comment

              • #8
                cruxarche
                Junior Member
                • Dec 2011
                • 14

                I think I got it. Thanks.

                Comment

                • #9
                  JDay
                  I need a LIFE!!
                  • Nov 2008
                  • 19393

                  Originally posted by Untamed1972
                  Technically don't think you even need to unload just to cross the road.
                  You can loaded open carry in an unincorporated area unless there is a law to the contrary in that county.
                  Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

                  The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

                  Comment

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