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  • KaLiFORNIA
    Senior Member
    • Jan 2010
    • 1189

    Unloaded Open Carry q's

    I read its legal to unloaded open carry in CA except in school zones, gov buildings ect. is this true? Ive also read its legal to carry ammo at the same time, is this true? What if those rounds were in a mag, but not in the gun? Ive never understood how your suppose to defend yourself from some one with a gun if you cant carry yours? Thanks for any and all comments
  • #2
    alex00
    Senior Member
    • Apr 2006
    • 839

    Originally posted by KaLiFORNIA
    I read its legal to unloaded open carry in CA except in school zones, gov buildings ect. is this true? Ive also read its legal to carry ammo at the same time, is this true? What if those rounds were in a mag, but not in the gun? Ive never understood how your suppose to defend yourself from some one with a gun if you cant carry yours? Thanks for any and all comments
    Start here.

    Do a search in the 2A forum for open carry. It's complex, controversial, and not for everyone.

    Yes, it is legal. It is legal to have exposed magazines, or speed loaders in your pocket. Magazines must be exposed because court cases have ruled them to be an integral part of a firearm, that if concealed render the entire firearm concealed.

    I would recommend reading every Open Carry post on Calguns before you even think about doing it. Running out with an exposed handgun, and a general idea of what is legal is a recipe for disaster.

    Comment

    • #3
      KaLiFORNIA
      Senior Member
      • Jan 2010
      • 1189

      Thanks again guess I didnt search very hard

      Comment

      • #4
        BusBoy
        Senior Member
        • Dec 2009
        • 677

        Originally posted by alex00
        Start here.

        Do a search in the 2A forum for open carry. It's complex, controversial, and not for everyone.

        Yes, it is legal. It is legal to have exposed magazines, or speed loaders in your pocket. Magazines must be exposed because court cases have ruled them to be an integral part of a firearm, that if concealed render the entire firearm concealed.

        I would recommend reading every Open Carry post on Calguns before you even think about doing it. Running out with an exposed handgun, and a general idea of what is legal is a recipe for disaster.

        Pretty new member here and I just found the LEO part of this place... awesome discussion!

        Now I'd be careful with the in bold statement as I thought that the courts have ruled even partially concealed is concealed so no difference and big trouble. I have no idea how one would carry a magazine in ones pocket and NOT fall prey to partially concealed. Opinions??
        kcbrown -- 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. Consider very carefully what that means for your oath to uphold the Constitution.

        Comment

        • #5
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          Originally posted by BusBoy
          Now I'd be careful with the in bold statement as I thought that the courts have ruled even partially concealed is concealed so no difference and big trouble. I have no idea how one would carry a magazine in ones pocket and NOT fall prey to partially concealed. Opinions??
          re-read what he said. He did not say that it was ok to keep magazines in one's pocket. He said that magazines had to be kept exposed, that they weren't supposed to be concealed.
          Jack



          Do you want an AOW or C&R SBS/SBR in CA?

          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

          Comment

          • #6
            BusBoy
            Senior Member
            • Dec 2009
            • 677

            sorry I typed that wrong and twisted I guess...

            "or speed loaders in your pocket" Are speed loaders different when applied to being concealed?
            kcbrown -- 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. Consider very carefully what that means for your oath to uphold the Constitution.

            Comment

            • #7
              ke6guj
              Moderator
              CGN Contributor - Lifetime
              • Nov 2003
              • 23725

              yup, a speed loader is not part of the firearm. So, if it isn't part of a firearm, how can it be considered a concealed firearm?
              Jack



              Do you want an AOW or C&R SBS/SBR in CA?

              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

              Comment

              • #8
                BusBoy
                Senior Member
                • Dec 2009
                • 677

                I thought I had read that magazines and by my twisted logic speed loaders had to be carried on ones belt and in the open.
                kcbrown -- 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. Consider very carefully what that means for your oath to uphold the Constitution.

                Comment

                • #9
                  BusBoy
                  Senior Member
                  • Dec 2009
                  • 677

                  ah wait... i just got it... "part of the firearm" right?? duh. The speed loader doesnt stay with the pistol. gotcha! sorry about that!
                  kcbrown -- 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. Consider very carefully what that means for your oath to uphold the Constitution.

                  Comment

                  • #10
                    bearfanb
                    Junior Member
                    • Jul 2009
                    • 5

                    Technically it is legal to carry this way, but why would you want to attract this kind of attention? It is a possible way to end up with loaded guns pointed at you weilded by leos, who were called by the freaked out masses.
                    Last edited by retired; 02-12-2010, 8:14 PM.

                    Comment

                    • #11
                      BigDogatPlay
                      Calguns Addict
                      • Jun 2007
                      • 7362

                      If you decide to OC, bring a friend, know where each and every school zone is and have a good attorney on speed dial, just in case.
                      -- Rifle, Pistol, Shotgun

                      Not a lawyer, just a former LEO proud to have served.

                      Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

                      Comment

                      • #12
                        1911su16b870
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • Dec 2006
                        • 7654

                        Originally posted by BigDogatPlay
                        If you decide to OC, bring a friend, know where each and every school zone is and have a good attorney on speed dial, just in case.
                        ...or bring your attorney friend with you while OC-ing!

                        OC-ing until after the SCOTUS rules for incorporation. It is my opinion from following the OC movement posts here on calguns that the fit has hit the shan and I sincerely hope it doesn't kill OC via the legistature enacting last minute laws in CA as a result.
                        "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

                        NRA Endowment Life Member, CRPA Life Member
                        GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
                        Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
                        I instruct it if you shoot it.

                        Comment

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