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  • rdubya
    Member
    • Oct 2009
    • 145

    open carry

    I just retired last month and while talking to a friend at the range he brought up a question I was unable to answer. I am legal to carry concealed in the state of California, he asked if I was able to legally carry open (loaded). My first thought was why would I want to but then I thought I don't know. With out going into the open carry without identifiers visible, scaring the sheep to death, and all the assorted ramifications it would cause I just could not give him an answer. My ID states CCW and the box yes is checked so does that mean only ccw? Any thoughts.
  • #2
    1911su16b870
    CGN/CGSSA Contributor
    CGN Contributor
    • Dec 2006
    • 7654

    If you are retired LEO with a CA CCW you can carry concealed, but that would not allow you to carry "plain-clothes" open. I hope others will chime in here.
    "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

    • #3
      KevH
      Senior Member
      • Oct 2005
      • 722

      Pretty sure it needs to be concealed. Why would you want to carry openly anyway?

      Comment

      • #4
        alex00
        Senior Member
        • Apr 2006
        • 839

        California doesn't prohibit open carry. Open carry is specifically mentioned in PC 12025, as an exemption to carrying concealed. Retired peace officers are exempt from PC 12031, allowing them to carry loaded firearms in public. There is no mention in 12031 that retired officers must carry the firearm concealed. It may not be the wisest thing to do, but from an enforcement point of view, an open carrier carrying loaded would be in violation of 12031. Retired officers are exempt from 12031. Bear in mind that the LEOSA only applies when the firearm is concealed, if that plays any part of your carrying protection.

        Department policy may restrict you to carrying concealed. If you violate policy, even as a retired officer, you may be subject to revocation of your CCW ability, both locally and under LEOSA.

        Comment

        • #5
          rdubya
          Member
          • Oct 2009
          • 145

          I stated in my original question, that I wondered why anyone would want to carry open. I worked UC for over 25 years I am quite content keeping my business to myself. It was just a question that I didn't have an answer to and was trying to see if there was one. The thought of doing it, especially in Calif, does not appeal to me in the least.

          Comment

          • #6
            alex00
            Senior Member
            • Apr 2006
            • 839

            Originally posted by rdubya
            I stated in my original question, that I wondered why anyone would want to carry open. I worked UC for over 25 years I am quite content keeping my business to myself. It was just a question that I didn't have an answer to and was trying to see if there was one. The thought of doing it, especially in Calif, does not appeal to me in the least.
            I could tell from your OP that was the case. As a thought experiment, yes it appears perfectly legal for you to carry a loaded weapon openly.

            Comment

            • #7
              ap3572001
              Calguns Addict
              • Jun 2007
              • 6039

              My department policy says: ...When not in uniform: NO OPEN CARRY IN PUBLIC.

              They DO NOT SAY how far we have to go to keep the pistol out of plain view.

              In the summer I just wear a T shirt over my Glock 23. Sure , if You really look , You may see that there is SOMETHING there.

              But it is not in plain view. (Its not an open carry)
              Last edited by ap3572001; 06-04-2010, 9:11 AM.

              Comment

              • #8
                alex00
                Senior Member
                • Apr 2006
                • 839

                Originally posted by ap3572001
                My department policy says: ...When not in uniform: NO OPEN CARRY IN PUBLIC.

                They DO NOT SAY how far we have to go to keep the pistol out of plain view.

                In the summer I just wear a T shirt over my Glock 23. Sure , if You really look , You may see that there is SOMETHING there.

                But it is not in plain view. (Its not an open carry)
                Does this apply to on-duty detectives as well, or just when you are off duty? My Department's orders are that if the gun is visible, the metal badge must be worn adjacent to the gun. It doesn't make a distinction between on or off duty.

                Comment

                • #9
                  ap3572001
                  Calguns Addict
                  • Jun 2007
                  • 6039

                  Originally posted by alex00
                  Does this apply to on-duty detectives as well, or just when you are off duty? My Department's orders are that if the gun is visible, the metal badge must be worn adjacent to the gun. It doesn't make a distinction between on or off duty.
                  .....They mean, out of uniform and NOT WORKING. For example, I CAN NOT go to my local Starbucks or Safeway on my RDO iwth a pistol and a badge on my side. This WILL be against the policy. '

                  I DO NOT HAVE A RIGHT FOR OPEN CARRY OFF DUTY.

                  Comment

                  • #10
                    BigDogatPlay
                    Calguns Addict
                    • Jun 2007
                    • 7362

                    Policy will dictate at the end of the day. If the issuing agency's policy is no open carry when not in uniform I'd think the retiree authorized to carry by that agency would not be able to generally open carry without some level of risk to his privilege. Certainly loaded open carry where it's otherwise permitted (out in the woods, hunting, etc.) would be king's X and no sweat.

                    It's a very interesting question, although I too subscribe to the "no one needs to know my business" mindset as a general rule.
                    -- 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

                    • #11
                      ap3572001
                      Calguns Addict
                      • Jun 2007
                      • 6039

                      Originally posted by BigDogatPlay
                      Policy will dictate at the end of the day. If the issuing agency's policy is no open carry when not in uniform I'd think the retiree authorized to carry by that agency would not be able to generally open carry without some level of risk to his privilege. Certainly loaded open carry where it's otherwise permitted (out in the woods, hunting, etc.) would be king's X and no sweat.

                      It's a very interesting question, although I too subscribe to the "no one needs to know my business" mindset as a general rule.
                      My department makes it simple. When NOT on duty or retired You can carry a pistol ( with at least one reload) with a department ID ( badge is an option) as long as its not in plain view.'
                      Now. They do not ask You to hide it to the point that people around will not think that You MAY have a gun. As I said, I don't really worry when off duty , that someone MAY think I am armed.





                      As long as the weapon was not in plain view, Its ok.

                      My department is clearly against off duty/open carry.
                      Last edited by ap3572001; 06-04-2010, 12:30 PM.

                      Comment

                      • #12
                        MAVERICK
                        Junior Member
                        • Jun 2005
                        • 55

                        While off duty carrying concealed, has anyone ever had a LEO notice that you were carrying? Have you ever been detained and asked for ID.

                        Comment

                        • #13
                          ap3572001
                          Calguns Addict
                          • Jun 2007
                          • 6039

                          Originally posted by MAVERICK
                          While off duty carrying concealed, has anyone ever had a LEO notice that you were carrying? Have you ever been detained and asked for ID.
                          Not yet . In 17 years.

                          Comment

                          • #14
                            alex00
                            Senior Member
                            • Apr 2006
                            • 839

                            Originally posted by MAVERICK
                            While off duty carrying concealed, has anyone ever had a LEO notice that you were carrying? Have you ever been detained and asked for ID.
                            I never have, either. I've also never gotten a call for service about someone concealed carrying that wasn't related to some other issue (fighting, DV, etc.) and most, if not all, of those calls were false anyway.

                            Comment

                            • #15
                              BigDogatPlay
                              Calguns Addict
                              • Jun 2007
                              • 7362

                              Originally posted by MAVERICK
                              While off duty carrying concealed, has anyone ever had a LEO notice that you were carrying? Have you ever been detained and asked for ID.
                              Never was, and if an on duty LEO did notice, they didn't say.
                              -- 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

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