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.
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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
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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
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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
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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.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
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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
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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.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)Comment
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.....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
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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 MadisonComment
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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.'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.
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
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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
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-- 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 MadisonComment
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