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  • torranceeric
    Member
    • Oct 2011
    • 263

    Open carry question

    I was about to go to my local indoor shooting range which is just a half mile from my house when I noticed my car had a flat tire. After jacking up the car, changing the tire and cleaning up, I wasn't in the mood to go. It got me thinking, could I have just attached my rifle to my sling and walked down to the range? I've sat here reading up on open carry and I'm still a bit confused.

    -So open carrying a long rifle (I have a Smith & Wesson M&P 15-22) is legal. I read even having a magazine in it is still legal, as long as it is not loaded.

    -Carrying loaded magazines in plain sight is legal. They can not be concealed.

    -Carrying ammo is legal.

    How would I go about walking to the range with all of this? I have 4 magazines. I usually bring a box of 375 rounds.

    Let's say, hypothetically, I carried my unloaded gun on a sling attached to me and had the 4 unloaded magazines in a clear plastic bag with the box of ammo. Is this a legal way to transport it all on foot?

    Lastly, I also have a MP5-22. Can my brother carry that? Or do the legal owner of the gun have to?

    Thanks guys. Appreciate the help in clarifying this.
  • #2
    DiscoBayJoe
    Senior Member
    • Jul 2008
    • 1320

    You'd need to mind the federal GFSZ around schools. You would need to avoid other sensative areas, such as federal buildings (post office, etc). You didn't say how old your brother is, but since they are long guns and he's in your presence, none of the other potential issues (such as HSC for loaned handguns) should apply. While a locked discrete case for the rifles would make the most sense, you technically could carry any of this any way you wanted.

    That being said, the legal open carry of evil black semi-auto long-rifles (rimfire or not) would most likley get you unwanted attention.
    sigpic Find me on IRC chat at irc.dal.net in room #CGT

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    • #3
      torranceeric
      Member
      • Oct 2011
      • 263

      Thanks for the reply. To the best of my knowledge, there are no schools within a 1000 foot area of the my home, the sidewalks to the range or the range itself. I looked at google maps and am familiar with the schools in my area and none are within less than a mile. There is one daycare center down the road from me, but it is not a K-12 school, so I'd like the definition of that.

      There is a post office maybe a half mile from my home, but I wouldn't be walking anywhere close by it. The 1000 foot rule only applies to GFSZ, correct? I read it as you are not allowed to enter a post office or federal building, nothing about the distance from them.

      Brother is of age.

      A locked case - would this not be a "concealed" weapon at that point? I had thought of putting the magazines and ammo in a locked case to carry it easier, but thought that might be "concealing" them.



      Originally posted by DiscoBayJoe
      You'd need to mind the federal GFSZ around schools. You would need to avoid other sensative areas, such as federal buildings (post office, etc). You didn't say how old your brother is, but since they are long guns and he's in your presence, none of the other potential issues (such as HSC for loaned handguns) should apply. While a locked discrete case for the rifles would make the most sense, you technically could carry any of this any way you wanted.

      That being said, the legal open carry of evil black semi-auto long-rifles (rimfire or not) would most likley get you unwanted attention.

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      • #4
        DiscoBayJoe
        Senior Member
        • Jul 2008
        • 1320

        Putting Ammo/Mags in a backpack would be just fine. "Concealing" the rifle would be just fine too.

        As strange as it sounds, the Concealed Carry Laws apply to "Concealable" guns (handguns, basically). You do not have to worry about concealment laws with Ammo or Long Guns. Legally, You could dress up like you are in the matrix and sling it under a big black trenchcoat if you wanted..... however, that unwanted attention I mentioned would potentially be even worse should you get stopped.

        as with anything, the rifle always has to be "unloaded". This means no bullet in the chamber and no loaded-mag in the rifle. The mags (in your hand, backpack, whatever) can contain rounds ("loaded mags") as long as they are not in the rifle. You could have an empty magazine in the rifle, but should you get stopped it would add another layer of tension to the encounter.
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        • #5
          torranceeric
          Member
          • Oct 2011
          • 263

          Well if I'm not breaking any laws, I have nothing to fear. What's legal is legal. Good info, thanks.


          Originally posted by DiscoBayJoe
          Putting Ammo/Mags in a backpack would be just fine. "Concealing" the rifle would be just fine too.

          As strange as it sounds, the Concealed Carry Laws apply to "Concealable" guns (handguns, basically). You do not have to worry about concealment laws with Ammo or Long Guns. Legally, You could dress up like you are in the matrix and sling it under a big black trenchcoat if you wanted..... however, that unwanted attention I mentioned would potentially be even worse should you get stopped.

          as with anything, the rifle always has to be "unloaded". This means no bullet in the chamber and no loaded-mag in the rifle. The mags (in your hand, backpack, whatever) can contain rounds ("loaded mags") as long as they are not in the rifle. You could have an empty magazine in the rifle, but should you get stopped it would add another layer of tension to the encounter.

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          • #6
            Samuelx
            Senior Member
            • Apr 2010
            • 1558

            Are your gun/mags/ammo just lying around unsecured in your car???

            If, say, your rifle was in a case and your mags/ammo in a backpack in the trunk of your car, you wouldn't have to worry about walking around town with everything exposed should your car break down...

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            • #7
              torranceeric
              Member
              • Oct 2011
              • 263

              No, I have a nice rifle case. I was confused if walking with it as such would be constituted as having a "concealed" weapon, while having it visible, strapped to my sling would be "unconcealed".

              Originally posted by Samuelx
              Are your gun/mags/ammo just lying around unsecured in your car???

              If, say, your rifle was in a case and your mags/ammo in a backpack in the trunk of your car, you wouldn't have to worry about walking around town with everything exposed should your car break down...

              Comment

              • #8
                Bodei
                Junior Member
                • Nov 2011
                • 59

                Originally posted by torranceeric
                Well if I'm not breaking any laws, I have nothing to fear. What's legal is legal. Good info, thanks.
                If you don't fear 8-10 black and whites converging on you with guns drawn, good for you!

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                • #9
                  torranceeric
                  Member
                  • Oct 2011
                  • 263

                  So I guess we should just abolish open carry altogether is what you're saying. Because having it and doing so is just foolish.

                  Originally posted by Bodei
                  If you don't fear 8-10 black and whites converging on you with guns drawn, good for you!

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                  • #10
                    Roddd
                    Member
                    • Apr 2011
                    • 348

                    I think what Bodei was saying was that if you're walking down a street and carrying an "evil black rifle", prepare to be hot stopped. Local LE will get a TON of calls about you.

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                    • #11
                      h0use
                      Calguns Addict
                      • Jul 2009
                      • 5783

                      Have a voice recorder with you at all times if your open carrying.

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                      • #12
                        Tallship
                        Senior Member
                        • Jan 2008
                        • 609

                        Just get a square, black rifle case, and put some music stickers on it. If someone sees you walking down the street with a square black case with music stickers, what's the first thing that going to come to mind? Guitar!
                        "We got too many gangsters doin' dirty deeds, too much corruption and crime in the streets. It's time the long arm of the law put a few more in the ground...."

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                        • #13
                          IrishJoe3
                          Veteran Member
                          • Feb 2009
                          • 3804

                          Please dont. Its possible to win the battle but lose the war. And just 'cause you can do something doesn't mean you should. Why do you think its now illegal to open carry? OC with a long arm will be no different.

                          If you DO have to walk to the range, put it in a non scary looking case so all the sheep dont have a heart attack and crash the 9-1-1 line in their panic.
                          Last edited by IrishJoe3; 12-01-2011, 10:10 AM.
                          Urban legends are a poor basis for making public policy.

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                          • #14
                            TrailerparkTrash
                            Veteran Member
                            • Oct 2005
                            • 4249

                            Originally posted by h0use
                            Have a voice recorder with you at all times if your open carrying.
                            Why? To me, it seems many "open carry" proponets here want to provoke the police from doing their jobs of protecting the public. As suggested, if the OP wants a ton of black and whites to show up with cops pointing their guns at his face, then carry an AW on your shoulder like a fool and prepare for the consequences.

                            Yes, I'm pro concealed carry for law abiding citizens, yes I'm pro law enforcement, but to come out with the mentality of drawing the police on you for an "open carry" cause in the manner suggested, is just foolish.

                            If I'm out in my neighborhood where my children are playing, do I want some guy walking down the street with an AW slung over his shoulder and magazines in his pocket???? Would I want the police to "jam" him???? Hell yeah I would. Afterall, the crazy nut job that shot up Virginia Tech "looked" like a "normal" person. The nut job that killed 70+ people in Norway months ago also looked like a "normal" clean cut citizen too. What if the cops were forced here not to check people out like that and the person with the gun now opens up on people in the neighborhood?

                            You see, here in America, we don't live in an atmosphere such as Israel. In Israel, citizens routinely carry Uzis and other AW's around wherever they go. That's the way their society and mindset is. It's accepted and mandatory behavior and protocol over there. Has been for decades now.

                            Here in the USA, that is considered "abnormal" behavior and it is definately not part of the daily routine or protocol of "Anytown, USA." Back to the original question from the OP, yes I believe that carrying your gun on your shoulder with a sling and 4 magazines in your hands or pockets would definately scare good people and get the police busy doing their jobs.

                            Do as someone else here suggested, at least put the darn gun in a sheath or gun case for goodness sake. Just because something is "legal," doesn't mean that you or any responsible person throw "common sense" out the freaking window.

                            I just hate it when good people suddenly want to become some type of "activist" and want to bait and goad the police for a cause. The way to win the cause is to do so at the voting both and campaign trail to the anti-gunners.

                            Originally posted by IrishJoe3
                            Please dont. Its possible to win the battle but lose the war. And just 'cause you can do something doesn't mean you should. Why do you think its now illegal to open carry? OC with a long arm will be no different.

                            If you DO have to walk to the range, put it in a non scary looking case so all the sheep dont have a heart attack and crash the 9-1-1 line in their panic.
                            I agree 110%! People here in the states do not understand "open carry." Yeah all of us CalGunners do and most NRA members do, but the other 230million Americans do NOT. A poor cop just trying to do the right thing probably doesn't understand it either and now has someone provoking the situation, recording it, bantering around and the cop may do something that is a lose-lose for both sides of the situation.

                            Again, use some "common sense" when it comes to the "open carry" issue here in Cali. Common sense is free and doesn't cost anything.
                            Last edited by TrailerparkTrash; 12-02-2011, 11:25 PM.
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                            • #15
                              Ron-Solo
                              In Memoriam
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                              • 8581

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