California Open Carry

My question involves criminal law for the state of: California

I just turned 18 and decided it might be worth trying to open carry my new pistol. I am in an unincorporated county that is for the most part gun friendly but i have no doubt in my mind that the sheriffs are going to get called out for a "man with a gun"

The plan is: Carry the handgun unloaded on my right hip while carrying 2 separate loaded magazines on my opposite hip. After reading about People v. Clark (which was also in my county) i assume that ill be ok to do this.

As far as registration and possession for the handgun goes, do i just need to fill out the DOJ report, transfer the gun into my name and ill be good to carry?

Iv been doing my research but i figure it would be best to get a lawyers point of view before actually trying this and getting my self arrested.

Note that while you can technically carry openly (provided your county or the city has no ordinance preventing this) you can also expect to be contacted by law enforcement frequently.

PC 12020(e) and (f):

(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.

So, you may get to know the local deputies quite well as you wander about. Not to mention that there might be some that give you an odd look, and others that might not allow you into their businesses.

Note, also, that if you get into any beef with someone and you gesture, point, or indicate towards your weapon in any way, you can go to jail for brandishing a firearm. Hopefully you're a friendly guy that no one ever has a problem with.

If you carry, it will have to be open ... it cannot be concealed in any way shape or form or you can be arrested. In other words, no jacket or shirt may cover the firearm.

WHY do you want to do this? Just because you can? Do you have enemies that you believe this will deter? This just seems more silly than anything else ... perhaps a factor of your being almost 18.


- Carl

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I just turned 18 and decided it might be worth trying to open carry my new pistol.

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To what end?

I dont have any enemies im a "everyones friend" kinda guy. Biggest reason to open carry is because of the mountain lions, bears, bob cats, etc out at my girl friends house. I understand i can carry out there with permission but i would rather just leave my house with it already on my hip. Im not trying to act out on my civil rights or anything like that its just comforting to be readily armed.

As for the LEOs, most of them are pretty cool so im not TOO worried about encounters. I actually had a talk with one about open carry. Basically said the same thing any other person would tell me, bad idea, going to get drawn on til in prone position, and/or might get shot. Once holstered though, it would not be coming out unless i knew my life/body was in immediate danger. I dont dress like a "teenager" i am well groomed and can keep my cool very well when dealing with officers so i would hope that would better my chances of not getting wrongfully arrested.

My biggest fear is getting my gun taken away and spending a year doing paperwork to get it back. I will be carrying the appropriate penal codes with me but i dont think thats enough for a cop to just let me go, i am prepared to sit there for a couple hours while they dig up all their sub sections.

One thing i am confused on is transferring the handguns title into my name. Currently its in my dads name and he "gifted" it to me. I know i can send in the DOJ report but will it apply to me since im only 18?

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Quoting thenewuser

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Im not trying to act out on my civil rights or anything like that its just comforting to be readily armed.

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And that attitude leads to "tombstone courage" and acts of stupidity. Instead of acting safely (checking surroundings, taking safe paths from the market, etc.), people with a gun often tend to think they are safe because they have a gun ... unless it is in your hand, it is rarely going to be of any good. If someone gets the drop on you, they are going to have you whether they are using a gun or a knife ... are you going to draw down on everyone who approaches? The first time you do that will be the last time, because you will go to jail.

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My biggest fear is getting my gun taken away and spending a year doing paperwork to get it back. I will be carrying the appropriate penal codes with me but i dont think thats enough for a cop to just let me go, i am prepared to sit there for a couple hours while they dig up all their sub sections.

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If the gun is not registered to you, if it is seized for any reason, they will not be able to return it to you until you have received a clearance from the CA DOJ.

As I said, get ready to be contacted by the police with some frequency ... not to mention the fact that there may well be people that will not want you in their business carrying a gun.

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One thing i am confused on is transferring the handguns title into my name. Currently its in my dads name and he "gifted" it to me. I know i can send in the DOJ report but will it apply to me since im only 18?

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Go to a local gun dealer - they have all the paperwork you will need for him to transfer it to you.

Note that you will not be able to carry it onto any school properties, and may not be able to carry it into local parks. You certainly will not be allowed to carry it into state or national parks or forests, and most government offices will seize it as well.

Personally, I hope you grow weary of carrying it soon enough ... I suspect it'll get boring after a while. Or, it'll get you in to more hassles than carrying it is worth.

- Carl

aww i didnt notice your signature... your a cop. that explains the "you shouldnt carry" attitude :p

Listen, i know its more trouble then its worth, but my intentions are not to roam around the streets with a gun and go trigger happy on anyone that walks up to me. Its strictly for when i go out into the boons. Only other place i could imagine OCing would be to run some money in to the gas station.

I am very aware how unfriendly CA is and i dont want to get arrested and go through the whole process of proving my innocence . However, i would feel more comfortable knowing that i CAN carry if i choose to (which would be mostly driving so no one would see it anyways.)

Which reminds me, PC 171e says anyone with ammo and a firearm on their person at the same time is classified as loaded. That only applys to public buildings right? I wouldnt get that pulled on me if i were driving or anything?

I'm a huge gun rights advocate.

Best advice available: Keep it at home.

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Quoting thenewuser

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My question involves criminal law for the state of: California

I just turned 18 and decided it might be worth trying to open carry my new pistol. I am in an unincorporated county that is for the most part gun friendly but i have no doubt in my mind that the sheriffs are going to get called out for a "man with a gun"

The plan is: Carry the handgun unloaded on my right hip while carrying 2 separate loaded magazines on my opposite hip. After reading about People v. Clark (which was also in my county) i assume that ill be ok to do this.

As far as registration and possession for the handgun goes, do i just need to fill out the DOJ report, transfer the gun into my name and ill be good to carry?

Iv been doing my research but i figure it would be best to get a lawyers point of view before actually trying this and getting my self arrested.

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If you are interested in Open Carry in California and want to know the "facts", then you should probably visit opencarry.org.

You can also download a good pamphlet that covers just about every penal code dealing with open carry.

http://opencarry.mywowbb.com/forum12/8457.html

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Quoting thenewuser

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aww i didnt notice your signature... your a cop. that explains the "you shouldnt carry" attitude :p

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I don't feel comfortable with anyone carrying a weapon who has not been properly trained, and who has such a cavalier attitude about the whole thing. I think you are going to find it more trouble than its worth.

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I am very aware how unfriendly CA is and i dont want to get arrested and go through the whole process of proving my innocence . However, i would feel more comfortable knowing that i CAN carry if i choose to (which would be mostly driving so no one would see it anyways.)

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You CAN, but you also give a green light to every cop that sees you to prone you out and inspect your weapon.

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Which reminds me, PC 171e says anyone with ammo and a firearm on their person at the same time is classified as loaded. That only applys to public buildings right? I wouldnt get that pulled on me if i were driving or anything?

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That section applies only to PC 171c and 171d as I recall (which involve state buildings).

Otherwise, the ammo must be touching the weapon to be loaded in most other instances.

- Carl

Quote:

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Quoting thenewuser

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aww i didnt notice your signature... your a cop. that explains the "you shouldnt carry" attitude :p

Listen, i know its more trouble then its worth, but my intentions are not to roam around the streets with a gun and go trigger happy on anyone that walks up to me. Its strictly for when i go out into the boons. Only other place i could imagine OCing would be to run some money in to the gas station.

I am very aware how unfriendly CA is and i dont want to get arrested and go through the whole process of proving my innocence . However, i would feel more comfortable knowing that i CAN carry if i choose to (which would be mostly driving so no one would see it anyways.)

Which reminds me, PC 171e says anyone with ammo and a firearm on their person at the same time is classified as loaded. That only applys to public buildings right? I wouldnt get that pulled on me if i were driving or anything?

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PC 171e only deals with PC 171c and PC 171d

PC 171c- No LOADED firearms in State Capitol, legislative offices, Governor’s or other constitutional officer’s office, or any Senate or Assembly committee hearing rooms or on State Capitol grounds, bound by 10th, L, 15th, and N Streets, Sacramento.

PC171d – Can’t carry/possess a LOADED firearm in the Governor’s, Legislator’s, or any other constitutional officer’s residences.

The definition of Loaded Firearm that applies to the normal law abiding citizen is PC12031(g) – For PC12031, Loaded firearm is defined as when there is an unexpended cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof ATTACHED TO THE FIREARM.

So unloaded firearm in a belt holster, and full magazine in magazine holder on belt (in plain view), and you should be legal.