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California Open Carry?
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Message:
LOADED OPEN CARRY is limited to areas of unincorporated territory where firearms discharge isn’t illegal.
UNLOADED OPEN CARRY (Firearm in belt holster, full magazine in holder on belt) by a law abiding individual is legal anywhere a firearm is not otherwise prohibited by law or by PC 171e definition of a loaded firearm.
NOTE: Be aware some localities have ordinances against firearm carry, they are preempted by CA law and case law, but you may still be detained.
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PC171b – Can’t bring any firearm into state or local public buildings or to any meeting that is required to be open to the public.
c – 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.
d – Can’t carry/possess a LOADED firearm in the Governor’s, Legislator’s, or any other constitutional officer’s residences.
e – LOADED firearm for 171c and 171d is defined as: both the firearm and the ammunition for that firearm are in the immediate possession of the same person.
NOTE: Go with a friend who carries a different caliber handgun; openly carry each others magazines. You’ll comply with 171c and 171d.
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PC171.5 – Bringing a firearm into a “STERILE AREA” of an Airport is a misdemeanor. A Sterile Area is an area where access is controlled through the screening of persons and property.
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PC374c – Shooting a firearm from or upon a public road or highway is a misdemeanor.
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PC626.9 – No open carry within 1000 feet of a K-12 school – FELONY OFFENSE.
(i) – Can’t carry on public/private University property without written permission from University President or a designated representative.
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PC626.95 – Unloaded Open Carry is legal upon the grounds of a playground, or public or private youth center, unless you are violating PC417 (Brandishing), PC12025 (Concealed Weapon), or PC12031 (Loaded Firearm).
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PC12001(j) – LOADED firearm FOR PC12023 is defined as both a firearm and ammunition for that firearm in immediate possession of same person.
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Other instances of Gun + Ammo = Loaded
PC12021.5. – Deals with street gang crimes as listed in PC 186.22.
PC12022.2 – Deals with armor piercing ammo.
PC12023 – Deals with intent to commit a felony.
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PC12025 – Deals with CONCEALED firearms.
(f) – Firearms carried openly in belt holsters are NOT CONCEALED within the meaning of this section.
NOTE: Case Law (People v. Hale 1974) regards a concealed magazine as the equivalent of a concealed firearm; it’s an “essential component of the firearm”. A full magazine in a holder on a belt should be the same as a firearm carried openly in a belt holster. A speed loader isn’t part of a firearm; you can carry a speed loader concealed in your pocket without worry of prosecution.
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PC12026(a) – Permits concealed or open carry in your residence, on your property or at your place of business.
(b) – No permit required to purchase/own firearms.
(c) – PC 12026 does not affect PC12031.
PC12026.1 + 12026.2 – List of exemptions to PC12025 laws on concealed firearms.
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PC12031 – Can’t carry a LOADED firearm in an incorporated city or in a prohibited area of unincorporated territory without a LTC.
(e) – Police are allowed to check if your firearm is loaded ONLY IF in an incorporated city or prohibited area of an unincorporated territory.
(f) – Prohibited area is defined as anywhere that discharging a firearm is illegal.
(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.
NOTE: CASE LAW (People v. Clark, 1996) CA Court of Appeals states for a firearm to be loaded it must have ammunition “placed into a position from which it can be fired”.
(j)(1) – You can carry a loaded firearm, if otherwise lawful, if you reasonably believe that you or another, or your property or another’s property are in immediate, grave danger and carrying the weapon is necessary for preservation of that person or property. "Immediate" means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance.
(k) – You can carry a loaded firearm while making or attempting to make a lawful arrest.
NOTE: For PC12031(e) to be a valid statute, open carry of unloaded firearms must be a legal action. If a full magazine of ammunition is openly carried in a holder on the belt, but not attached to the firearm in any way, the firearm is by definition unloaded as the ammunition is in no way attached to the firearm.
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California Code of Regulations
Title 14, Div 3, Chap 1
Section 4313 - Carry of firearms in State Parks is generally prohibited.
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OPEN CARRY IN VEHICLES: CA Penal Code contains nothing making unloaded open carry in a vehicle illegal. PC374c does however make all public roads or highways “prohibited areas” as defined in PC12031(f) so Loaded Open Carry is prohibited by law. PC626.9 also applies if you are open carrying while knowingly within 1000 feet of a school zone.
FEDERAL STATUTES
A commonly misapplied law is U.S.C. 18.1.44.926. Many LEOs wrongly see this as a requirement, as the only way to legally carry a firearm in a vehicle. This is an entitlement clause providing an exemption from prosecution under State, County, or Local firearms laws IF you CHOOSE TO carry in accordance with this section while traveling interstate. If you choose not to carry as explained in this section, you can only be prosecuted if you violate specific State, County, or Local laws.
U.S. CODE Title 18, Part 1, Chap 44
§ 926A. Interstate transportation of firearms.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
§ 930. Possession of firearms and dangerous weapons in Federal facilities.
Can’t carry a firearm/weapon into any building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
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CODE OF FEDERAL REGULATIONS
Title 36, Vol 1, Section 2.4 – Carry of firearms in National Parks is generally prohibited.
NOTE: Dept of the Interior plans on mirroring State Park laws in the near future.
Title 39, Vol 1, Section 232.1 (l) - No person while on postal property may carry firearms, either openly or concealed except for official purposes.
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National Forest and BLM: Firearms are generally permitted, if carried/used in safe manner, and the users comply with state and county laws. However, different forests and ranger districts sometimes have different rules. It would be best to contact a local ranger station before carrying.
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Any Thoughts
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