If you read the law you find for all practical purposes Open Carry is illegal in Kalifornia. The law says you can carry an unloaded gun. What's the purpose of carrying an unloaded gun?
Now case law (or so I have been informed in the classes I have taken) is that a handgun is considered loaded if you have ammunition for it anywhere on your body (or in a bag you are carrying).
So no, for all practical purposes you can not open carry in Kalifornia.
However, loaded mags or speed loaders carried separately from the firearm are not prohibited unless one is engaged in a felony crime (PC 12023). Otherwise possession of ammunition which is not in a position to be fired (People vs Clark) is not generally prohibited (excepting PC 171c - the state capitol grounds).
An unloaded openly carried holstered handgun with separate loaded mags (or one unloaded and lawfully concealed in a locked case or quick open safe in the car) is only seconds away from being loaded and is a bit more useful then one at home in the safe.
I'm not really talking about the law...
My understanding is there has been at least one case where the judge ruled that having ammunition on your body was having it "attached" to the gun.
Then we get into another law ( CA wiretap law/Privacy Act) The California wiretap act prohibits the recording of communications if one or more parties reasonably believe the communication is not being recorded or overheardrecording device
Citation please?
As for UOC (unloaded open carry) not being for everyone at this time in CA, I agree. But for those willing to stack the deck in their favor (recording device, friendly witnesses, OC brochures, knowing the law and knowing they are not in a prohibited zone etc...) there is the possibility for ground to be taken on the RKBA's front in CA. LEOs are being educated about the law and for those who fail to take notice there is civil court action to get their attention.
The Calguns Foundation and it's Calguns.net members have been active in supporting it's members who have decided to reclaim their rights under the law.
That's not a battle I am presently interested in fighting (I presently have a carry permit).
Personally I'd like to see it fought as unconstitutional to declare that the gun carried in open carry for sure and probably concealed, to be illegal. I have too little money and too little time to pursue that avenue on my own however.
I guess we have to start somewhere. However I'm not a fan of open carry and really see no purpose in open carry of an unloaded gun.
Fortunately, I'm happily ignorant of the California gun laws, and trust I won't ever have to know them.
But, as a former LEO (MI) myself I have to wonder, can't a credential-carrying off-duty LEO carry while off-duty in CA??
Fortunately, I'm happily ignorant of the California gun laws, and trust I won't ever have to know them.
But, as a former LEO (MI) myself I have to wonder, can't a credential-carrying off-duty LEO carry while off-duty in CA??
Next time I am in Kalifornia, I shall endeavor to follow your lead. I trust you can refer a decent 2A lawyer?
:yes4:
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