Posted: 1/1/2010 3:28:02 PM EDT
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OUC made some pretty big strides last year. At this point I think most cops are finally aware that it is generally legal (not a violation of 12025 or 12031). There is still some confusion about just what they can do during an E check though. Some of the training bulletins I've seen posted online wrongly state that the cops can demand ID and detain long enough to run the guns serial number to see if its stolen, and run the owner to see if he is a prohibited person. But I've seen some recent indications that the cops are getting better training in that regard though.
That said, be careful if you UOC. The cops are getting better firearm law training not related to 12031 & 12025 as well. Things like 626.9 GFSZ and such. I've heard one small agency is even going to publish a map with every K-12 1000' school zone marked for their officers in case of a UOC call. So watch oput for the schools zones. Especially those montessori pre-scool - K schools and the churches with K-8 schools. They count too. If you are withen 1000' of one or more of those you are screwed. Also be mindfull of county ornances and Municiple codes prohibiting firearms in parks and recreation areas. |
I guess I spoke to soon. Some cops clearly still have not got the memo so to speak 
http://opencarry.mywowbb.com/forum12/35998.html Guy just got arrested tonight for UOC in a coffee shop. If he was asked to leave and didnt arrest him for 602. If he refused to allow an E check hook him for 12031 or 148. But a charge of 12025 is not warranted for an unloaded gun carried openly in a holster! I'm wondering if maybe he had a concealed mag and they are arguing that equals a concealed gun per Hale? |
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Quoted: OUC made some pretty big strides last year. At this point I think most cops are finally aware that it is generally legal (not a violation of 12025 or 12031). There is still some confusion about just what they can do during an E check though. Some of the training bulletins I've seen posted online wrongly state that the cops can demand ID and detain long enough to run the guns serial number to see if its stolen, and run the owner to see if he is a prohibited person. But I've seen some recent indications that the cops are getting better training in that regard though. That said, be careful if you UOC. The cops are getting better firearm law training not related to 12031 & 12025 as well. Things like 626.9 GFSZ and such. I've heard one small agency is even going to publish a map with every K-12 1000' school zone marked for their officers in case of a UOC call. So watch oput for the schools zones. Especially those montessori pre-scool - K schools and the churches with K-8 schools. They count too. If you are withen 1000' of one or more of those you are screwed. Also be mindfull of county ornances and Municiple codes prohibiting firearms in parks and recreation areas. Awesome post, thanks for the info. I recall reading one someone's blog to 'chill out' with the UOC recently? Anyone know anything about that? |
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Quoted: Some of the "right people" at Calguns strongly recommend not doing UOC until after the MacDonald v. Chicago ruling comes down. Currently there is no RKBA in California. Yeah, that's what I was thinking of. I as hesitant to say this but, it feels weird not going out with my 1911 on my right hip. Doesn't feel right. Nothing about this state does. One day it'll change though. |
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Quoted: Quoted: Some of the "right people" at Calguns strongly recommend not doing UOC until after the MacDonald v. Chicago ruling comes down. Currently there is no RKBA in California. Yeah, that's what I was thinking of. I as hesitant to say this but, it feels weird not going out with my 1911 on my right hip. Doesn't feel right. Nothing about this state does. One day it'll change though. Hopefully it will change soon.  |
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I'm not a huge fan of open carry and given the urban gutter maggot to common decent civilian ratio, the notion of unloaded open carry makes me really uneasy.
It only takes a few of these idiots to get the message out that legal open carry must be done with an unloaded firearm before the word is out on easy to rob sources of a firearm. I already work in an environment where I put myself on display and make myself a target. When I'm off duty I do everything I can to try to blend in and remain low key. Yeah, I can understand the open carry movement and that it's a political game with carefully chosen demonstrations. At least there is power in numbers in combination with being in a sort of public spot light. I support the movement but good grief it is NOT for me and most definitely NOT my style. |
| Unfortunately, I have the feeling that it is going to be pretty rough for a lot of us in urban areas to get around that 1000' rule. I would expect that a very sharp attorney with deep pockets could make a good argument on equal protection grounds about that one. But I can't afford to be the poster boy on that one. |
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Quoted: Unfortunately, I have the feeling that it is going to be pretty rough for a lot of us in urban areas to get around that 1000' rule. I would expect that a very sharp attorney with deep pockets could make a good argument on equal protection grounds about that one. But I can't afford to be the poster boy on that one. I know what you mean. I live maybe 50 yards from a school, can't even carry while I'm taking my trash out in the shitty alley behind my apartment. Its frustrating to say the least. |
| So I have a question. What if you aren't a CA resident and you are open carrying and get stopped. When the officer runs your gun for it's watchlist registration status and gets nothing, what then? Are you going to jail? Let's hope the MacDonald case goes in our favor, the bill of rights can finally be enforced, and we get the legal ball rolling through the CA courts. |
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Quoted:
Unfortunately, I have the feeling that it is going to be pretty rough for a lot of us in urban areas to get around that 1000' rule. It is. Especially if you measure from the boundries of the school instead of the center of the school. 1000' as the crow flies is a pretty big area in an urban enviroment. Plus there are just so many private schools out there. Try and find a large strip mall that doesnt have a motassori or wee-kids kindergarten tucked away in there somewhere. When you start looking for them you will be surprised by how many there really are. Google earth is good for measuring but not very good for finding them. |
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Quoted:
So I have a question. What if you aren't a CA resident and you are open carrying and get stopped. When the officer runs your gun for it's watchlist registration status and gets nothing, what then? Are you going to jail? Let's hope the MacDonald case goes in our favor, the bill of rights can finally be enforced, and we get the legal ball rolling through the CA courts. Even if you are a CA resident there is a damn good chance that you might be carrying a pistol that isn't registered. It wasn't all that long ago that registration of pistols was started. When my Dad retired from his PD he passed on a few pistols to me. That transaction took place before registration and/or reporting transfers were required. |
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I assume you guys have seen this: http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=7202697&rss=rss-kgo-article-7202697 |
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Quoted:
So I have a question. What if you aren't a CA resident and you are open carrying and get stopped. When the officer runs your gun for it's watchlist registration status and gets nothing, what then? Are you going to jail? Let's hope the MacDonald case goes in our favor, the bill of rights can finally be enforced, and we get the legal ball rolling through the CA courts. Per penal code section 12031(e), a peace officer may inspect your gun to make sure it's unloaded, but that's IT. The only thing he's legally allowed to do is to take it from you, look in the chamber to confirm that there's no ammo, and then hand it back to you. He can't run your serial number unless he has probable cause –– and it's up to you not to give it to him. Theoretically you could be carrying a stolen firearm and the officer would never know. |
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Quoted:
I assume you guys have seen this: http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=7202697&rss=rss-kgo-article-7202697 Nice. "I don't see any Cowboys and Indians running around" ––dumbass |
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Quoted:
Sucks for me. My backyard chainlink fence is shared by an elementary school. Anyone know if that counts? As in- I cant UOC in my driveway? WTMFF. I think you can do whatever you want in your own back yard. Its your land, if you live in the county and are more than 50 yards from a residential structure and shoot into an embankment, you can shoot your firearms. I am also sure that you can carry a loaded weapon on your own property no matter city VS county, Just don't step off your land. please correct me if i am wrong 
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Just had a news article in Kern County regarding open carry last night. Was filled with obligatory sheeple comments from one of the concerned worry wart mothers in the park.
Local news did a typically horrible job with the report. Not sure if open carry demonstrations in California are going to make things better for the cause or worse. All depends on whether the station decides to pay more attention the sad pouty faced crybaby in the public. And yes, whoever was on TV(probably a member from here or Calguns) dropped the "Guns don't kill people, people kill people" token cliche. |