California open carry law

[Goldwasher]

I dont know how to post links will someone plz....and tell me how also ....Google search "california open carry law"...theres a legit site that explains it alll much better than the Guys at the shop or the dad you talk to at boy scouts.....you can still carry loaded on public land exactly the same as pre january...as Hoser would say " and the truth shall set you free".......BTW California still the greatest state in the Union......

 

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[stefen]

What is Open Carry?

Open Carry (OC) refers to the act of carrying a firearm in plain sight.

Is Open Carry Legal in California?

Open carry of loaded firearms has been illegal in California since Governor Reagan banned it back in 1968. With the recent passage
and signing of AB 144 by Govenor Brown, Open Carry of unloaded handguns is no longer legal in most of California effective
Jan 1, 2012. As such, most of this FAQ was obsolete and has been deleted.

Is it true that carrying both a gun and ammo is legally considered loaded?

No. If one carries a firearm with the intent to commit a felony, then it is true. But for the typical law-abiding gun-owner, it is not true.
PC 12031 and People v. Clark are all that apply. For more information on the topic, read Defining Loaded in California.

Where can I legally Open Carry?

Loaded Open Carry is legal in your home, temporary residence or campsite (unless otherwise prohibited), place of business,
private property, and in areas of unicorporated territiry where shooting is not prohibited, including most areas within National Forest
and BLM lands. With AB 144 becoming law, Unloaded Open Carry of handguns is now illegal except where loaded open carry is legal,
and also in public lands (National Forests, BLM, etc.) where firearms are permitted.

Unloaded Open Carry is still legal for long guns (rifles and shotguns) anywhere except the following places:

schools and "school zones" (within 1000 feet of a K-12 school)
California State Parks
"federal facilities" within the National Parks (details)
US Post Offices and other federal buildings
any state or local public building or at any legislative meeting required to be open to the public
the State Capitol, legislative offices, office of the Governor, Governor’s residence, etc.
“sterile areas” (areas where access is controlled by security screening) of airports
areas restricted by local city or county ordinance, often including regional parks

What about rifles and shotguns?

PC 12025, which makes carrying a concealed handgun illegal, does not apply to long guns so they can be carried concealed
(in a vehicle, for example) or unconcealed. However all other laws apply (including PC 12031 which makes carrying loaded illegal
under most circumstances).

Update: The new Unloaded Open Carry ban (AB 144) does not apply to rilfes and shotguns.

 

[Goldwasher]

Thank you Sir, Thats the one......

 

[russau]

why would anyone in their right mind carry a UNLOADED hand gun??

 

[TerryC]

Open carry? The last time I walked the North Fork of the Stan, I told the rangers in the station at Arnold that I was going to be armed. They suggested that it would be a good idea because it was "cubbing" season. This was last spring. I will get back to the station to update this info. TTC

 

[TerryC]

NOTE: At 3:45 PM today (3-13-12) I talked to "Barbara" a ranger at the Hathaway Pines Station. She has not heard of any "ban" on open carry in the Stanislaus National Forest. It is illegal in a refuge. There is one on the east side of the north fork. Other than restrictions on discharge of a firearm, (she gave me a pamphlet) it is "open" for open carry in the forest here. TTC

 

[TerryC]

BTW, Pvillehunter. I would "lighten up" on my idea of CA if they would loosen up on their carry laws. I am an Arizonian because they don't try to make me ashamed to carry a firearm openly... just about anywhere! I was in a grocery store recently. Another shopper commented about the .357 I was carrying openly. Then she opened her bag to show me her firearm. She was 80 PLUS! Never in CA! (CA is an alright state) TTC

 

[63bkpkr]

Terry C,
My compliments to you for following up on this! I can understand your reasons for being in AZ. Where I usually backpack at, you know where the phone booth is, every now and then I see other folks with firearms and WE are ok with each other having firearms. The folks without firearms I'm not so sure about though I treat them all with the courtesy I would expect them to give to me. It's just that in CA right now the anti-firearms folks are spreading lies about firearms like they were the truth, what a shame our society has degenerated to this point again and it starts at the top of the dung heap with the current President of the U.S., the Democrats and then the Republicans. IMHO.

Happy hunting and carrying in AZ...........63bkpkr

 

[TerryC]

Hey 63! Tnx. I just had to pipe up because Stefen's post (above) seems to infer that the law has changed. It has not. It's still illegal where it was illegal but is also legal where it has been legal. Sorry, Stefen. If you can provide clarification... Please don't take this as a personal fight. I'm not from Mo... but you gotta show me. Hey 63, still carrying those 90 pound packs, you glutton?? TTC

 

[stefen]

Hey 63! Tnx. I just had to pipe up because Stefen's post (above) seems to infer that the law has changed. It has not. It's still illegal where it was illegal but is also legal where it has been legal. Sorry, Stefen. If you can provide clarification... Please don't take this as a personal fight. I'm not from Mo... but you gotta show me. Hey 63, still carrying those 90 pound packs, you glutton?? TTC

Please don't shoot the messenger...the post reflects the current status of Assembly Bill (AB-144) signed into law by Govenor Jerry Brown...

AB 144 pertains to California only and not to Arizona (or Mo)

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/10/10/BAHB1LFO8V.DTL

 

[TerryC]

Stefen my friend, This part of your post is the part that is unclear:
".......Is Open Carry Legal in California?

Open carry of loaded firearms has been illegal in California since Governor Reagan banned it back in 1968. With the recent passage
and signing of AB 144 by Govenor Brown, Open Carry of unloaded handguns is no longer legal in most of California effective
Jan 1, 2012. As such, most of this FAQ was obsolete and has been deleted........"
This infers that it has been illegal to "tote" in Natl. Forest lands since 1968. I am sure this is incorrect. Can you respond? Tnx. TTC
Note: As a Milwaukee Police (starting in 1970) I was aware that no law prohibited (at the time) of open carry of firearms. The chief simply had us arrest those toting for disturbing the piece.... whether we had to fabricate a complainant or not (the 70s were still wide open in Milwaukee).
Again...a simple clarification or not. I will continue to carry in the Stan NF. TTC

 

[stefen]

No, Open Carry is not Legal in California?

Open carry of loaded firearms has been illegal in California since Governor Reagan banned it back in 1968.
With the recent passage and signing of AB 144 by Govenor Brown, Open Carry of unloaded handguns is no
longer legal in most of California effective
Jan 1, 2012........."

AB 144 closed the gap between open carry of loaded firearms (small arms) by making it illegal to openly carry an unloaded firearm, as well...

This infers that it has been illegal to "tote" in Natl. Forest lands since 1968. I am sure this is incorrect.

California's AB 144 also includes "federal facilities" within the National Parks...it does not address toting a small arm in the National Forest...only the facilities which I assume includes camp grounds, administration and maintenance facilities, etc...

Hope that clarifies your concerns...

As it happens I openly carry a loaded side arm in a saddle holster (1911 ~ 45) whenever I ride in any open-space outside of the public view...when I come within view of the public, the gun is placed in my saddle bags...

I have been stopped on occassion and have never been questioned nor have comments been made...

Encountered a mountain lion (maybe 20 feet from the trail) a while ago and was glad I was armed...

Also was attacked by a pack of coyotes while night riding and again was glad I was armed...

So far I havn't had the need to use (discharge) the weapon...but will be thankful when the need arises...

 

[Gravel Hog]

Open Carry Law need not be applied to unicorporated territory where shooting is not prohibited, including most areas within National Forest and BLM lands.
This being where most of us mine and prospect so carry on as usual.

Very well can't sport a sidearm in downtown Oroville but you can indeed holster a loaded sidearm on your mining claim and should.

 

[Goodyguy]

What are the laws concerning concealed carry in California?

 

[stefen]

An excerp as follows best explains:

Carrying a Concealed Firearm in California
In about 40 of the states, any law-abiding citizen may carry a concealed firearm. In two of these, a license is not required; in the others (“Shall Issue” states) the weapon license, or permit, MUST be granted. Two states (Wisconsin and Illinois) have no provision for concealed carry (these may change shortly). The remaining few are known as “May Issue” states, and permits are frequently granted, or refused, at the discretion of Sheriffs, Police Chiefs or Judges (depending upon state law).

California is a “May Issue” state; the decision to grant a CCW (Carry a Concealed Weapon) Permit being granted (or refused) at the discretion of the County Sheriff or Police Chief. Some sheriffs/chiefs issue on a reasonable basis, others can be next to impossible to persuade. In otherword you need a permit to carry in California (Carry a Concealed Weapon)...

 

[hunter_46356]

Not trying to hijack your thread but.
I wouldn’t live in a state that would not allow me to protect myself, my family or anyone that may need the bad guy taken out of the picture.
I have carried a side arm since 1976 in Indiana. Hoosiers are some of the lucky ones in the U S as any law abiding citizen can carry if they are issued the permit. This permit allows the person to conceal carry as well as open carry. In my opinion and in the current environment I would never open carry in highly public area. I believe this is asking for problems. If one is open carrying a side arm in public you now have an added responsibility to deal with. You have to make sure some one doesn’t take your side arm and use it on oneself or others. If no one knows your carrying this should never come into play. With mentality of people today if your handgun was taken from you and used to assault others you may end up with some of the responsibility. I’d rather surprise the be-Jesus out of someone when they see holes developing in their chest if the first shot doesn’t render them unconscious. I was stopped just yesterday by a county police officer (doing a little more than the posted speed limit) It is the responsibility of the conceal carry permitee to acknowledge you have a weapon in your vehicle if stopped by an officer of the law. This was my first comment when he approached my truck and he responded “That’s fine Thank You letting me know just leave it where is and everything will be fine. I have many friends in law enforcement and they all are supportive of citizens ability to carry, you never know when they might need your help. When our government take this “right” away the poop will really hit the fan if it hasn’t already. I will give them all my ammo first…..right out the end of the barrel.

 

[TerryC]

Thank you for the response, Stefen. Just to end our discussion, I will openly tote up here in Calaveras County (Stan. NF) as long as the rangers in Hathaway pines keep telling me to "go for it". Tnx. Hunter: I recently became an AZ citizen (was FL {with concealed carry permit}) because the political climate is much more in tune with citizen's rights to carry. Read my upper post. The state, I am told, even asks for volunteers to help curtail the problems at the Mexican border. I recently bought a weapon at the "High Country" store in prescott. Even up there they arm themselves for both 4 legged and two legged "coyotes". (two-legged version is the definition of a human carrying drugs across the border). This is cattle country so the 4 legged variety don't have a ghost of a chance. I spend alot of time in CA so I must be carfull of how I bring firearms back and forth. Keep the faith, my friend. TTC

 

[Hoser John]

The constitution guarantees that I have the RIGHT TO BEARS ARMS and as such I will NOT change my ways. I don't carry in town but once out in the boonies where I need it, I will always carry till the constitution is changed,then I will BUT until then PACK when legal and the devil take the hindmost for the rest-John

 

[russau]

John i agree with you,but it seems a lot of people dont have enough backbone to stand up for their rights and know the laws that are pertantant to them, and end up getting B.S.ed by some mr.know-it-alls lies!

 

[greydigger]

As California is a "May Issue" state, does that Concealed Carry License come from the county Sherrif ?
And if given a license from a county Sherrif in the state apply to all counties in the state?
Grey