What is up with California?

This is a discussion on What is up with California? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Rivers A loaded magazine not inserted into a firing position in a firearm does not make the firearm loaded, according to judicial ...

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Thread: What is up with California?

  1. #31
    Distinguished Member Array PastorPack's Avatar
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    Quote Originally Posted by Rivers View Post
    A loaded magazine not inserted into a firing position in a firearm does not make the firearm loaded, according to judicial definition in CA. As in any state, you can find LEO who either don't know the law or simply want to make their own, and there have been cases of what you described. Those cases were either not pursued by the DA or resulted in major smack-downs by the judge to the DA for making up law.

    Loaded open carry is legal in CA in counties with populations less than 200K. That covers rural areas dominated by ranches and farms. There are other restrictions like school zones, etc. But it is not completely illegal as you state.

    As anywhere, it is always best to speak with local LE to confirm what the pertinent law is.
    Thanks, Rivers, you beat me to it. I would also add that OC may also result in a LEO encounter. Legally, they can ask check to ensure that your gun is unloaded.
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  3. #32
    VIP Member Array searcher 45's Avatar
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    Stay out of CA it might fall into the ocean and get a clean up soon.
    NOT LIVING IN FEAR, JUST READY!!!
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  4. #33
    Member Array Rivers's Avatar
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    Quote Originally Posted by n3ss View Post
    Im not sure the majority of Californians want to be able to conceal carry? I'd imagine if there was enough they'd attempt to make it happen via initiative?
    The CA legislators are dominated by the liberal voting blocs from LA and SF. That makes legislative solutions impossible for now. Since they have enacted so many laws that are Constitutionally-flawed, many (including CCW, roster, etc.) are already in the courts. Those cases are on hold pending the current SCOTUS decision to be announced. As CA is not a RKBA state, that decision will heavily impact our laws and courts. This is way faster and cheaper than the initiative process.

  5. #34
    Member Array Rivers's Avatar
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    Quote Originally Posted by PastorPack View Post
    Thanks, Rivers, you beat me to it. I would also add that OC may also result in a LEO encounter. Legally, they can ask check to ensure that your gun is unloaded.
    That would be UOC, unloaded open carry, a semi-popular resistance movement challenging the legal opening. I referred to loaded open carry as a rancher would do. On his own property is no issue but LOC is legal in sparsely populated counties to allow ranchers, etc. To drive on public roads to town, etc. Ranchers can have big pockets with resulting political clout.

  6. #35
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    Quote Originally Posted by can2boy View Post
    hey AAAAAArnooooddddd wake up!!!!!! maybe you should check out your percentage on murders, carjacks, robberies, etc...... compare to Vermont, Texas, Arizona and all the other 48 states that trusts their good law abiding citizens......to carry a gun to protect themselves and their love ones.
    HA - fat chance. Arnold is just another RINO (Republican In Name Only) that needs to be broomed out of office immediately, if not sooner. I'll take a Democrat over a back-stabbing RINO any day. At least you know what you're getting.
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  7. #36
    Member Array glock45's Avatar
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    I like commiefornia but all those restrictions are an incentive to go anywhere else but....

  8. #37
    VIP Member Array wmhawth's Avatar
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    Quote Originally Posted by searcher 45 View Post
    Stay out of CA it might fall into the ocean and get a clean up soon.
    Might just break off and "tip over and capsize".

  9. #38
    Senior Member Array boatail's Avatar
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    Quote Originally Posted by deadhawg View Post
    The California coast is beautiful and worth the visit. CA 1, the Pacific Coast Highway, between Santa Barbara and Monterey is one of my all time favorite rides.

    But, as you have found, California does not honor any other state's carry permits. You can have your pistol with you, but unloaded, ammo separate, locked in the trunk. Once you get to your motel or campground, you can have it loaded and ready in your room or campsite. No magazines over 10 rounds allowed though.

    Don't let the California bashers stop you from visiting. Sure, some of the gun laws suck, and yes, we are granola land, with lots of fruits, nuts and flakes, but lots of scenic beauty too. And, California needs all the tourist dollars it can get!
    Whats the difference,( really ), between your room, campsite or your vehicle/self? Come on, the Gov. in that state is totally whacked and getting worse. There are plenty of other beautiful places in this country to go and spend our money other than California. I'm sorry California, but there it is in a nutshell, get rid of those CRAZY politicians you guys keep electing there. Wake up! you're broke, nobody here wants to go there, your greatest saving grace ( the winter crop ) is about to go extinct because of some worthless minnows that would be extinct if left to the wise hand of nature. If not, they sure don't need your crazy minds to save them.
    Time to wake up and smell the coffee, oops, that's probably frowned upon too, isn't it?
    In your defense, California is one of the most beautiful places in this country, I'll admit. But I still won't go there any more.

  10. #39
    Member Array Rivers's Avatar
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    Quote Originally Posted by boatail View Post
    Whats the difference,( really ), between your room, campsite or your vehicle/self? Come on, the Gov. in that state is totally whacked and getting worse. There are plenty of other beautiful places in this country to go and spend our money other than California. I'm sorry California, but there it is in a nutshell, get rid of those CRAZY politicians you guys keep electing there. Wake up! you're broke, nobody here wants to go there, your greatest saving grace ( the winter crop ) is about to go extinct because of some worthless minnows that would be extinct if left to the wise hand of nature. If not, they sure don't need your crazy minds to save them.
    Time to wake up and smell the coffee, oops, that's probably frowned upon too, isn't it?
    In your defense, California is one of the most beautiful places in this country, I'll admit. But I still won't go there any more.
    In all fairness, the anti-CA rant is seriously misdirected. Anyone reading these forums most assuredly did not vote for the liberal idiots that are currently running CA. Please focus the rant into a forum that actually has readers who voted those jerks into office.

    Generally speaking, gun enthusiasts from CA who remain in CA should be commended for sticking out the fight against Sacramento's anti-gun bias. Whether you (US citizens outside of CA) like it or not, CA and its laws, for better or worse, do influence the rest of the nation. Look at microstamping, for example. If it wasn't for the really smart guys in the pro-gun legal fight here, that law would have actually made a difference that we'd have to overturn in court, a costly time-consuming gamble. But the law is now written so it's more of a non-issue. Think of having an inevitable battle. Our side got the prize defined to something that was worthless, then lost a battle that we knew we couldn't win because of the liberal lawmakers. We lost something that was worthless. Yes, a win would have been a moral victory but we took what we could get. Without our fight and the issues raised in CA, how many other states would have enacted that stupid law? We hope to keep the lawmakers in check while getting the courts to overturn their previous efforts due to Constitutional issues thanks to the recent and upcoming SCOTUS decisions.

  11. #40
    Senior Member Array Rob P.'s Avatar
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    Quote Originally Posted by REVMAN View Post
    I didn't leave anything in Ca when I was out there in boot camp over 32 yrs ago so no need for me to go back to look for anything!
    Unfortunately while you didn't "leave" anything when you departed our fine State, you DID "take" something with you. They're called memories of good times and we're currently in short supply of those. We'd like the ones you have back in the same condition as when you took them.

    Some "misinformation" on the open carry of firearms in this thread too. You can openly carry and UNLOADED firearm inside "incorporated" areas in a BELT HOLSTER. You CAN have a loaded magazine/speed strip on your person while you do so. Do not go into "restricted zones" like courthouses or within 1000 ft of a school while doing so.

    You can carry a LOADED firearm in an "UNincorporated" area (State/County land) so long as it is in a belt holster. This does NOT apply to National or State PARKS except in your campsite. You still cannot go into "restricted zones" AND/OR you cannot go into any area where the discharge of a firearm is prohibited while the weapon is loaded (but you can unload it and go there unless it's a "restricted zone").

    You can have your firearm in the car with you so long as it is empty and locked up. A COM safe cabled to the seat is FINE (but DO NOT put the weapon in the console or glove box). You can still have the magazine on your person while driving. Alternatively you can lock the weapon up in the trunk (unloaded) but you don't need a separate locked box while doing so (soft gun case is fine here).

    We had tons of rain this spring and the wildflowers are blooming big time. The grey whales are migrating north and there are lots of dolphins and other critters to see along the beaches. Come and enjoy nature's show.

  12. #41
    Member Array Rivers's Avatar
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    Good job, Rob!

    But I have to admit that holstering is not nearly as fun or interesting as Mexican carry. I guess we can always ask Plaxico how that worked for him.

    I'd caution that any open carry in CA might bring unwanted attention. Personally, I'd refrain until the courts start slamming the existing laws and CA starts moving back to sanity. Like they say in The X-Files, "you have to believe."

  13. #42
    Distinguished Member Array REVMAN's Avatar
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    Rob....you're right....I did have some good memories during my 9 week stay in your state.

    Some good info in your post.
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  14. #43
    Senior Member Array CEW58's Avatar
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    Quote Originally Posted by Rivers View Post
    The simplest way is a COM locking box. Put your unloaded pistol or revolver inside. Your loaded magazines or speedloaders can also go inside the COM box. Then lock it. The box can then stay inside the vehicle trunk or passenger compartment.

    CA does not consider the glove box or center console as qualifying locking compartments for storage of firearms.

    As long as your pistol does not have magazines with a capacity of exceeding 10 rounds (10 plus 1 total), you're good.

    Remember, unlike about 40 other states, CA does NOT have RKBA in its state constitution. When SCOTUS renders its decision on MacDonald vs. Chicago, CA will immediately feel the effects, unlike states like TX, FL and VA which already have their stuff together. Seems in 1850, CA didn't want the Mexicans to have guns. Some things really haven't changed....
    Last summer I took a road trip to San Diego. Prior to going I wrote to the California Bureau of Firearms to make absolutely sure I would not be in violation of the law there. It was my understanding based on the letter they sent me that my magazines had to be unloaded. Did I misread something or has it changed since last summer?

    BTW I liked San Diego, what little I got to see of it. The people seemed friendler than most residents of larger cities.

    Noticed some funky smell going through El Centro, got sandblasted by high winds near Yuma, but all in all a good trip!
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  15. #44
    Distinguished Member Array maxwell's Avatar
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    Stay away, go some where else.
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  16. #45
    Senior Member Array Moga's Avatar
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    Quote Originally Posted by deadhawg View Post
    Don't let the California bashers stop you from visiting. Sure, some of the gun laws suck...
    SOME of them? *****. Now that's a knee slapper.
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