California Open Carry Ban

This is a discussion on California Open Carry Ban within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Open Carry is the least of my worries when it comes to California's gun laws. I put my time and money into better issues, like ...

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Thread: California Open Carry Ban

  1. #16
    Member Array Dutch1951's Avatar
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    Open Carry is the least of my worries when it comes to California's gun laws. I put my time and money into better issues, like keeping what we have and repealing magazine laws. Besides, I don't like open carry laws, might was well carry a sign saying "shoot me first"...... just sayin.

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  3. #17
    Member Array Ionracas's Avatar
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    Quote Originally Posted by Dutch1951 View Post
    Open Carry is the least of my worries when it comes to California's gun laws. I put my time and money into better issues, like keeping what we have and repealing magazine laws. Besides, I don't like open carry laws, might was well carry a sign saying "shoot me first"...... just sayin.
    I dont OC but I think OC laws benefit CC. If for instance you lean forward and your gun becomes visible you dont have to worry about legal issues. Thats not to say there will be no calls made for a MWAG but at least if your legal you wont get in trouble
    mprp likes this.
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  4. #18
    Distinguished Member Array Arborigine's Avatar
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    Quote Originally Posted by Ionracas View Post
    At first I thought this was mostly sarcasm until I read the second sentence of mprp's post. Your telling me it was legal to carry but the mag had to be out of the gun? .
    Yup. You would do better with a hammer than what was legal O.C.
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  5. #19
    Member Array CPanther95's Avatar
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    If you're going to hang an unloaded gun on your hip, you may as well hang your wallet, keys, and any other tempting valuables you have on your person.

    At least with their draconian gun laws, they don't affect the rest of us like their wacky laws did to plasma TVs and many other products.

  6. #20
    Member Array Ionracas's Avatar
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    Wow. At least with a good tool belt, no one would freak out or ask questions
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  7. #21
    Member Array gator15's Avatar
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    Quote Originally Posted by mprp View Post
    Nope, may issue.
    Makes sense why open carry seems like such a big issue for them. Even with the mag separate from the gun, I think its better to have that than nothing at all. I really dont see the common sense in not allowing law abiding citizens to carry, just plain stupidity

  8. #22
    VIP Member Array mprp's Avatar
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    Quote Originally Posted by Ionracas View Post
    Wow. At least with a good tool belt, no one would freak out or ask questions
    In certain areas, attention would be drawn to them as a tool belt would indicate a job.
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  9. #23
    VIP Member Array mcp1810's Avatar
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    I think California is pretty much a lost cause until stuff works it's way through the courts. After the fourth circuit gets done with Maryland and their "good and substantial" requirement we can expect pushes for shall issue in the states that don't have it yet. Then the argument will go to if permits are required for all carry or only concealed. Depending on that outcome I think we will see a bunch of laws getting tossed out. I don't think California is changing until the courts force them to.
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  10. #24
    Senior Member Array sensei2's Avatar
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    Quote Originally Posted by nicklikesHK View Post
    Honestly, I feel its a lost cause, I was hoping someone was doing something so I could try to help, but since it is not coming back, I think I will move to Arizona. Been planning on it for a while now anyways
    i left California for Washington State in 1996. had to return from 2006-2010, but came back to WA early in 2011. i missed being armed, but i managed. nevertheless, i was very happy to be able to legally carry again.

    i think California is just hopeless for the foreseeable future, and not just for those of us who believe the 2A really means something. much of what they're doing is just ridiculous. San Francisco residents VOTED to ban handguns not all that long ago. and they elect their politicians just like the rest of us. it's not just the politicians - it's too many of the people.

    good luck.... i highly recommend moving to a better state.
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  11. #25
    Member Array Ionracas's Avatar
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    So which is worse as far as gun laws, California or Illinois? Im still learning here so go easy lol
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  12. #26
    VIP Member Array mprp's Avatar
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    Quote Originally Posted by Ionracas View Post
    So which is worse as far as gun laws, California or Illinois? Im still learning here so go easy lol
    IMO, California is better. At least you can CC here if you live in a county that basically "will issue." There are "will issue" counties, "may issue" and "won't issue" even though the state allows it. Another good thing is that the gunbuster sign doesn't carry the weight of law like in other states.

    The only thing that was useful back when OC was legal here was that I could strap on my Ruger .44 unloaded as a sidearm going hog hunting. I didn't care if it was loaded or not, it was just more convenient than packing it up in the vehicle like we have to do now if it's not on our CCW. (mine isn't) Other than that, Ca. OC was pretty much worthless.

    I'm not sure what the laws of IL. for rifles or handguns but the one here that bugs me the most is that it's illegal to purchase magazines with more than a 10 round capacity.

    And lastly, I am not for the feds regulating a nationwide reciprocity for CCW but I really wish that CA would allow out-of-state licenses to be honored here as some other states honor mine.
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  13. #27
    VIP Member Array blitzburgh's Avatar
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    Even before I became informed about the (lack of) gun rights in California, I've always felt like the state was another country.

    Sent from my palm device.. so please excuse any typos.
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  14. #28
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    Federal Lawsuit to Overturn California's 1967 Ban on Loaded Open Carry

    Quote Originally Posted by nicklikesHK View Post
    Is anyone working on repealing the CA Open Carry Ban? I am sure someone is, and would like to do my part to help. I hear the criminals shooting every night and sirens every night and I am tired of feeling defenseless when I step outside. There have been 12 break-ins within a 4 block radius of my house within the last month. In broad daylight when people were home. I am sick of this. If anyone has information on whose working on the repeal, please let me know.

    Thanks!
    I have a Federal lawsuit seeking to overturn California's 1967 ban on Loaded Open Carry. My website -> California Right To Carry

    My lawsuit is opposed by all of the so called gun-rights groups which think that somehow a ban on Loaded Open Carry means that the Federal Courts will make California "shall issue" when it comes to concealed carry permits. There is no precedent to support that argument anywhere on any topic, let alone one involving the Second Amendment. Courts will go out of there way to avoid a constitutional question. No Federal judge is going to invent a new form of jurisprudence just to please the NRA/CRPA/SAF/CalGuns.

    The NRA/CRPA and SAF/CalGuns both brought Federal separate lawsuits seeking shall-issue concealed carry permits in California and lost in Federal District Court. Both cases are now on appeal before the 9th Circuit Court of Appeals. Net lawyers should take note that the NRA/CRPA lawsuit explicitly failed to challenge ANY California statute. Their argument is that the 9th should make concealed carry shall issue in order to prevent the overturning of California's ban on Loaded Open Carry as well as the California Gun Free School Zone Act of 1995. The NRA/CRPA opening brief to the 9th says that would be "drastic."

    Something to keep in mind the next time the NRA/CRPA asks for money to fight California's Open Carry bans.

    Likewise, the SAF/CalGuns attorney (Alan Gura) spent so much time arguing that the US Supreme Court really didn't mean what it said in Heller about longstanding prohibitions on concealed carry and that California can ban Open Carry if it wants to, he forgot to state exactly what (if any) constitutional challenge he was bringing. The Federal District Court judge inferred a "Facial Challenge" and ruled against Gura. Facial challenges are almost impossible to win and since Gura did not raise what is known as an "As Applied" challenge at the trial court, he can't raise it at the Appellate Court.

    Gura's defenders say that is all part of his strategy. To win by losing. In the four years since the Heller decision the US Supreme Court has not heard a single case involving concealed carry, nor will they.

    Gene Hoffman, the Chairman of CalGuns, has been the most vocal critic of Open Carry in the State of California.

    My Federal lawsuit, on the other hand, is arguing that the US Supreme Court meant exactly what it said in both the Heller and McDonald decisions. I seek to overturn California's ban on openly carrying a loaded firearm and California's law against carrying a loaded firearm (openly or concealed) while travelling.

    Given that I have three US Supreme Court precedents and California Supreme Court precedents going back to 1891 saying that Open Carry is the lawful manner of carrying a firearm in public, I'm fairly confident of winning my case on Appeal when it reaches the 9th (stare decisis).

    The best that the NRA/CRPA/SAF/CalGuns can hope for is a remand back to the District courts for a do-over.

  15. #29
    Member Array CPanther95's Avatar
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    Quote Originally Posted by blitzburgh View Post
    Even before I became informed about the (lack of) gun rights in California, I've always felt like the state was another country.
    They aren't a different country, they're just a more evolved state than the rest of the Union. It gives us a glimpse of where things are heading when we allow our representatives to legislate away reason and common sense.

    For a glimpse even further into the future, see the movie "Idiocracy".

  16. #30
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    From everything I've read here & elsewhere I've come to the conclusion that California has some ridiculous gun laws.

    I've also come to the conclusion years ago that an unloaded handgun is just a hammer.
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