Random Discussions on California’s Open Carry Law – Penal Code 1025 and 12031
Saturday, February 6th, 2010 at 2:26 PMTags: CaliforniaConcealed Carry LawsGun LawsGun RightsOpen CarryPolice Departments
Random Discussions on California’s Open Carry Law – Penal Code 1025 and 12031
Note: There is no plan by Open Carry Organizations to entrap law enforcement. Just to safely exercise the right to Open Carry in California.
Unofficial California Law Enforcement Open Carry Discussions
AmmoLand Gun News
Sacramento Ca --(AmmoLand.com)- We received this by email with no further explanation but it gives a great inside look at California Open Carry law.
Read the Document Above and the text below to see what fears and concerns regular police officers face with regards to open carry in California.
It is also a good primer for those considering Open Carry in California of the consequences and possible out comes of open carry encounters with police.
Thank you for your inquiry. This is a very in depth topic and hopefully I can give you the information you are looking for.
My references for my answers are found in Penal Code 1025 and 12031. Both are relatively lengthy sections so I will try to synopsize them for you.
In a nutshell, you are allowed to openly (NOT concealed by a shirt or jacket, etc) a firearm. You are also allowed to carry a loaded magazine on your person (NOT in your gun) at the same time (12031 (g).
The gun itself CANNOT have a live round in the chamber. Provided you ARE the registered owner of the gun AND you have not been convicted of a felony, or been convicted of a crime against a person (assault of some type) or property or of a narcotics or dangerous drug or have served time (10231 (2)(E)), you may openly carry a firearm.
I would advise you to please read both sections thoroughly and contact your attorney for further clarification if needed. I can only assume what your intent to carry a firearm is. But, I want to make it clear that you understand our position as a law enforcement agency.
Though we recognize the Penal Code allows a person to carry a firearm legally, the law also allows us to take pro-active measure to insure our safety and the safety of the public.
For that reason, it would NOT be deemed unreasonable for an officer who is responding to a call of an armed subject or if the officer suddenly discovered an armed subject (whether or not the subject may have a firearm in their hands at the time of contact) to draw their firearm and point their loaded weapon at the subject until they are able determine who the subject is and their intentions.
This scenario has occurred more times than I can count. It can be an extremely volatile situation as the officer may perceive it to be a life or death situation. I only mention this to not sway you from your rights to carry a firearm, but to better inform you of the realities of our job and for you to weigh the risks versus benefits of carrying a firearm in public.
I hope this information has helped you.
Distributed to you by - AmmoLand.com – The Shooting Sports News source.
Actually, the handgun need not be registered if possessed before registration started in California – further, handguns may be loaned to others in California, therefore even if registered, it need not be registered to the carrier; further, visitors to California are exempt from registration.
Thank you Mike Stollenwerk.
That comment about must be registered was a red flag for me. The statutes has no sayings what so ever on registration for 12031. It good you set the record straight. I wish more were in here commenting. The fact that so far only two have commented is the same reason California gun laws are ridiculous. Little to no opposition to the legislation. The night is still young. More will come and tear apart that registration misnomer. That e-mail letter is a directly inciting infringement on law abiding citizens practice the law. Double standard at its best. You freedom loving, 2A endorsing, and Open Carriers of this state, I welcome you to glorious discrimination. Those in history who were harmed and killed for ethnic reasons have fought for theirs. Now how will you fight for yours are will you just take and and love it.
So does the search clause count as a terry stop? If the officer is questioning you for no other reason than you are open carrying, then it sounds like even if the law allows the officer to check the firearm, that it would be an illegal warrant-less search.