CA Officer posts interesting Facebook comments about Open Carry
- Thread starter Sefner
- Start date
I spend a lot of time in Georgia, and have yet to see anyone open carry. Not saying that you can't, just saying that even if you can, folks don't tend to do this. I like the option to open/conceal carry too. Just don't see myself doing much open carry. Seems to me that it could invite thugs to challenge you.
skans, Yes i agree with all of that... what piqued (is that a french word) my interest was the possibility of that negating the risk of being charged with a crime, or in this case "proned out" when the wind blows the ol' parrot and flower riddled Hawaiian shirt up in the parking lot of the local eatery.
Brent
Brent
HOLEY COW! I actually agree with Wagonman on something other than the XD.
I wish the places with open carry allowed in their law wouldn't make it borderline unsafe and silly-looking by using requirements for the OC'd firearm to be unloaded. That is just OCD, Open Carry Dumb (my opinion, no offense to those who choose to carry this way).
Seeing this thread did cause me pause the other night when i noticed the liquor store clerk (in MS) was wearing a tactical leg holster with a firearm in it, but hey, i would want one too at 5 minutes until close on a Saturday night given the location/vocation.
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Yeah That makes sense now! First it was oneounceload tellin' a thread starter in the shotgun section that I was right on the money (not that we usually disagree) then this...
Not that WM is any sort of bad guy or officer... just that he and I have really never seen eye to eye on most of the subjects we both post to.
Brent
Not that WM is any sort of bad guy or officer... just that he and I have really never seen eye to eye on most of the subjects we both post to.
Brent
Dern tootin'!
I think this is the only board I ever been on where the 2 of us can have such 180 degree out beliefs and opinions on so many individual issues in America and still maintain a civil discussion or debate. And I am glad to have found TFL. One day we will have to shake hands in person and see if we can tip a glass and talk in person! I bet the both of us have plenty to share from both sides of the street!
Thanks Rich L. for the opportunity for so many different walks of life to share opinions in a civil manner... Thanks to the mods that see that we do so!
Brent
bumpandrun said:
California's CCW permit system is a joke. Permits are tightly controlled by CLEOs to use as "rewards" for contributions, friendly gov't staffers, some reporters and well-connected types. The state laws prohibit carrying a loaded weapon in any incorporated city or where shooting is prohibited by law. In rural counties (less than 200K population) CLEOs may issue an open carry permit, but it is valid only in that those smaller rural counties.
Oddly enough, an unloaded firearm worn openly in a belt holster is not illegal. One subsection of the law [12031(e)] allows police to inspect the gun to ensure it is, in fact, unloaded. Of course this is fraught with peril because officers are trained that the public display of any gun is a potential felony threat to their safety.
.Skans said:
And this is precisely the point of the O.C. crowd. The law permits it and it is legal. Thus, the whole point is to exercise what little rights we have in CA and remain within the law. But California LEOs are not prepared for this, despite a number of bulletins from agencies around the state.
One questions whether 12031(e) is even constitutional. If the person is openly carrying an unloaded gun, it's a legal activity for which police cannot detain you. It's about like police stopping you because you're walking down the street openly carrying a 12-pack of Budweiser.
The legal aspects are that the officer may currently remove and check the weapon and if he finds that it is unloaded, return it to the person and cease the detention. They are not allowed to record the serial number and "run it", nor demand your ID and "check you out" before letting you go. Unfortunately LAPD and several other cities haven't gotten the word and are routinely violating people's rights with long detainments.
The OC movement is simply attempting to exercise their rights under the law. They are also safeguarding themselves by recording encounters to documente the abuses by LE officers. Even though something is legal, of police are abusive of their authority and can create an oppressive, fearful attitude, people will lose their rights.
One other fun thing about California carry laws. I spoke with an asst. D.A. a few years ago. I asked him to define what constitutes an "unconcealed" or "flashed" gun when one has a CCW permit. He hedged a bit and finally said that if any portion of the gun or holster is visible, it violates the terms of the CCW. Yet, when asked what makes it a "concealed" weapon if one has a gun on their belt, he said that anything covering part of the gun or holster to attempt to make it "less visible".
In other words, if the bottom 1/4 of your holster is visible, as a CCW holder, it's illegal because it is NOT concealed. But if you open carry and cover the upper 1/4, leaving 6" of holster exposed, it's illegal because it IS concealed.
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