Posted on 05/11/2016 9:55:01 PM PDT by Mr. Mojo
Carrying a loaded gun without a license is illegal in California even if the weapon is tucked inside a backpack, the state Supreme Court ruled Monday.
In a unanimous ruling Monday, the court allowed prosecutors to charge a man with violating California’s open-carry law by carrying a loaded revolver that police said they found in his backpack.
The law makes it a misdemeanor, punishable by up to a year in jail, to carry a loaded gun “on the person or in a vehicle while in any public place.” It was passed nearly five decades ago to plug a hole in state firearms laws after members of the recently formed Black Panthers began conducting “cop watch” patrols of Oakland neighborhoods while openly carrying guns. At the time, state law did not prohibit the activity. About 30 armed Panthers showed up at the state Capitol in May 1967 to protest the pending legislation.
California also prohibits carrying a concealed handgun outside the home without a license issued by the police chief or the county sheriff, licenses that are unavailable in most populous areas of the state except to police and security guards. A federal appeals court is reviewing a constitutional challenge to that law.
(Excerpt) Read more at sfgate.com ...
Okay, preaching the the choir here... But it really irks me that we have such a blatant dismissal of constitutional rights in some states and cities.
When are the people of California going to over throw their unconstitutional government? What part of “shall not be infringed” is unclear?
Might want to read this:
http://blog.californiarighttocarry.org/?page_id=1575
Originally a three judge panel ruled 2 to 1 that California’s CCW law was unconstitutional (also Hawaii’s since the 9th Circus covers Hawaii too) in a 75 page extremely well-written opinion which should be used when the case goes to the SCOTUS.. Naturally our mulatto AG decided to appeal and now an eleven judge en-banc panel is “rehearing” the case. As you can see, they aren’t in a hurry. CA has 58 counties. You can get a CCW in about half of them, but you have to be a resident, so unless you want to move to the sticks, it’s almost impossible.
Gosh. I’d better make sure my licenses and permits for the rest of the Bill of Rights are in order.
It’s a disease, mainly brought about by the fundamental lack of education promulgated by the public schools, and elitist universities.
Too bad California is such a national nut house; they have gorgeous beaches and scenery and great weather, fresh produce and amazing women.
You could open carry unloaded here up until 2014... When they canned that it put them between rock and hard place as it denied all rights with the hardly ever issue for concealed here.
Took just under 2 years for a coworker to get approval in San Joaquin Co.
What it’s really used for now is to ass rape out of staters from liberal carry states. A project engineer I worked with was from Utah and when pulled over for doing 73 in a 70 zone was dumb enough to open his console to the CHP officer and show him when asked if he had any weapons in the car.
That cost $15,000 and 2 months of weekends at home to have the “wobbler”, which would have cost him his rights for 10 years, dropped.
We are planning a road trip across country to the East Coast including NJ and Manhattan and D.C. I will be looking at the laws in detail, but I’m guessing I’ll probably leave my pistol at home.
This years FT nationals trip will take us through part of Illinois, unless I detour to hit the sisters in Kentucky (match is in Michigan). I’ve always hauled powder burners along for the trip but I’ll have to read closely If I’m doing it this time...
Oh, and ironically, up until last year Michigan was the only state that considered an air rifle a firearm...
I recall years ago (1992??) there was a kid in NJ screwing around with a pellet gun - shooting at signs from his car. Some lady claimed she was shot but no wound. He went to jail for the mandatory sentence for a firearm (5 years??). The governor had the sense to pardon him after a few weeks/months in jail.
There was some guy last year(?) that was brought up on charges for shooting a paint ball or air soft gun in Central Park. Crazy!
That’s easy to understand. The first line in the California Constitution is When in doubt err on the side of criminals.
In Georgia, if you have a Weapons Carry License, you are not specifically required to inform LE if you have a gun in the car.
The instructor for my wife and daughters HG class (a LE himself) said his advice would be to say " none that you should be concerned about" when asked if there were weapons in the car.
I thought open carry in California was illegal period.
Even the Pre-Civil War SCOTUS declared the right to “keep and carry arms” a FUNDAMENTAL right of citizens of the USA.
Dred Scott vs Sanford.
What the SCOTUS thought about gun control in the pre Civil War era.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished;
and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs,
and to KEEP AND CARRY ARMS wherever they went.
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