Calif. Gov. signs bill banning open carrying of handguns

http://www.washingtonpost.com/national/calif-gov-signs-bill-banning-open-carrying-of-handguns/2011/10/10/gIQAsLHfZL_story.html ^ | 10/10/2011

[Smogger]

There are a a lot of posters from out of state babbling on here about something they know absolutely nothing about.

[Enterprise]

It is already against the law in Kaleefornia to carry a loaded gun in public.

California Penal Code 12031: (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

[Enterprise]

The supreme irony here is that yet again, while the liberals are literally letting tens of thousands of felons out of prison early, the right to bear arms is being infringed.

[drypowder]

The next phase in California gun ban laws is for the state tax payers to subsidize bullet proof clothing for those living in high crime areas, and elsewhere for that matter. Political appeasement of those who are too myopic to understand the benefit firearms provide for personal protection seems to rule the day.

[Enterprise]

There was a case recently in which the citizens complained to a Federal Judge that the law was too restrictive regarding the issuance of concealed weapons permits. The Judge responded that in California, they could openly carry an unloaded weapon and he dismissed the suit. So we’ll see what’s next!

[B Knotts]

With open carry, the state had at least some defense (albeit weak) to a constitutional challenge to its CCW system. Now, however, they do not, and the CCW system by itself is probably unconstitutional on several bases.

It fails on equal protection, for one thing. In some counties, depending on who the sheriff is, the system is effectively shall-issue. In others, only the elite are given permits. I think without an open-carry alternative, 2nd amendment rights is unable to be exercised for people in different jursidictions, similarly situated.

[catnipman]

“This may have the unintended effect of rendering California’s highly-restrictive and arbitrary CCW system unconstitutional.”

Yep. Now Kalifornia has outlawed both open carry and concealed carry, which means they’ve outlawed carrying guns all together. No Second Amendment at all in Kalifornia any more.

[LoneRangerMassachusetts]

The law, AB144, makes it a misdemeanor to carry an exposed and unloaded gun in a public place.

Is it OK if it's loaded? Would make sense to me.

[voicereason]

Well....just one more reason that I’m glad I don’t live in Kalifornia. Sadly, I use to live in Victorville back in the early 80’s, and it was a nice area with some great people.

[Enterprise]

See Post #22.

[semaj]

"Just to be flip: anyone who walks around brandishing an unloaded gun is just being an idgit anyways, aren’t they?"

Carrying a gun and brandishing a gun are two very distinct activities. One of them will get you into serious doodoo.

[jarwulf]

First step? You must be new to California right?

[Beckett08]

LOL Good Point - actually I am on my way out.

[Myrddin]

It's worse than that. A loaded magazine for a firearm that is not even in your possession is treated as a "loaded gun". I left CA for ID when it was obvious that being a gun owner made it necessary to be a walking encyclopedia of all the latest gun laws in CA. No thanks.

[TwilightDog]

“It’s worse than that. A loaded magazine for a firearm that is not even in your possession is treated as a “loaded gun”. I left CA for ID when it was obvious that being a gun owner made it necessary to be a walking encyclopedia of all the latest gun laws in CA. No thanks. “

I believe you are mistaken in this—fortunately:
http://wiki.calgunsfoundation.org/index.php/Defining_loaded_in_California

[Oceander]

Certainly, as I prefaced my remark with, I was being a bit flippant about it.

[Tolerance Sucks Rocks]

And in the Washington Post newsroom, champagne corks could be heard popping...

Nanny State PING!

[Myrddin]

Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.

Based on the above, a handgun in your possession with loose, live ammo in your pocket is "loaded". Per your citation, it appears a more "rational" interpretation has removed the definition of a "gun" as including only a part of a gun, thus making a loaded magazine no longer a "loaded gun".

[newzjunkey]

No open carry, loaded or unloaded. Near impossible to obtain concealed carry. I’m not a gun owner, but I can plainly see 2nd amendment rights have been effectively regulated out of existence in this state.

[elkfersupper]

The sooner California falls off the face of the earth, the better off the earth will be.

It's for the children.