Posted on 01/04/2012 7:09:13 AM PST by marktwain
Its now illegal for Californians to openly carry an unloaded handgun in a public place. The new law does not apply to unloaded long guns. As TTAG predicted, open carry advocates are there. A man showed up at a Daly City mall Monday with an unloaded shotgun strapped to his back and he wasnt arrested, sfexaminer.com reports with hyphenated astonishment. A security guard called police after spotting a man with a shotgun outside Serramonte Shopping Center about 9 a.m., before the mall opened for business, Daly City police Sgt. Michael Barton said. Responding cops located the man, but then released him after determining the shotgun was legally his and unloaded, Daly City police Sgt. Michael Barton said.
I wonder if it would be legal to carry shells on his person at the same time. I would think it would be. If I did that here in MA I would not get arrested, but I would bet my license would get yanked.
The shotgun protester should further his protest by suing for improper search and seizure.
If it’s legal to carry in this fashion, what probable cause did the police have to stop him and check him out?
How did they determine that the shotgun was legally his? Do you have to register shotguns in the Peoples Republic of California now?
When I lived in CA - and sometimes now when I travel to defense-free zones:
Anyone can carry a loaded handgun in open view if they are 21. No permit required.
never bring a cane to a gunfight
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Good question, one that I would like to see answered. When I bought my Mossberg a few years ago here in California, I had to go through a wait period before picking it up, and assumed authorities were keeping my data in a database somewhere. At the very least, a call to the store would confirm ownership as the store keeps records. However, it's not my only shotgun, not bought here, so how would they determine ownership? Just in case I visit that Daly City mall a couple miles away from me (just kidding on this part, I want to keep my guns).
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