Responsible Citizens of California

Handgun Unloaded Open carry may still be legal in CA after Jan 1

I'm no lawyer or English major, BUT from what I read in AB 144 it may still be legal for us to open carry in California after the bill takes affect.

By the wording of the bill (both the summary and the actual statutes) you would only be breaking the law if you are open carrying your handgun while in possession of ammunition capable of being used by that weapon.

By my reading this would mean that IF I were carrying my .45 1911 unloaded and open while I'm carrying 9mm ammunition with me and an "accomplice" were carrying their 9mm Barreta  unloaded and open while carrying my .45 ammunition, we would not be in violation of the law.

As hokey as this sounds, it could (with proper planning) be a tool of LEGAL civil disobedience to show the downfalls of this bill and have it removed from our law books. 

I would greatly appreciate if anybody could confirm/disprove my theory, Thanks.

 

-Matt

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Comment by Matthew O. on October 25, 2011 at 7:54pm

This is how I'm reading it, 

"The bill would, subject to exceptions, make it a misdemeanor to 
openly carry an unloaded handgun on the person or openly and exposed 
in a motor vehicle in specified public areas and would make it a 
misdemeanor with specified penalties to openly carry an exposed 
handgun in a public place or public street, as specified, if the 
person at the same time possesses ammunition capable of being 
discharged from the handgun, and the person is not in lawful 
possession of the handgun, as specified."

Comment by Mark Shtino on October 25, 2011 at 7:45pm
I re-read the bill and it only applies ammunition on the person to the type of crime to be charged with. the crime is a handgun openly carried, the statute does not differentiate if ammuniton is readily avaiable for the basic crime opf open carry
Comment by Matthew O. on October 24, 2011 at 9:44pm
Does anybody have any input here?

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