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Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 5646
Experience:  28 Years In General Practice,
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California mam, Crime free and in the military if that

Customer Question

JA: What state are you in? It matters because laws vary by location.
Customer: California mam
JA: Has anything been filed or reported?
Customer: Crime free and in the military if that helps
JA: Anything else you want the lawyer to know before I connect you?
Customer: Um a resident of eldorado county and age of 22 with a hunters safety certificate
Submitted: 1 month ago.
Category: Legal
Expert:  Attorney2 replied 1 month ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

This is what I am seeing and I cannot tell what your actual question is.

Yes
JA: What state are you in? It matters because laws vary by location.
Customer: California mam
JA: Has anything been filed or reported?
Customer: Crime free and in the military if that helps
JA: Anything else you want the lawyer to know before I connect you?
Customer: Um a resident of eldorado county and age of 22 with a hunters safety certificate

Customer: replied 1 month ago.
I did not ask the qeustion yet I was giving general information. I wanted to know if I can open carry a hand gun if I live in eldorado county.
Expert:  Attorney2 replied 1 month ago.

Well I appreciate you telling me this because I didn't see a question and I thought I was missing something. You have no criminal background or mental health issues and you are inquiring if it is legal to open carry in Eldorado County. Is that correct?

Customer: replied 1 month ago.
Expert:  Attorney2 replied 1 month ago.

Open California is only allowed under the circumstances set out below. I see the State has been having issues with the Federal Government on firearms on Federal Land.

This links sets out all of the laws https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2016.pdf

"California does not specifically protect the right to bear arms in its state constitution, the way many other states do. And while the right to bear arms is nonetheless protected by the federal constitution, this does not mean that everyone may carry a gun, or that you may always carry a gun wherever you like.

A citizen or legal resident over the age of 18 may possess a handgun anywhere within his or her place of residence, business or other private property. (California Penal Code § 25605.) However, outside of these places, it is against the law to openly carry rifles, shotguns, or handguns in California (loaded or unloaded, except under certain circumstances). You may however carry a concealed weapon if you first obtain a concealed carry license. (California Penal Code § 25850, 26155.) For more information on permitting laws, see California Gun Laws.

The following sections explain who may not have a gun, and the circumstances or situations when carrying a gun is illegal.

People Who May Not Carry a Gun in California

In order to legally carry a concealed weapon in California, you must first obtain a license to carry a concealed weapon (CCW). The following individuals are prohibited from carrying a concealed weapon in California and will be denied the necessary license:

  • those lacking “good moral character,” and
  • people who cannot demonstrate “good cause” to carry a weapon.

(Cal. Penal Code § 26150.)

Situations or Circumstances Where Carrying a Gun is Illegal

The following rules govern when you may not carry a gun in California. Even if you have a concealed carry license, you may not carry your weapon:

  • in a school zone (except in specified circumstances) (California Penal Code § 626.9(b).)
  • in the State Capitol, legislative office, Governor’s office, or legislative hearing room. (California Penal Code § 171c.)
  • at a polling place (California Election Code § 18544(a).)
  • while picketing (California Penal Code § 17510(a).)
  • in the “Cal Expo” center in Sacramento (14 California Code Regs. § 4955.), or
  • in a public transit facility (California Penal Code 171.7.).

Your concealed carry license does permit you to carry your handgun into the following places:

  • in a public or governmental building, property, or meeting (California Penal Code § 171b.)
  • on land that is part of the California State Parks system (some exceptions exist for hunting) (14 California Code Regs. § 4313(a).)

Penalties for Gun Carry Violations

It is illegal to openly carry a handgun in California. Penalties include a fine of up to $1,000, up to one year in jail, or both. (Cal. Penal Code § 26350.)

It is also illegal to carry a concealed handgun without a concealed carry license. Penalties include a fine of up to $1,000, up to six months in jail, or both. (Cal. Penal Code § 25400(c)(7).)"

http://www.criminaldefenselawyer.com/resources/open-and-concealed-gun-carry-laws-california.htm

Expert:  Attorney2 replied 1 month ago.

You are still able to hunt, you just cannot open carry as set out above.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

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