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I live in Fairfield, California. Am 56 yrs old, no criminal…

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I live in Fairfield, California...
I live in Fairfield, California. Am 56 yrs old, no criminal record. I've recently heard Ca. is an open carry state. Does this mean I can have an unloaded pistol in a holster on my right side ( in plain view), and loaded clips on the other side of my hip. I shoot in pistol competitions and have tried asking cops. They get an immediate attitude and wont give a straight answer. I do know legal way to transport, gun locked in a secure container in rear most portion of vechile, no trunk in SUV. Also I lock Ammo in front of vechile an NOT the glove box where registration is. I'm sure I cant go into any Bank,bar or Federal, State, County Offices like this.Crime here is so bad local convience store got bobbed at gun point and its next door to a Police Sub station with cameras every where. I dont feel safe, cant move due to job. Also how do I find out if this City has any stricter Ordinances. Trying to retire and get outta here with NO criminal record. Thank You
Submitted: 8 years ago.Category: Legal
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Answered in 5 minutes by:
6/27/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


Just to confirm, you are inquiring about a license to open-carry a weapon, correct?





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Customer reply replied 8 years ago
From what I think I know open carry state means I dont need a liscence to carry as long as it is not conceled. Also weapon must be legally registared to me which they are. In California you need a liscence to carry only conceled weapons im pretty sure.
Lawyer: Ely, Counselor at Law replied 8 years ago
In CA, you may NOT carry it openly. You need a Carry Concealed Weapon CCW license, for which you can apply by contacting your nearest county's Sheriff's Office. But that's not all. Except in extremely limited circumstances, you may not carry a concealed firearm on your person in public unless you have a valid CCW license. (PC Sections 12025-12031, 12050-12054).Finally, you MAY transport it in a vehicle, but it must be in a "locked container." California Penal Code section 12025.

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Edited by Eli on 6/27/2010 at 7:00 PM EST
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Customer reply replied 8 years ago
I know all about 12025,12031. And the exceptions in 12025.5 There is currently cases pendending in Calif. about open carry. I dont know about 12050-12054. Do they spell out can not carry a weapon in this manner. My father had a concelled carry permit threw the state since 1963 till he passed away. This city doesnt give out but 6 in a year,
Lawyer: Ely, Counselor at Law replied 8 years ago
Correct, but until that case is finished and IF it is successful, the state remains as is, I am sorry to say. :\
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Customer reply replied 8 years ago
And as is, is I will be arrested. So what does Open Carry mean.. I can carry the unloaded weapon in plain sight as long as I leave the ammo at home?
Lawyer: Ely, Counselor at Law replied 8 years ago
Incorrect, you may only carry it in a holster and CONCEALED. You may NOT carry it open.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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Customer reply replied 8 years ago
PC 12025, prohibits conceled carry unless I have a conceled carry permit, Pc12031 prohibits loaded weapon. Was caught 14yrs ago luckly got case dismissed. Dont want to go threw all that again.
Lawyer: Ely, Counselor at Law replied 8 years ago
Correct, so you don't do either unless you have a license. See my first answer, or better yet, let me re-paste it for you:In CA, you may NOT carry it openly. You need a Carry Concealed Weapon CCW license, for which you can apply by contacting your nearest county's Sheriff's Office. But that's not all. Except in extremely limited circumstances, you may not carry a concealed firearm on your person in public unless you have a valid CCW license. (PC Sections 12025-12031, 12050-12054).



Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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Customer reply replied 8 years ago

I guess what I really need here is which PC section says I can NOT carry an unloaded weapon in plain site, in a holster. I have not had to read up on it in a long time.

Lawyer: Ely, Counselor at Law replied 8 years ago
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.
(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are
authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on
any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer
to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
(f) As used in this section, "prohibited area" means any place where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or
shell in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip
thereof attached to the firearm.
(h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or
any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a
loaded firearm within the person's place of business, or any person in lawful possession of private property from having a
loaded firearm on that property.
(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her
place of residence, including any temporary residence or campsite.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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Lawyer: Ely, Counselor at Law replied 8 years ago
I'm afraid that is as close as it gets, but if you carry an open firearm in CA, the police will take it away and/or arrest you for public disturbance.
Ely
Ely, Counselor at Law
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Customer reply replied 8 years ago
As I said in the begining. I DO understand 12025,12025.5,12031. My question is carrying an UNLOADED weapon in public in plain site. ha ha ha BUT you are right im sure they would find some other reason like public distubance.. Like arresting someone for resisting arrest with no other charge. Hell yeah id resist being arrested for no reason. Wouldnt you.. I guess i will do further research on 12050-12054 at the library. I took a peak last year they have added ALOT of new gun Laws in last 14yrs.Thank You for your help. Guess i'll carry a good heavy CANE.. LOL
Lawyer: Ely, Counselor at Law replied 8 years ago
"Walk softly and carry a Big Stick."Yes, they will even though the law is not direct.
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