Firearms Carry - Revision history

Sysop at 17:30, 25 September 2022

2022-09-25T17:30:07Z

Sysop at 01:56, 27 June 2022

2022-06-27T01:56:16Z

Sysop at 03:51, 26 June 2022

2022-06-26T03:51:31Z

← Older revision		Revision as of 03:51, 26 June 2022
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	Penal Code section 25655 says:		Penal Code section 25655 says:

	Section 25400 does not apply to, or affect, the carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is authorized to carry that weapon in a concealed manner pursuant to Chapter 4 (commencing with Section 26150).		Section 25400 does not apply to, or affect, the carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is authorized to carry that weapon in a concealed manner pursuant to Chapter 4 (commencing with Section 26150).

			Penal Code section 26010 says:

			Section 25850 does not apply to the carrying of any handgun by any person as authorized pursuant to Chapter 4 (commencing with Section 26150) of Division 5.

	Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.		Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.

Sysop at 03:48, 26 June 2022

2022-06-26T03:48:28Z

← Older revision		Revision as of 03:48, 26 June 2022
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			Licensed concealed carry

			Penal Code section 25655 says:

			Section 25400 does not apply to, or affect, the carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is authorized to carry that weapon in a concealed manner pursuant to Chapter 4 (commencing with Section 26150).

	Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.		Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.

Sysop at 00:13, 26 June 2022

2022-06-26T00:13:47Z

← Older revision		Revision as of 00:13, 26 June 2022
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			The r/caguns firearms carry megathread.

			In California, the laws about conceal carry apply to firearms with a barrel length of less than 16 inches. A firearm with a barrel length of more than sixteen inches is not legally considered concealable.

			Concealed carry is when a firearm is concealed on a person, or concealed within a vehicle.

			Unlicensed concealed carry

			Unlicensed concealed carry, regardless of whether the firearm is loaded, is a crime under [Penal Code section 25400] in California. In most circumstances, it's a misdemeanor, but in some cases, it can be charged as a felony.




	Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.		Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.

Sysop at 23:49, 22 May 2022

2022-05-22T23:49:41Z

← Older revision		Revision as of 23:49, 22 May 2022
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	[https://scholar.google.com/scholar_case?case=14025920730716632238 People v. Melton (1988) 206 Cal.App.3d 580]		[https://scholar.google.com/scholar_case?case=14025920730716632238 People v. Melton (1988) 206 Cal.App.3d 580]

			[https://scholar.google.com/scholar_case?case=15079192557634527279 People v. Marotta (1981) 128 Cal.App.3d Supp. 1]

	==Public==		==Public==

Sysop at 23:47, 22 May 2022

2022-05-22T23:47:56Z

← Older revision		Revision as of 23:47, 22 May 2022
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	People v. Zonver (1982) 132 Cal.App.3d Supp. 1		People v. Zonver (1982) 132 Cal.App.3d Supp. 1

			[https://scholar.google.com/scholar_case?case=14025920730716632238 People v. Melton (1988) 206 Cal.App.3d 580]

Sysop at 23:31, 22 May 2022

2022-05-22T23:31:35Z

← Older revision		Revision as of 23:31, 22 May 2022
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	::::(2) A public place or a public street in a prohibited area of an unincorporated area of a county.		::::(2) A public place or a public street in a prohibited area of an unincorporated area of a county.

			==Cases about public places and carrying==


			People v. Overturf (1976) 64 Cal.App.3d Supp. 1

			"‘Carrying’ and ‘having’ are not synonymous. ‘Having’ relates to an ‘act or state of possessing,’ Webster's New International Dictionary, Second Edition, 1145, while ‘carrying’ refers to the ‘act or instance of **772 carrying’ and the verb ‘carry’ in relevant definition connotes ‘to convey, or transport . . .’; and ‘to transfer from one place . . . to another.’ (Id. at p. 412.)"

			"There is a distinct difference in the two concepts. Speaking generally in the context of statutes concerned with firearms, ‘carry’ or ‘carrying’ has been said to be used in the sense of holding or bearing arms. (In re Bergen (1923) 61 Cal.App. 226, 228, 214 P. 521; People v. Smith (1946) 72 Cal.App.2d Supp. 875, 878, 164 P.2d 857.)2 We think that ‘having,’ as it appears in subdivisions (f) and (j) of section 12031, is to be read in the sense of ‘owning, possessing, or keeping,’ "

			People v. Zonver (1982) 132 Cal.App.3d Supp. 1



	==Public==		==Public==

Sysop at 03:38, 6 August 2020

2020-08-06T03:38:28Z

Show changes

Sysop at 19:32, 2 August 2020

2020-08-02T19:32:36Z

← Older revision		Revision as of 19:32, 2 August 2020
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	Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.		Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.

	''UNLICENSED CONCEALED CARRY''		'''UNLICENSED CONCEALED CARRY'''

	California [Penal Code section 25400](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25400.&lawCode=PEN) prohibits unlicensed concealed carry:		California [Penal Code section 25400](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25400.&lawCode=PEN) prohibits unlicensed concealed carry:
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	::(a) A person is guilty of carrying a concealed firearm when the person does any of the following:		::(a) A person is guilty of carrying a concealed firearm when the person does any of the following:

	::(1) ''Carries concealed within any vehicle that is under the person’s control or direction any pistol'', revolver, or other firearm capable of being concealed upon the person.		::(1) '''Carries concealed within any vehicle that is under the person’s control or direction any pistol''', revolver, or other firearm capable of being concealed upon the person.

	::(2) ''Carries concealed upon the person any pistol'', revolver, or other firearm capable of being concealed upon the person.		::(2) '''Carries concealed upon the person any pistol''', revolver, or other firearm capable of being concealed upon the person.

	::(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.		::(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

	::(b) ''A firearm carried openly in a belt holster is not concealed within the meaning of this section''.		::(b) '''A firearm carried openly in a belt holster is not concealed within the meaning of this section'''.

	Note that for unlicensed carry, it doesn't matter whether you're in an incorporated city or not; it's just illegal without a license, unless some legal exception such as residence, place of business, or the locked container in a car, applies.		Note that for unlicensed carry, it doesn't matter whether you're in an incorporated city or not; it's just illegal without a license, unless some legal exception such as residence, place of business, or the locked container in a car, applies.

	''UNLICENSED LOADED OPEN CARRY''		'''UNLICENSED LOADED OPEN CARRY'''

	[Penal Code section 25850](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25850&lawCode=PEN) prohibits having a loaded gun while in an incorporated city or in the unincorporated parts of the county where discharge of a firearm is prohibited:		[Penal Code section 25850](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25850&lawCode=PEN) prohibits having a loaded gun while in an incorporated city or in the unincorporated parts of the county where discharge of a firearm is prohibited:
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	Also note that under Penal Code section 25850, subdivision (b), having a firearm in an area in which loaded carry is illegal is pretty much an invitation for a legal warrantless search for an officer to check if it's loaded. "Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest," which means an arrest and a legal warrantless search incident to arrest.		Also note that under Penal Code section 25850, subdivision (b), having a firearm in an area in which loaded carry is illegal is pretty much an invitation for a legal warrantless search for an officer to check if it's loaded. "Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest," which means an arrest and a legal warrantless search incident to arrest.

	''UNLICENSED UNLOADED OPEN CARRY''		'''UNLICENSED UNLOADED OPEN CARRY'''

	For unloaded open carry of handguns, [Penal Code section 26530](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=26350.&lawCode=PEN) says:		For unloaded open carry of handguns, [Penal Code section 26530](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=26350.&lawCode=PEN) says: