When an individual is on “open carry”, the individual is carrying the firearm in plain sight. While there is no law that allows the practice of carrying firearms in this manner, there is no law that prohibits the same. Thus, open carrying is subject to certain guidelines in California.
There are many justifications for this practice, mostly for gun lovers. Some say this is the recognition of the practice of their Second Amendment rights, preventive measure against violent crime and the outright display deters others from engaging the individual in the use of the firearm.
These laws do not apply to assault weapons or other destructive devices. The exclusions to the exercise of this privilege include minors or individuals under the age of 18, convicted felons whose gun rights are either suspended or revoked, those diagnosed with a mental disorder or a potential to cause harm to themselves or others.
In order to be within the legal precepts of Open Carry laws, the individual is allowed to carry firearms openly in a holster or be allowed to carry an unloaded magazine in the firearm. Compliance with these two specific guidelines can help individual avoid being prosecuted for a concealed weapons charge.
The following are the laws that are still considered chargeable on an individual should the individual fail to comply with the open carry precepts:
a) Sec 12025 of the California Penal Code or Carrying a Concealed Law;
b) Sec 12031 of the California Penal Code of law against carrying a loaded firearm in public;
When the individual is at home, a business with the individual having a possessory interest or no private property, such as gun ranges, one can openly carry loaded firearms on their person. School zones, state parks, federal facilities within national parks, federal buildings, government buildings or places where access is allowed after security screening and other areas prohibited by ordinance are definite no gun zones and one found with a weapon would be subject to stiff penalties.
Violation of open carry laws for firearms is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
