What if (gun related legal question)

TJdave · 06-27-2006, 09:15 PM

So today me and my buddy went offroading in the neaby mountains. There is a canyon called Trabuco Canyon in Orange County CA and we go there and explore and go offraoding all the time. Today we decided to pull off the main road and explore a nearby bridge area.

Normally when i am off in the woods or the mountains i carry my Glock 9mm and today was no different. I usually sore it in my jeep locked and then take it with me when we hike. Today I left it in my jeep because we weren't going to far. We jumped a few barbed wire fences and as were were out we got spotted by a sheriff. Long story short we got a warning for trespassing and that was it.

My question is, what kind of trouble would i have been in if i had my glock on me?? I legally own it, but i do not have a conceal and carry permit. I carry a lot when i am out offraoding and exploring just in case and have never had problems but today made me wonder.

Now granted i live in CA where there are tons of Gun Nazi's but what is the law and what kind of trouble would i be in??

**Jakemd98** · 06-27-2006, 09:18 PM

was it concealed? if it was on your person and visible, it's your right. as long as you didn't reach for it or, in any way, make the cop feel threatened by it then theres nothing wrong with it

tmak504 · 06-27-2006, 09:20 PM

I was always under the impression if you had it concealed on you out in a public place, which it was not your property, and you did not have a permit to carry, you could be arrested...

scottcha · 06-27-2006, 09:28 PM

Quote:

Carrying without a Permit/License
Date updated: Jul 29, 2005 @ 9:42 am

California law has a gray area, a de facto quasi-right-to-carry. The state law provides that carrying a concealed weapon (including a knife or blackjack) is a FELONY, however, a clear exception exists. If you are carrying a gun (not a knife!) AND it was legally purchased AND it is registered to you AND you are not a gang member (yes, there is a statutory definition of gang member) AND it is your first such arrest, then concealed carry is a misdemeanor. A typical fine is $200.

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**Jakemd98** · 06-27-2006, 09:30 PM

just put it in a holster and make it visible. no longer concealed!! Also there's no reason why you should have to conceal it in that situation.

TJdave · 06-27-2006, 09:37 PM

I always carry it in a leg holster like this:

It is always in plain sight and i have never really used it. It is more for peace of mind than anything else.

jeepnguns · 06-27-2006, 10:19 PM

It is comifornia youy have no gun rights. I am surprized you could even own a handgun. If it was concealed you might have a problem, if it was open carried you should be ok but that depends on where you are and who stops you. being loaded in your jeep could get you in trouble in cali IIRC.

cmotsvt · 06-27-2006, 10:21 PM

Did the sheriff say anything when he saw the gun in plain sight?

SoCoYJ · 06-27-2006, 10:57 PM

Quote:

Originally Posted by cmotsvt

Did the sheriff say anything when he saw the gun in plain sight?

He didn't have it on him this time, said so in his post.

My take on it, it depends on your state. Open carry is mostly legal to my knowledge, with the few exceptions. Out there I would think it would be ok, being wilderness and all that. Concealed without the permit I believe is just a citable offense and you lose your weapon. I believe that's the case the majority of the time, but I'm not 100% sure.

cmotsvt · 06-27-2006, 11:29 PM

Doh stupid.

I think the best bet would be to ask a LEO in your area.

wil badger · 06-27-2006, 11:38 PM

have to love Utah for atleast their gun laws.i can legally carry in public as long as its visible.no if i wanted to cover it or carry in a pocket then i need a CCW permit.evertime i go out in my jeep or my quad i have a gun with me.you just never know when a killer rabbit is going to attack

to quote Ned and Jimbo form South Park "Quick its coming right for us"

**Matt Gertsch** · 06-28-2006, 12:42 AM

Quote:

Originally Posted by Jakemd98

just put it in a holster and make it visible. no longer concealed!! Also there's no reason why you should have to conceal it in that situation.

In Cali, if it has a mag in the 'chute, it is legally concealed, even if it is in plain sight. The only exception would be if you're hunting, so keep you tags on you at all times.

Chris_ · 06-28-2006, 06:37 AM

Quote:

Originally Posted by SoCoYJ

He didn't have it on him this time, said so in his post.

My take on it, it depends on your state. Open carry is mostly legal to my knowledge, with the few exceptions. Out there I would think it would be ok, being wilderness and all that. Concealed without the permit I believe is just a citable offense and you lose your weapon. I believe that's the case the majority of the time, but I'm not 100% sure.

it's entirely state specific, but most states do not allow open carry of handguns. there are a tiny few who do, but most don't. there are, however, provisions in most states that allow open carry on premesis you own, or where you had consent from the owner of the property you are on. with almost every state in the union offering CHLs, there's no reason not to have one, since they are becoming increasingly reciprocal.

from the original post, just about everything mentioned would certainly warrant a trip to jail. you cannot carry a loaded handgun in your vehicle without a concealed carry license. there are only a few exceptions to carrying an unloaded firearm, and that requires being unloaded, in a locked container or a locked trunk, to or from a shooting range. carrying the weapon, concealed or not, would have been a trip to jail. again, california and very few exceptions. if you don't have a concealed weapons permit and you aren't on your way to the gun range, don't carry it.

and it's always a good idea to assume that a fence carries with it the implication that you are not supposed to be on the other side of it. a firearm thrown in would likely increase the charges against you.

AMK · 06-28-2006, 06:53 AM

Quote:

Originally Posted by Jakemd98

was it concealed? if it was on your person and visible, it's your right. as long as you didn't reach for it or, in any way, make the cop feel threatened by it then theres nothing wrong with it

That it is not correct.

Quote:

Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not carry or transport a loaded firearm. The firearm should be unloaded and placed in the trunk of the vehicle, or if the vehicle has no trunk, placed in a fully enclosed secure locked container other than the utility or glove compartment of a motor vehicle (Penal Code §§ 12026.1, 12027.)

I would be very leary accepting all of the pseudo-legal advice given on this thread so far (Chris's advice above though seems spot on). If I were you, I would read http://caag.state.ca.us/firearms/forms/pdf/cfl.pdf, check out www.packing.org, and then speak with an attorney in your area or a law enforcement officer.

mr_fsu_guy · 06-28-2006, 07:02 AM

Quote:

Originally Posted by TJdave

It is always in plain sight and i have never really used it. It is more for peace of mind than anything else.

I have to rear my ugly head in here, and just stir up the pot.

What are you guys doing carrying guys if you "never really used it". Can I ask you what you would use it for? I'm guessing the correct or most populus answer is personal protection... My next taunt is - do you think you could kill another human being because you were wheeling and a hobo got all psycho on you? I mean come on... we're pretty much all white collar people that have a nice job, and know how to use a computer. Do you think you can pull that trigger knowing you could end someone elses life?

The only other thing I could think of is like for animals? Which just crossed my mind b/c our most dangerous thing out here in Indiana is like... the brown recluse spider. I don't think we have bears, bobcats, or lions n tigers oh my.

Just wondering...

06-27-2006, 10:19 PM	#7
jeepnguns Registered User Join Date: Sep 2004 Location: Las Cruces NM Posts: 756 Profile Gallery Classifieds My Jeeps	It is comifornia youy have no gun rights. I am surprized you could even own a handgun. If it was concealed you might have a problem, if it was open carried you should be ok but that depends on where you are and who stops you. being loaded in your jeep could get you in trouble in cali IIRC. __________________ 88 Wrangler 350 Chevy engine vortec heads Holley Pro-Jection Ford T-18 Tranny Dana 44s Detroits w/ 5.89s 38" Swamper SX Lots of other random things and dents

06-27-2006, 11:38 PM	#11
wil badger Registered User Join Date: May 2005 Location: Utah Posts: 2,827 Profile Gallery Classifieds My Jeeps	have to love Utah for atleast their gun laws.i can legally carry in public as long as its visible.no if i wanted to cover it or carry in a pocket then i need a CCW permit.evertime i go out in my jeep or my quad i have a gun with me.you just never know when a killer rabbit is going to attack to quote Ned and Jimbo form South Park "Quick its coming right for us" __________________ One Built XJ

06-27-2006, 10:21 PM	#8
cmotsvt Registered User Join Date: Nov 2004 Location: USA Posts: 2,310 Profile Gallery Classifieds My Jeeps	Did the sheriff say anything when he saw the gun in plain sight?

06-27-2006, 11:29 PM	#10
cmotsvt Registered User Join Date: Nov 2004 Location: USA Posts: 2,310 Profile Gallery Classifieds My Jeeps	Doh stupid. I think the best bet would be to ask a LEO in your area.