12031e (other state video)

[93civEJ1]

why would anyone even take the time to carry, if it has to be unloaded as in these videos?

[Fallguy]

It's California.....what do you expect? lol

[Guest nicemac]

I agree with OP. Why open carry if it has to be unloaded?

From the statute:

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.

* Most counties have ordinances prohibiting shooting near roads, residences, etc. This effectively makes carrying loaded illegal in all but the most remote areas of unincorporated territory.

** In “People v. Clark” (1996), the California Court of Appeal clarified that in order to be “loaded” a firearm must have ammunition “placed into a position from which it can be fired”. It even went so far as to point out as an example of what is not loaded to include shells attached to a shotgun inside a buttstock shell carrier.

** There is a common misconception that merely possessing both a firearm and ammunition in close proximity legally equates to loaded. This mistake stems from several PC sections that do not apply to the law-abiding gun owner. 12001(j) only applies to 12023 (carry with intent to commit a felony). 12021.5 only applies to street gang crimes as defined in 186.22. 12022.2 only applies to armor piercing ammunition. 12025((6)(A) is a sentence enhancement which only applies if one violates 12025 (carrying concealed). 171e only applies inside the State Capitol, legislative offices, or office or residence of the Governor.

[Guest nysos]

Because that is all they have. Most carry to help raise awareness and slowly push towards more normal carry laws.

If you had a choice between an unloaded gun + a loaded mag that you had to load/chamber, vs nothing, which would you take? It is kind of silly though, in just about any justifiable defense situation it will take too long to perform those actions.

[Fallguy]

Because that is all they have. Most carry to help raise awareness and slowly push towards more normal carry laws.

That would be my guess...

[JayC]

Because that is all they have. Most carry to help raise awareness and slowly push towards more normal carry laws.

If you had a choice between an unloaded gun + a loaded mag that you had to load/chamber, vs nothing, which would you take? It is kind of silly though, in just about any justifiable defense situation it will take too long to perform those actions.

Better than nothing, and in some rare cases you might have just enough time to 'arm' yourself with a loaded firearm.

[Guest ArmaDeFuego]

The left coast is so crazy. An unloaded gun..... What good is that?

[bajabuc]

Well...the more people who are shot and killed because they couldn't defend themselves because of this stupid law, the easier it will be to get the law changed...what we must hope it that the Gov, Lt Gov, and legislature all lose some near and dear relative because of the law.

[Guest mds3d]

How about we hope that no one loses someone near and dear to them because of a violent crime. If I had to choose between a law being changed and someone innocent dying to change it I would leave the law as is.

[Dolomite_supafly]

How about we hope that no one loses someone near and dear to them because of a violent crime. If I had to choose between a law being changed and someone innocent dying to change it I would leave the law as is.

+1

Even if they did loose someone, the mindset they have would probably result in the opposite of what Bajabuc as well as most of us would want to see. Time and time again the killing of an innocent only hardens the resolve of most anti's. What would be better is if that someone special was saved by some who was carrying.

Dolomite

[Guest nicemac]

...what we must hope it that the Gov, Lt Gov, and legislature all lose some near and dear relative because of the law.

Sorry, I will not hope for that…

[Guest nysos]

+1

What would be better is if that someone special was saved by some who was carrying.

Probably the only type of event that would cause drastic change.