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Bloviating Zeppelin: Fornicalia To Outlaw "Open Carry" In Public

Bloviating Zeppelin

(in-ep-toc'-ra-cy) - a system of government where the least capable to lead are elected by the least capable of producing, and where the members of society least likely to sustain themselves or succeed, are rewarded with goods and services paid for by the confiscated wealth of a diminishing number of producers.

Monday, September 19, 2011

Fornicalia To Outlaw "Open Carry" In Public


Currently, because I am a full time peace officer in Fornicalia (though ancient, with about 40 years of service), I know that it is lawful for a citizen to openly carry a handgun in a holster, unloaded, in public. Some 2nd Amendment advocates have done so -- lawfully -- in recent Fornicalia demonstrations.

Because of this -- and the TEA Party/Right-linked inference, the Fornicalia legislature passed a bill recently, now sitting on Governor Jerry Brown's desk, which would forbid the practice completely, making any public carry of a firearm, unloaded, illegal.

Under the current section PC 12025 of the Fornicalia penal code:

(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.Meaning that, in this fashion, you cannot be arrested for "carrying a concealed firearm" under PC 12025 if the weapon is unloaded.

However, section (A) of PC 12025 states:
Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.

. . . which makes you guilty of "carrying a concealed firearm" in concert with the firearm actually being concealed on your person or in a vehicle.

California penal code section PC 12031 states:
(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.

Violations of both of these sections are misdemeanors and citeable; that is to say, in Fornicalia, a physical arrest is not mandated; a citation would suffice, dependent upon a number of variables. So far.

To date, open public carry of a handgun in Fornicalia is legal, as long as you are not in a post office, government building, school zone and a number of other delineated areas. The handgun must be displayed openly and be unloaded.

Some Fornicalia officers would, however, argue that carrying an unloaded firearm openly on your person and its ammo somewhere else (as in a pocket) is itself per se illegal. On its face, absent other circumstances, officers thinking that would be wrong. Lawful, abiding citizens not intending to commit a felony would be conducting themselves properly, in general. People v. Clark (1996) 45 Cal.App.4th 1147 , 53 Cal.Rptr.2d 99 -- indicates so.

Go here for California Open Carry.org.

Go here for the open carry argument.

Go here for a further analysis of the definition of "loaded" in Fornicalia.

Finally, from the LA Times article:
Brown has until early October to act on the bill, and his past comments and actions on the issue of guns have sent a mixed message. In April, he told a gathering of police officers that it is natural for people to have guns in their homes, and said he owned three firearms.

The Logical Extension, as I like to call it, is this: as goes Fornicalia, so goes the rest of the nation. Leftists and Socialists and Liberals and "Progressives" recognize it. With that in mind, the bill's passage (or not) will either buttress support for the 2nd Amendment -- or start the anti-gun snowball rolling down the hill, gravity-fed, in other states.

BZ

14 Comments:

Blogger Bloviating Zeppelin said...

P.S.

In Fornicalia, if you're "plainclothsed" and "on duty" like I was in Detectives for many years, you could wear your gun holstered on your belt, with no covering jacket or vest, but your badge had to be clipped to your belt directly ADJACENT your holstered handgun, so that people would understand and clearly see your "open carry" and law enforcement status.

A badge carried on the OTHER side of your belt was UNacceptable.

You could be dismissed, on my department, for violating that stricture in plainclothes or in Detectives.

BZ

Sun Sep 18, 08:20:00 PM PDT  
Blogger Bushwack said...

Well BZ the rest of the nation is coming back to reality. Kalifornia is going the other way... Not surprising.

I always thought carrying an OPEN unloaded firearm was better than nothing, but now I've changed my opinion...

IF Open Carry is all you have then do it. But realize you have made yourself target #1 by those who are armed and up to no good. Concealed carry is the way to go and it should be LEGAL in AMERICA PERIOD!

Open carry unloaded? Well now that makes you target #1 without a chance to defend yourself unless you are very fast at finding cover and loading your firearm.

I hope Brown signs this bill. It's an opinion shared by many in the 2nd amendment fight. IF he signs it, it will be easier to get Cali to be a SHALL ISSUE state instead of the MAY ISSUE state it currently is.

Mon Sep 19, 04:05:00 AM PDT  
Blogger soapster said...

Might as well plug it. Openly carrying or concealing an unloaded firearm is about the most ridiculous policy anyways and is not in anyway an exercise of one's 2nd Amendment.

Replace it with an actual piece of legislation that is going to promote the 2nd Amendment and actualy protect individuals.

Mon Sep 19, 07:05:00 AM PDT  
Blogger Bloviating Zeppelin said...

Robert, you nailed it. And Soapster, like Robert, "open carry" isn't the point. Yes, it's not practical for actual defense. But once Brown signs the bill, and he will, the fight becomes more open and public. Fornicalia IS a "may issue" state and each of the 58 county sheriff's have their own rules for issuing or denying CCW permits. Perhaps this will be the driving force to change that.

BZ

Mon Sep 19, 08:07:00 AM PDT  
Blogger TexasFred said...

Carrying and unloaded gun, on your belt...

That is the most ridiculous bunch of BULLSHIT I have ever heard as far as *gun rights* are concerned...

An unloaded gun is a club, a goddamned expensive club, go to Academy Sports and buy a ball bat... Sheesh... Or get the fuck OUT of Commiefornia...

Mon Sep 19, 01:56:00 PM PDT  
Blogger Leticia said...

I would rather carry a concealed weapon that is loaded than prance around with a gun in the open that is unloaded and just there for show? That should be for citizens only.

I firmly believe that Law Enforcement and military personnel (MP's) should always be allowed to carry their weapons loaded.

Mon Sep 19, 03:23:00 PM PDT  
Blogger Old NFO said...

Damn... just damn... Moonbeam will probably sign it...

Mon Sep 19, 03:56:00 PM PDT  
Blogger Bloviating Zeppelin said...

Say what you will, Fred and Leticia, but Fornicalia is what it is. The point of it all is this: the issue will, hopefully, FORCE the state to address the points and -- further -- perhaps become a fulcrum and a hailing for other states to protect THEIR 2nd Amendment rights.

Fornicalia is gone; that much is certain.

But YOU and people in OTHER states can use Fornicalia as a Clarion Call in order to address the point with my state as the primal example.

Don't insult me with the obvious, Fred. I'm not that stupid. I'd hoped you'd see the Logical Extension and USE my state as a fulcrum from which to ADVANCE more 2nd Amendment rights.

My state is a foregone conclusion. Those are beyond Facts In Evidence.

BZ

Mon Sep 19, 04:24:00 PM PDT  
Blogger Well Seasoned Fool said...

Let us not forget Ronald Reagan signed the Mulford Act in 1967 which is the basis for CA gun laws. This came about after the Black Panthers, exercising their constitutional rights, scared the crap out people by going about armed.

Always going to be folks you don't like benefiting from laws you do like. Part of being a citizen.

Mon Sep 19, 04:28:00 PM PDT  
Blogger Bloviating Zeppelin said...

WSF, you're correct about the BP reaction. That said, I have always labored under PC 12025 and 12031 during my LE career in Fornicalia.

The thing that MOST pissed off Liberals, Leftists and Demorats was that violation of those two statutes was only a MISDEMEANOR and subject to citation, at the officer's discretion.

I can remember, growing up, when every pickup carried a rifle rack in the rear window. And there were actual RIFLES present in those racks.

These days, if you saw that, it'd be a SWAT call-out.

THAT'S how much LEFTISM has influenced my state.

BZ

Mon Sep 19, 05:18:00 PM PDT  
Blogger Well Seasoned Fool said...

BZ
Rifle racks in pickups are still seen in Colorado. In our family one was in a sccabard behind the seat as we never locked a vehicle.

Drive through Denver (City and County) though and you are in for a big hassle.

Mon Sep 19, 05:47:00 PM PDT  
Blogger Bloviating Zeppelin said...

WSF: I believe you.

BZ

Mon Sep 19, 06:24:00 PM PDT  
Blogger mrchuck said...

I remember clearly carrying off duty in civvies in CA.,, and always had my badge case in my pocket.
I was always asked politely for ID.
There IS a COURTESY between jurisdictions, and have always been treated as a member of the brotherhood!!!
You will definitely find this in your retirement travels.
Remember, there is a wall between the "GATEKEEPERS" and the general populace. You know this!
All brothers in arms, active and retired, know this.
And it only takes a New York Second to be verified!!!
Remember it is only a second or two, to make the distinction between Cowboys and Indians.
I know that BZ still faces this, as he is still "on the job".
Only a "shot up" retiree and a current Command Sergeant can really understand the commitment here.
I understand your zeal and quest,,, but Father Time has a Scythe in his hands.
It will be your decision soon, as it was mine, and others you follow.
God Bless your commitment, Zeal, and Dedication.

Mon Sep 19, 06:37:00 PM PDT  
Blogger Leticia said...

BZ, I guess since I live in a state where many people carry guns, I just cannot see that happening here. There are way too many hunters that would fight to hell and back to keep their weapons.

And almost every person I know owns a gun or two.

However, I would never presume that it couldn't happen here as well. Nothing is impossible. But I would hope my fellow Arkansans would rally together and stop that nonsense in its tracks.

Tue Sep 20, 01:37:00 PM PDT  

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