• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

OC in San Diego

darthmord

Regular Member
Joined
Oct 10, 2008
Messages
998
Location
Norfolk, Virginia, USA
imported post

I am looking at a distinct possibility of being in San Diego for up to 10 days in the very near future.

Where should I look for proper guidance as to the "Dos & Don'ts" of OC in San Diego?

I also want to add that the firearm I was thinking of bringing with me has a 17+1 round capacity. What are the rules regarding magazines with a capacity greater than 10 rounds?
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
imported post

Unless you had the magazines in California prior to the ban, you can't bring them in. You need some 10-round magazines to be legal.

Check out http://californiaopencarry.org for a bunch of PDF files with a ton of information on the various minutia which we have to deal with to stay legal. The big ones are to stay out of public buildings (post offices, police stations, city halls, etc.), stay 1000' away from K-12 school property (or lock it in a fully enclosed locked container), and keep it unloaded with your loaded magazine in plain sight unless you are in unincorporated territory.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

darthmord wrote:
I am looking at a distinct possibility of being in San Diego for up to 10 days in the very near future.

Where should I look for proper guidance as to the "Dos & Don'ts" of OC in San Diego?

I also want to add that the firearm I was thinking of bringing with me has a 17+1 round capacity. What are the rules regarding magazines with a capacity greater than 10 rounds?

DO NOT bring a greater-then-10 round magazine into CA unless it you posessed it in CA prior to 1/1/2000 (or you can satisfy one of the other exemptions)

CA Penal Code 12020 (http://leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6997635605+1+0+0&WAISaction=retrieve)
 

darthmord

Regular Member
Joined
Oct 10, 2008
Messages
998
Location
Norfolk, Virginia, USA
imported post

That link you provided to the code citereferences importing. Are you saying that my bringing that magazine into the state counts as importing despite the fact it's for personal use only? If so, that's some interesting legal twisting and jiving.

I also didn't see anything prohibiting possession / ownershipof a 10+ capacity magazine in 12020 (2).

That said, I do have other firearm alternatives that have a capacity less than 10 rounds.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

darthmord wrote:
That link you provided to the code citereferences importing. Are you saying that my bringing that magazine into the state counts as importing despite the fact it's for personal use only? If so, that's some interesting legal twisting and jiving.

I also didn't see anything prohibiting possession / ownershipof a 10+ capacity magazine in 12020 (2).

That said, I do have other firearm alternatives that have a capacity less than 10 rounds.

Correct, Importing = Bring into California

Also Correct, simple posession is not prohibted. Therefore the burden of proof is on the prosecution.
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
imported post

darthmord wrote:
I am looking at a distinct possibility of being in San Diego for up to 10 days in the very near future.

Where should I look for proper guidance as to the "Dos & Don'ts" of OC in San Diego?

I also want to add that the firearm I was thinking of bringing with me has a 17+1 round capacity. What are the rules regarding magazines with a capacity greater than 10 rounds?
12020 (b) Subdivision (a) does not apply to any of the following:

12020 (23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

mjones wrote:
...Also Correct, simple posession is not prohibted. Therefore the burden of proof is on the prosecution.
I would add that this should provide you with little comfort. In CA, the DAs and judges rewrite the laws all the time. One of our members was recently convicted under another statute due to some twisting of logic and ignorance of case law.

In CA, when it comes to gun "crimes", justice comes with a hefty price tag. Even if you're in the clear, you have to be very careful.

Definitely read up at www.californiaopencarry.org and then browse here if you have any questions. Keep in mind a lot of the stuff posted at that link is from LE sources, and many of the memos contain bad info. Rely on the flier and tri-fold pamphlet for best info.
 

N6ATF

Banned
Joined
Jul 22, 2009
Messages
1,401
Location
San Diego County, CA, California, USA
imported post

CA_Libertarian wrote:
mjones wrote:
...Also Correct, simple posession is not prohibted. Therefore the burden of proof is on the prosecution.
One of our members was recently convicted under another statute due to some twisting of logic and ignorance of case law.
You say ignorance, I say intentional disregard with malice. Tomayto, tomohto.
 
Top