CA gun control civil disobedience

[CA_Libertarian]

I have a couple ideas for some civil disobedience here in CA.  Here's the pertinent section of the penal code (sorry the URL link includes more sections, so you'll have to scroll way down to find the section I'm quoting). 

CALIFORNIA CODES
PENAL CODE
SECTION 12020-12040

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,
consisting of a case that holds a charge of powder and a bullet or
shot, 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; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.

Two ideas I want to throw out there:

1) Carry a loaded firearm (open carry) in public -- I would like to do this for the opportunity to appeal.  Now, the 9th Circus Court of Appeals would probably spend all of 5 minutes deciding something like this.  However, I wonder how receptive the current US Supreme Court would be to hearing this.  Now, the down side is that I would possibly do some jail time... if I'm not shot in the street by the cops.

The District Attorney is newly elected, so I'm not sure what her policy is, but I know the office has a history of being very liberal with plea bargains. (I.e. one case in the Modesto Bee a few years ago told of 4 teenagers age 16-18 that videotaped their gang rape of a drunk/unconscious 14-yr-old girl -- I believe the 18-yr-old got 2 years and the others got probation only.)

2) Openly carry an UNLOADED firearm just to give the local uniformed thugs something to do... and hope they don't shoot me.  As far as I can tell, there is no law saying you can't carry a gun... you just can't carry a gun AND ammunition for it.  I think the law also says the ammunition ONLY counts if it can actually be fired from the firearm, so maybe my Glock could be loaded with the incorrect caliber and still be "legal."


Now, keep in mind I have extremely limited financial means, so a $1,000 fine is a lot, and time in jail (away from my job) would pretty much make me car-less & home-less.  So I'm leaning toward option #2, as the only risk I would take is harassment and scare tactics by the local "authorities," or (at worst) an untimely death that would result in some poor cop getting a month off with pay.

Thoughts?

[Henry]

Good luck. Put aside some change for an internet connetion in order to keep us posted.

[KBCraig]

How good a leader/motivator are you? If you could get 50+ people to participate, #2 would be the way to go. No criminal liability, but it would tie up the cops while they "examine" those guns to make sure they're not loaded.

I'd suggest getting some POS Ravens or Jennings, and epoxying the actions shut. 

[CA_Libertarian]

How good a leader/motivator are you? If you could get 50+ people to participate, #2 would be the way to go. No criminal liability, but it would tie up the cops while they "examine" those guns to make sure they're not loaded.

Wow, that's an awesome idea.  Only problem is most people around here don't even own handguns because it's such a pain in the ass.  In fact, of all the people I know, about 90% would probably participate, but only about 5% of them actually own guns.  So, I think the biggest problem might be finding enough guns/holsters to supply 50 people for the demonstration.

Another option - to save us from the bureaucratic hassle of getting the confiscated firearms back - would be to invest in some cheap replicas or air pistols (some look real enough in a holster).

I'm getting giddy just thinking about it... man the cops around here would be SO scared to see that many "armed" citizens.  I'm certain they would arrest us all, then have nothing to charge us with (other than maybe disorderly conduct & disturbing the peace - which usually doesn't stick).  It would be worth it just to put the fear into the local thugs.  My biggest concern is that someone would get injured or killed... fear might make for some itchy trigger fingers

[error]

I'd be willing to open carry right down Mission Street, were I still in San Francisco. But I've vowed never to set foot in the Soviet Socialist Republic of California again. At least not until it's free.

[Recumbent ReCycler]

I think a bunch of replicas, like some of the airsoft pistols, would be a good choice.  Some are realistic enough that they will fool most people except under close examination.  They are also easier to get and usually cheaper than real guns.  If they have a orange barrel end, a little flat black spray paint or primer would make them look more realistic if properly applied.

[CA_Libertarian]

Well, after mulling over the consequences, I've opted simply to exercise my legal right to carry an unloaded firearm in town.

I've documented my research, and will be documenting my experiences over at the OpenCarry.com forums, if anybody is interested.

This probably seems silly to those of you that are used to states that observe the 2nd Amendment, but I assure you that here in CA, seeing a gun in public is a big deal.  "Civilians" carrying guns is so rare around here that I'm anticipating I may have some bumps in the road ahead.

[Amos Keag]

I wish you the best of luck, and please don't get killed.

Ya know...you could just move to NH.

[Barterer]

I'd carry a long gun instead, for a couple of reasons:

If you carry a pistol, people might just think you're an off-duty cop, and not think much of it.

..except for the cops, who will assume you can draw and fire at a second's notice.  If you carry a long gun on your back, the police have a lot less of an excuse to shoot you.

Good luck with whatever option you choose.. I'd just be wary of some people's hysterical reactions.. safety 1st and all that. 

[supperman15]

what if you and your friends, carried long guns and all made T-shirts with the word Militia on it?

[CA_Libertarian]

I wish you the best of luck, and please don't get killed.

Ya know...you could just move to NH.

I will be in NH next year (hopefully in March), just finishing up my degree before I go.

I'd carry a long gun instead, for a couple of reasons:

If you carry a pistol, people might just think you're an off-duty cop, and not think much of it.

..except for the cops, who will assume you can draw and fire at a second's notice.  If you carry a long gun on your back, the police have a lot less of an excuse to shoot you.

I'm considering carrying a long gun.  I'm also considering carrying a sword - surprisingly CA law only prohibits carrying a concealed blade, no length restrictions on the state level.  The city I live in doesn't restrict blades, but the city I work in does.

Think a katana would make a statement?

[CA_Libertarian]

what if you and your friends, carried long guns and all made T-shirts with the word Militia on it?

I'm in the process of informing my friends that we've been duped by popular myth.  So far, I got 2 on board with the idea, but neither of them even own a holster, as they both were under the impression that open carry is illegal.

Where does this myth come from?  Big surprise: government agencies.  Per one of the clerks over at the Turlock city attorney's office: "I know you can't carry [a firearm] without a permit."  After I recited the applicable CA penal code sections, she admitted this wasn't the case, then kindly looked into local ordinances for me.

[supperman15]

there is the law, and there is what i say.... what are the sheepeople to do???

[PowerPenguin]

I'm in socal- the "conservative" part of CA. I still don't have a firearm though and I only know of a handful of people who do. The great thing about it is that Regan had a lot to do with the gun bans. God forbid those commie black panthers be able to defend themselves in the bay area...

[CA_Libertarian]

Well, I not only own one... now I carry one.  I'm sure it's a matter of time before I get hassled by the cops.  Hopefully that's all I get.  I won't even be mad when they detain me.  I think of it as my civic duty to help train our police force.   

I'm posting a journal of sorts on the OpenCarry.org forums to catalog my observations of how people react.  In my opinion, it's boring stuff.  Hell, most people don't even see that I'm carrying... they're just oblivious to their surroundings.  I think some Kalifornians find it interesting because this is such a taboo thing to do.

Anyhow, it's there for the reading, if anyone is interested.