Handgun laws on the CA sections of PCT?

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Dirt4dinner
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Handgun laws on the CA sections of PCT?

Post by Dirt4dinner » Feb 06 2008 9:23 pm

I normally carry a .357 revolver when in the back country. Always on my hip, so never concealed. I was wondering if anyone knows if this can be done in CA legally? I don't have a CCW license. I don't need to turn this into a discussion as to if guns should be carried so if you know the answer please help, but lets keep on topic. Thanks.
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Re: Handgun laws on the CA sections of PCT?

Post by azbackpackr » Feb 07 2008 4:12 am

I asked my husband if you could carry a handgun in Calif. on the PCT and he said, "No, of course not!" If you can wait a day I can get you an updated answer, though. My son, a US Marine, is a gun owner who recently transferred to Calif, but left some of his guns in storage in AZ for the duration, due to the extremely restrictive laws in that state. You are very right to inquire about this as it may be a problem indeed. Also, the laws there often change without notice, and even gun store owners can't keep up with the changes.

Frankly, if it were me, I'd take a small concealable handgun in my pocket, but not tell anyone I had it. Your chances of getting caught with this are almost zero as long as you don't tell anyone you have it. I'm not going to "advise" you to break the law yourself, I'm just saying, if I were hiking the PCT alone I'd probably have a concealed weapon in my pants pocket.
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Re: Handgun laws on the CA sections of PCT?

Post by hikeaz » Feb 07 2008 8:30 am

The PCT through Cali is what; 1000 miles? It passes through all sorts of land management areas, so it would be nearly impossible to have one answer to your question.
There is work being done to change some of the limitations in National Parks (PCT runs through several, not the least of which is Sequoia/Kings Canyon)


When visitors go to a national park in the United States, signs tell them that loaded guns are prohibited and must be stored. Guns must be out of sight and not pointed at a person or wildlife. This is perfectly sensible. In our national parks, wildlife is protected and visitors have a right to safety.

A handful of senators has somehow managed to get 47 senators to sign on to a Dec. 14 letter seeking to overturn the national parks rules on loaded guns.

Guns carried in the national parks be unloaded and stored. Hunters can transport their unloaded hunting rifles through a national park to hunting grounds. The 59 national park units that allow hunting allow hunters to carry loaded weapons during hunting season.

This week, Sen. Tom Coburn, R-Okla., plans to try to pass an amendment, from the Senate floor and without committee hearings, that would overturn the national parks gun rules. He would do this by attempting to attach it to an important and noncontroversial bill (S. 2483) authorizing projects in the national parks, national forests and other public lands. Or some other bill.

The Association of National Park Rangers and field law enforcement rangers in the National Park Service strongly oppose Coburn's amendment saying "who wants average citizens running around with firearms". (remember: the guys who fought the second ammendment said the same thing)

California Sens. Dianne Feinstein and Barbara Boxer oppose Coburn's amendment and plan to fight it.
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Re: Handgun laws on the CA sections of PCT?

Post by Dirt4dinner » Feb 07 2008 1:46 pm

Thanks for that article clip. I should have been more specific as to the area I will be hiking. We are doing the 70 mile section from Big Bear to HWY 138 (Barstow HWY). I don't think I will bring my revolver on this trip. I will be hiking with another guy, and I don't feel like having to learn the hard way about what the laws are. We will be around to many populated areas. If we were someplace more remote I would probably bring it, but I am expecting to see a lot of day hikers on our journey. Thanks again...if someone gets any more definitive answers, I would still appreciate them.
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Re: Handgun laws on the CA sections of PCT?

Post by Tortoise_Hiker » Feb 07 2008 10:33 pm

A buddy of mind had his in Calif.and got pulled over(with wife & kids) on the way home.He thought if he told the cop it was in the car it would be o.k. Wrong! the cop pulled his gun and made everyone get out of the car. He took the gun and gave him a ticket. he had to go back at a later date for court.He had to pay a fine and they kept his gun!
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Re: Handgun laws on the CA sections of PCT?

Post by azbackpackr » Feb 08 2008 5:07 am

Ok, first of all, the person who said you will be passing through all these different land management areas so the laws would differ from area to area is mistaken!! When you are in California the state laws also affect the BLM lands, the National Forest lands, state lands, NPS lands. We are not talking about Arizona here!

I promised you an answer from my gun-owning son who just moved to Calif, and got one, complete with a link to the state code. Here is what my son emailed me:

"It appears that he would be committing a felony if he did that. From the state itself
Check about page 31 of the attached California Firearm Laws 2007 pdf file below."

So there it is in black and white. End of discussion.
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Cfl2007.pdf
California Firearm Laws 2007
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Re: Handgun laws on the CA sections of PCT?

Post by hikeaz » Feb 08 2008 7:40 am

Excerpted from pages 28/29 of California Firearm Laws 2007

NOTE: A firearm carried openly in a belt holster is not considered "concealed" as it
applies to the above prohibition. (Penal Code § 12025(f).)
Section 12025 does not apply to or affect any of the following:
• Any citizen of the United States or legal resident over the age of 18 years who resides or is
temporarily within this state, and who is not prohibited from owning or possessing firearms
pursuant to Penal Code sections 12021 or 12021.1 or section 8100 or 8101 of the Welfare and
Institutions Code (folks with criminal records, restraining orders, etc), may carry, either openly or concealed, anywhere within his or her place of
business, or on private property owned or lawfully possessed by him or her any pistol, revolver,
or other firearm capable of being concealed upon the person. A permit or license to purchase,
own, possess, keep, or carry is not required under these circumstances. (Penal Code § 12026.)
• The transportation or carrying of any pistol, revolver, or other firearm capable of being
concealed upon the person by any citizen of the United States over the age of 18 years
who resides or is temporarily within this state, and is not within the excepted classes
prescribed by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code sections
8100 or 8103, provided that the following applies:
- the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container
in the vehicle other than the utility or glove compartment, and;
- when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the
firearm must be contained in a locked container while being physically carried.


Excerpted from attached Wikipedia - Guns Laws by State below

California Open Carry Laws
Personal possession (i.e. carry) of a loaded firearm is prohibited in incorporated areas (such as inside city limits) or prohibited areas of unincorporated territory without a license to carry or other exemption provided for by law (California Penal Code § 12031 [1]). A license to carry "loaded and exposed" may be issued by a Police Chief or County Sheriff in a county with population of less than 200,000 persons at the last census (California Penal Code § 12050 [2]). No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance.

In spite of these restrictions, there is no section of the California penal code that specifically prohibits open carry of an unloaded handgun (though possession may be restricted or prohibited in certain areas such as a State Park (CCR Title 14, Div.3, chap. 1, s 4313 (a), in a school zone (PC626.9) or federal properties like a Post Office or National Parks(36 C.F.R. 2.4(a)).
Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (G) of California Penal Code 12031 defines what constitutes a loaded weapon).
Attachments
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Wikipedia - Guns Laws by State
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Re: Handgun laws on the CA sections of PCT?

Post by Jeffshadows » Feb 08 2008 10:10 am

When I was stationed over there they told us not to take pistols off base, even into BLM or FS areas because some counties and townships there have laws against even being in possession of a pistol (amazingly enough), if that helps at all.

Jeff
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Dirt4dinner
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Re: Handgun laws on the CA sections of PCT?

Post by Dirt4dinner » Feb 08 2008 10:17 am

Thanks everyone. I am not going to take it. I have a gotten a little spoiled here in Arizona with the "Wild West" style gun laws. Thanks for all your help and research.
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Re: Handgun laws on the CA sections of PCT?

Post by freeride21a » Feb 24 2008 2:48 am

nutshell:
Open carry: National Forest or BLM land A-ok
Concealed(no permit): In your campsite! You can also carry on your way to or from fishing/hunting.
Prohibited: National Parks

vehicle travel: firearm and ammo must be locked up separatly(one or the other locked up). The glovebox does not count. Loaded mags are considered a loaded gun even if separate(grey area)


California has NO reciprocity with other states for CCW permits.

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