Outside carry ban unconstitutional

[Dvrjon]

California also has a special definition of "loaded" that applies in certain situations and places (notably including portions of the city of Sacramento). Here is the special definition (quoted from PC 16840(a)): "As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person." Please note that the Clark decision does not apply to PC 16840(a).

One more duplicate of the 16840 provision Rick noted, above, regards various state builldings and residences covered under Penal Code 171c and d. This includes the grounds of the state capitol and the sidewalks enclosing it. CCW carriers do not appear to be exempt.

171e. ​

A firearm shall be deemed loaded for the purposes of Sections 171c and 171d whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person.

In order to determine whether or not a firearm is loaded for the purpose of enforcing Section 171c or 171d, peace officers are authorized to examine any firearm carried by anyone on his person or in a vehicle while in any place or on the grounds of any place in or on which the possession of a loaded firearm is prohibited by Section 171c or 171d. Refusal to allow a peace officer to inspect a firearm pursuant to the provisions of this section constitutes probable cause for arrest for violation of Section 171c or 171d.

 

[4super9]

As expected, an en banc appeal was filed on the 16th