It has been widely accepted that this right keeps the power in the hands of the people and enables people to not only defend themselves, but also protect themselves from a government that could become an armed force to repress the people they are supposed to govern.

 

Specifically the amendment reads a "well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."  This language may cause some people to think of black powder guns, and uniforms that look more like dresses. 

 

However, there is a modern-day group of people who have begun to test this law.  The rules are pretty simple (and I am not a lawyer or an expert on gun laws - so see a lawyer for legal advice before you grab your gun!):  You can carry a gun as long as it is neither loaded, not concealed, no clips anywhere NEAR the gun, and not close to a school - any school.

 

The OC groups have been busy in northern California, walking into Starbucks with a handgun in a holster tied to their hip.  Unloaded of course, and bullets at least on the other side of their body.

Santa Barbara Police spokesman Lt. Don McCaffrey said the "laws governing open carry are state laws. There are no local laws that affect this. There are some federal rules in federally owned/operated buildings. In a strict sense, the law allows people to carry unloaded, openly displayed firearms. Police have the right to inspect these guns at any time to determine they are unloaded. Obviously, this could lead to encounters that could have bad consequences, so we don’t advise doing so."

 

Santa Barbara County Sheriff spokesman Drew Sugars is very matter-of-fact - "California law allows non-felons to carry a weapon as long as it's not concealed and it's unloaded. Concealed weapons require a permit which can be obtained through this Department pending approval."

 

If you really want to make the police nervous, walk around with a gun.  And maybe gun owners should do just that so people will get used to it and not freak out every time they see a gun.  Early in 2009 a man was merely walking along the road with a  rifle in his hands and schools closed, and there were dozens of police looking for (and eventually finding) the guy.  He wasn't charged with a crime, but it was a big brew ha ha.

 

Companies can decide not to permit guns in their establishments.  In Seattle, the Brady gun campaign gathered 28,000 signatures to implore Starbucks to to not allow guns in their stores.  Their response "Were we to adopt a policy different from local laws allowing open carry, we would be forced to require our partners to ask law abiding customers to leave our stores, putting our partners in an unfair and potentially unsafe position."

 

You can have a very bad day if you don't follow the rules.  Here are some of them:

According to CaliforniaOpenCarry.org, Unloaded Open Carry is legal anywhere except the following places:

schools and "school zones"

California State Parks

National Parks (Update! This will change in 2010. details)

US Post Offices

any state or local public building or at any legislative meeting required to be open to the public

the State Capitol, legislative offices, office of the Governor, Governor’s residence, etc.

“sterile areas” (areas where access is controlled by security screening) of airports

areas restricted by local city or county ordinance, often including regional parks