Michael Contrary to the prevailing opinion in Germany, not all Americans walk around with a loaded revolver in their belt or shoot into the air from car windows after exciting sports events. No, gun ownership and use are strictly regulated. We have already touched on the theory of American gun laws (Rundbrief 01/2001). Today, let's go over what that looks like in everyday life in California.

This is by no means trivial, because gun regulations vary greatly from state to state, are subject to constant changes by the legislature, and are then interpreted very inconsistently by the courts. So: Don't sue the newsletter editorial team if something isn't exactly correct, but rather, in case of doubt, hire a legal bloodsucker of your choice and ask for professional advice!

California distinguishes between two gun regulations: One determines when a weapon can be carried concealed (Concealed Gun Law, CGL), and the other pertains to loaded weapons (Loaded Gun Law, LGL). The courts apply both laws strictly separately: For example, someone who walks into a government building with a loaded revolver in their coat will face penalties twice: once for carrying a conceiled weapon, and secondly for bringing a loaded gun. In the legal sense, "loaded" means that the ammunition is in the weapon: it is sufficient for the magazine to be inserted in the pistol; it does not matter whether the weapon is cocked or the safety is off.

TODO

Almost no one is allowed to walk around in a California city with a weapon concealed under their clothing -- not even if it is unloaded. Anyone caught doing so (and not falling under the exceptions described below) commits a crime that is punishable by a fine or imprisonment. Exception: A so-called CCW (Carry Concealed Weapons) permit, which is only issued by the sheriff of the respective county if someone proves that they need the weapon for professional reasons (for example, a bounty hunter chasing escaped criminals) or is otherwise seriously threatened. Typically, these CCWs are only issued in rural areas, and the cities almost always reject applications.

Another exception: In their own home, any ordinary citizen is allowed to hide a loaded firearm. However, this does not apply to those with a criminal record, illegal immigrants, those dishonorably discharged from the military, and the like. By the way, "home" also includes one's own garden, a rented motel room, or a campsite. Store owners (only the owners, not the employees) are also allowed to have a loaded weapon in their store. As a small legal peculiarity, one is not allowed to walk around with a weapon concealed under clothing in their own driveway. The weapon may be hidden in the "home," but not "on the person.

U.S. citizens who are at least 18 years old are allowed to transport firearms in a car, provided they are unloaded and stored in a locked container (not in the glove compartment!). Those who reside in the U.S. but do not hold U.S. citizenship may only transport firearms in a car on a direct route between locations with special exemptions (for example, from home to a shooting club where they are a member, or from the gun dealer where the firearm was purchased to the office they own).

Let's assume a store owner has a loaded gun in his drawer. If he drives home in the evening and wants to take the gun with him, he must remove the magazine with the bullets and place the gun in a portable, lockable box and lock it. When carrying both to the car, he must either carry the magazine with the bullets openly (otherwise it would be a violation of the "Concealed Gun Law," as the magazine is part of the weapon) or remove the bullets and lock the magazine in the box as well. Once home, the store owner is allowed to take the gun from the car into the house and load it there. However, he must ensure that his children cannot access it.

An unloaded firearm can, amusingly enough, be carried openly almost everywhere. One could easily march through downtown San Francisco with a Colt in an (open) cowboy holster--except in weapon-free zones like government buildings, schools, or airports. (Editor's note: This was the situation in 2003; since January 1, 2012, this is no longer the case. Governor Jerry Brown signed a law in October 2011 that equates carrying unloaded weapons with loaded ones.) However, if the weapon is loaded, you are not allowed to take it onto the street, even if you carry it openly. Rifles are not covered under the CGL, as they are very difficult to conceal under clothing, but they are covered under the LGL: No one is allowed to stand on the street with a loaded rifle.

Anyone openly carrying a weapon can be checked by the police at any time. This is usually prohibited for police officers in the USA -- if someone hasn't done anything wrong, no one is allowed to even ask for their ID. "Routine checks" like in Germany would be illegal. However, if a police officer sees someone carrying a weapon, they are allowed to check and ensure that it is not loaded.

What to do with the gun? You are allowed to defend your home, yourself, and other people against villains. It is important to note that there is no obligation to retreat if a confrontation could be avoided by doing so. However, you are only allowed to shoot if there is an immediate threat to the life and limb of individuals from the villain. If a thief is escaping through the window with a TV under their arm, it would be a crime to shoot after them. However, if the thief is attacking with a baseball bat, you are allowed to shoot.

The rules are very complicated and require precise legal abstraction to determine which regulation applies in which case. Hardly any resident of California (except perhaps the police and professional gun dealers) knows these rules exactly. I bought the now out-of-print book "How to Own a Gun in California and Stay Out of Jail" by John Machtinger, who compiled all the important facts back in 1999. Very nice!

For the pictures in the newsletter, I specifically bought two gun magazines from our local newsagent around the corner. To my astonishment, the tiny shop had a whopping ten different magazines. The seller said that he doesn't sell much in this neighborhood, and he always puts them on the top shelf so that small children can't reach them. He probably thinks I'm a gun enthusiast now, but I'll have to live with that.

• More topics you might be interested in:

  	Traffic lights in the space age
  	The translation of "Kalifornisches Kasperltheater" to English is
  	Topprodukt
  	How much longer?
  	The ailing pension system
  	The American school system
  	San Francisco Local: Subway to the Airport

  
  

• More topics you might be interested in:

  	Traffic lights in the space age
  	The translation of "Kalifornisches Kasperltheater" to English is
  	Topprodukt
  	How much longer?
  	The ailing pension system
  	The American school system
  	San Francisco Local: Subway to the Airport