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Gun Owners Wear Weapons, Politics In Plain View

Posted: 2:52 pm PST November 17, 2009Updated: 12:08 am PST November 18, 2009

For the past six months, 27-year-old David Julian has been walking around Sunnyvale and Cupertino carrying an unloaded Beretta 92 FS strapped to his leg. He is part of a national movement known as "open carry."

Julian and others say they're just exercising a constitutional 2nd Amendment right to bear arms.

"I think that if more people carried, you'd have a reduction in crime and I think that's an all around good thing," said Julian.

Advocates of "open carry" meet in public places such as this Cupertino Starbucks. When KTVU was there with a group, no one seemed to notice or care.

Even a police officer driving by failed to see the group drinking coffee outside with their weapons in plain sight.

Greg Harvey joined the movement two months ago and now carries his Glock 22 at his side at all times.

"There's a little sense of security. That's probably more why I do it and it's my right," said Greg Harvey.

In California, you can do it as long as the gun is in plain sight unloaded and in a holster.

"A person does have the legal right to carry a weapon; a firearm displayed openly on their person in a public place. Now we have to keep in mind that the weapon cannot be loaded and the ammunition cannot be attached to a gun in any way," explained Sunnyvale Police Capt. Doug Moretto.

But California law does allow bullets to be close at hand.

"Anytime a firearm is involved in a incident, the potential for that incident to escalate is there," cautioned Capt. Moretto.

David Julian said he carries more than a gun and ammo to protect his rights. "I also carry a video recorder in the form of an iPod so if I have to take video or something, I can do that."

In 1967, the Black Panthers showed up at the state legislature in Sacramento carrying loaded weapons. The legislature soon changed the law in response to limit open carrying to unloaded weapons.

The question of whether the openly carried weapons are loaded remains a serious issue for California law enforcement.

"Who's to say if that gun is actually loaded?" asked Santa Clara County Sheriff's Department Sgt. Rick Sung. "We don't know. That's why the officer is constantly making contact with these individuals."

At an appearance by President Obama in Phoenix this past summer, open carry advocates showed up with automatic weapons.

"How do we protect the public and ourselves in dealing with somebody who clearly has a firearm on their person," says Capt. Doug Moretto.

In Sunnyvale, officers have been issued clear-cut directives in accordance with state law.

The weapon can be inspected, but there can be no search for the gun's serial number. The open carrier cannot be within 1,000 feet of a school, on the grounds of a college or university, or in government buildings or secure areas of airports.

Also, people with drug or violent crime convictions or mental disorders cannot open carry.

David Julian said he is nervous when he is not carrying his gun and feels everyone should arm themselves.

"I think you increase the level of politeness. People aren't likely to yell obscenities or be rude if they think you are armed," said Julian.

During his interview with KTVU on the subject of open carry, Sunnyvale Public Safety Captain Doug Moretto pointed out a department memorial for fallen officers who were gunned down.

"We have a difficult time understanding the point of this. What value does this bring to the community right now?" asked Capt. Doug Moretto.

"If I felt my life was in danger, I'd protect myself," stated David Julian.

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