My question is, if open carry is upheld in california, and you are carrying concealed but somehow someone sees your gun by accident (such as your shirt rides up when you bend over) and calls the police would you be facing charges for anything?
Would open carry provide any legal protections for ccw holders in california?
Too many assumptions and what-ifs to speculate on an answer to your query. Must wait to see what both the details of the carry laws (both concealed and not concealed) and any relevant court decisions to make a meaningful guess. Further, there is also the reality fo what cops in public choose to do in order to deal with that scenario.
Speaking hypothetically. Of course it would. As long as you are not brandishing. (Trying to intimidate someone with your gun)
@Tim266 ,
This is the first time you are posting.
It would be great if you Introduce yourself in the proper thread, so we know more about you before we give you an answers that will apply to you.
Have you read California Concealed Carry Laws?
There is always a clear explanation if firearm should be fully concealed or fully or partially concealed.
Depending how it is described you will or won’t be charged for making your handgun visible when your shirt rides up when you bend over.
And because of that description, It may or not be considered as brandishing.
Interesting question. In my opinion, one would think if you are a legal holder of a California issued conceal carry permit and are carrying concealed, open carry laws would be irrelevant when detained by law enforcement in this example. The concealed carry permit would be your “protection” and authorization to have that firearm on your person.
I’m not an attorney and this only my opinion in the matter.
IMO, in cali your still screwed no matter what. That state doesn’t care what a court says. Now some rural areas may be different.
Well technically you wouldn’t be facing charges for carrying a gun, but if you were doing something illegal you could be facing charges for that. Welcome to the community, enjoy the ride.
I’m afraid that could be a wrong assumption. In my state, open carry has always been legal without any permits. But, with concealed carry being made legal, things changed. If you are carrying concealed, no part of the firearm can be visible to the public. If you are carrying open, the entire gun/holster combo must be completely visible to the public. I don’t know if any cases have come from not abiding but they could by law.
Precisely why I corrected myself in the reply above yours which you probably didn’t have time to read. It’s a mixed up, muddled up, shook up world. The Kinks
Being from CA, one can only imagine the number of 911 calls law enforcement will receive from those ignorant of the law. I say this because my state is constitutional carry, yet 911 still gets a number of calls regarding “he’s got a gun”. Not so much from the locals, but tourists from states like CA. who aren’t used to such. If it does pass, I’d give it a little time for all concerned to reconcile how this will play out. I notice all too often that since we’re constitutional carry open or concealed that people get sloppy. CA is one of those places where they will look for any excuse to come after you. And remember that a lot of how it’s looked at depends on the Sheriff of the county you’re in on the degree of enforcement. Open carry attracts attention, and will make some who let’s say are more paranoid, to pay more attention. Keep concealed concealed. Don’t become a test case.
This 
From Sheriff’s application packet, I interpret this section, perhaps loosely because often I err on the side of caution, that failing to properly conceal is a failure to comply
Fail to comply with any reasonable restrictions or conditions the licensing authority imposes, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry a pistol, revolver, or other
firearm capable of being concealed on the person.
Start here
Welcome Tim266.
I hope things go your way, and wish you well.
IDK. But I think your post actually has a lot of sub topics within it worthwhile of discussion.
Do we think California would allow open carry?
Do we like or not like open carry in our own state?
Would we ever open carry if we were legally allowed to?
Is a small or big part of open carry actually a legal form of “brandishing” or “intimidating”?
Can intimidating actually be good to help stave off a threat?
My thoughts and opinions on it have changed. I used to think open carry was misused. But I also believe it can appropriately deter an assault, but I’d prefer to be subtle and and measured with it. I think there is a fine line where one can be vulgar about it.
However because that’s difficult to manage it seems up to the “owner” to decide how to act.
There have been times I could not open carry, but wished I could, when I was approached inappropriately by others borderline threatening me.
Because had I exposed it, I’d have to later call 911 just for that, in a non open carry state.
If in an open carry state, I’d not open carry most of the time, but I think I’d prefer the option of being able to - in case I’d have another close encounter, for safety - to mitigate an attack.
The last few years, I recently got into more fishing, camping, biking and in isolated areas. So this topic had me wondering about best practices.
I’m not sure of CA laws but if open carry is upheld they will change law to make it hard to open carry.
Here in MI, open carry is legal. Cool for those that want to but……if you get in a vehicle while open carrying the law states it is now concealed and you need a permit. Get caught in a car open carrying without a permit and you better get your lawyer on the phone.
They will come up with something where the won’t deny you your rights (after the courts stop them from trying to do so) so they will make it so hard you won’t want to