I guess I have to go into a little detail. I may not agree with all the laws pertaining to firearms in California, but it is not my job to debate the merits of the laws. I let the lawyers do that in a court of law in front of a judge.
If this incident occurred in California, there are four options in this case:
1. The subject has a concealed weapons permit but is displaying a loaded firearm in a public place. The key word is "concealed". Obviously the firearm wasn't concealed. This is a violation of the conditions of the issuance of the permit. The firearm and the permit would be returned to the issuing agency. The subject would then have to go to the issuing agency to discuss this incident, and a determination would be made for the return of the firearm and/or the permit.
2. The subject has a concealed weapons permit, but the loaded firearm is not a listed firearm on Section B of the permit. In California you can only carry the firearms specifically listed in Section B of the permit. If the loaded firearm is not listed, then he is in violation of the California Penal Code. The next time he sees the gun will be in court, and he will be known as the defendant.
3. The subject does not have a concealed weapons permit, is carrying a loaded firearm, and displaying the firearm in public. He is in violation of the California Penal Code, and he will be a defendant.
4. The subject does not have a concealed weapons permit, but is displaying an unloaded firearm in public. There is no longer open carry of an unloaded firearm permitted in California. He is in violation of the California Penal Code, and he will be a defendant.
Again, I don't agree with all the firearms laws in California. Some of them are just plain silly, but I am not paid to determine the merits of the laws. It is not my job to determine if anyone in violation will be prosecuted. That's the job of the District Attorney's Office. I would not be justifying my pay check if I chose to ignore the laws that I disagree with, and I sure don't want to ever be in front of a review board explaining why I chose to ignore an incident like this.
I was told many years go that we have the freedom to do whatever we want, but there are consequences for the choices we make. If this incident had occurred in California, there would have been consequences for the choices that this subject had made.