Carrying without a Permit/License in California

14132 Views 10 Replies 11 Participants Last post by Risasi, May 20, 2006

BenGoodLuck

Discussion Starter · May 19, 2006

The following is from packing.org in the California section:

Date updated: Jul 29, 2005 @ 9:42 am

California law has a gray area, a de facto quasi-right-to-carry. The state law provides that carrying a concealed weapon (including a knife or blackjack) is a FELONY, however, a clear exception exists. If you are carrying a gun (not a knife!) AND it was legally purchased AND it is registered to you AND you are not a gang member (yes, there is a statutory definition of gang member) AND it is your first such arrest, then concealed carry is a misdemeanor. A typical fine is $200.

Hypothetically (I'm not advocating breaking the law), it seems that a law abiding citizen can carry a concealed handgun and the only risk is a misdemeanor and a fine. Anyone have any practical knoweldge of this "gray" area? What's the level of the misdemeanor?

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acparmed

· #2 · May 19, 2006

Yes, I have some experience with this. I DO NOT advocate anyone attemping to do this, but when I was much younger I was arrested in LA for carrying a Walther PPK/S.

The final score was one lost Walther, a $100.00 fine and 6 months of summary probation.

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Weeg

· #3 · May 19, 2006

Don't tempt fate in Kalifornistan...

The Kaliban will put you away

:icon_neutral:

.

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Redneck Repairs

· #4 · May 19, 2006

NOT a real good idea imho , at the least you will be charged , at the most you can serve time in a place you dont want to be , all that and the fact you just donate a fine firearm to no good cause , move out of state to a shall issue state before you try this is my idea

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Forstr

· #5 · May 19, 2006

Just playing devil's advocate here, but someone carrying in this jurisdiction doesn't fit the definition of "law abiding"...not saying I would refrain, mind you...just throwing that out there.

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Rhome

· #6 · May 19, 2006

I was sitting in a court room once ( spectator ) when a gentleman was brought before the judge for the same offence, according to his lawyer it was his first offence and the judge did fine him , ( I don't remember how much ) and he was prohibited from owning a firearm for 10 yrs as part of his sentence / probation. that happened in a Staislaus Co. court house ( in Modesto CA. central valley ). It's not worth carrying concealed in CA unless your lic. to do so, IMHO.

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rstickle

· #7 · May 19, 2006

Seeing how far you can "bend" the law is never a good idea. Not to mention that most of the time you lose. :nono:

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ssssthesnake

· #8 · May 19, 2006

i lived in modesto and now more than ever a verry liberal place now that the bay area has flooded it with trans plants i.e. comuters from sf it is a minor infraction but can lead to jail time also you will never get a permit after that now a baton or black jack or auto opener knife are all feloneys

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Macattack

· #9 · May 20, 2006

up here in washington its so easy to get a permit. Seems like a whole nother country down there! The people get arrested for trying to defend themselves against criminals. I would be very tempted to carry anyway, but i think i would move instead. (not to washington though, its getting crowded.)

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swiftyjuan

· #10 · May 20, 2006

Oddly enough, I grew up in Modesto, and when I moved back there after living in another county where I could get a permit (Merced), I applied for one in Stanislaus (Modesto). The sheriff captain that I talked to asked if my life had been threatened. I said no. He said I couldn't get a permit. I asked him if he thought that if my life were threatened, would bother asking him for a permit ? He was less than cordial. Madera county is far different, but San Francisco is spreading here too...

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Risasi

· #11 · May 20, 2006

In NE the letter of the law is loaded open carry anywhere, no problem. Except Omaha, municipal codes deny even this without "training". The state statutes also read "it's unlawful to carry a concealed weapon", but they make justifiable defense for such things as "you are at your home, or going about your lawful business, you were threatened, it was prudent for you to do so at the time". So I used to carry open or concealed all the time, whatever I felt like at the moment. Usually I'd just toss a handgun in the car on the seat.

Anyway that was ten years ago. Nowdays people have become uptight and I don't really blame them. Especially LEO. They have to deal with some pretty insane people. That's why I have decided to make sure all my paperwork is in order, I figure it just makes a lot of sense now to go a little extra to prove you aren't the bad guy. Makes it easier for you, and gives the officer piece of mind.

Maybe some day common sense will prevail again, and we can take the Bill of Rights literally, but I doubt it. Until then (if then) it's best to handle yourself a bit more prudently.

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