View Full Version : CA - does a person lose gun rights for illegal CCW?

03-29-2009, 1:18 PM

I just want to clarify what happens if a person is arrested for illegal CCW.


1. The gun is registered to the owner.
2. No other laws were broken.
3. Clean record.

My understanding is that the first offense is a misdemeaner. It is also my understanding that this misdemeaner is not a prohibiting misdemeaner.

I am trying to sort internet fact from internet fallacy. I have read that the probation that a person would receive would prevent that person from owning a weapon during the time of probation. So, in effect, that makes the violation a prohibiting misdemeaner.

Any opinions?


03-29-2009, 1:20 PM
you are a prohibited person for a length of time yes.

03-29-2009, 1:25 PM
what he said

03-29-2009, 1:29 PM
..and its usually 2 misdemeanors - loaded and concealed...

..and you will lose the gun involved...

03-29-2009, 1:52 PM
A friend of mine was arrested for carrying concealed without a permit in Orange County back in 2002.

He plead no contest to two misdemeanors.
1. PC 12025(a)(2)
2. PC 12031(a)(1)

His handgun (Russian Makarov) was confiscated & destroyed, he paid a $900 fine and was given 3 years probation.
Probation stipulated that he could not own/possess/use firearms and ammunition.

03-29-2009, 2:26 PM
Thanks Quiet. That is exactly the type of information I was looking for.

If you don't mind me asking, how did he get caught?

Did he have to sell his guns?

03-29-2009, 3:14 PM
Thanks Quiet. That is exactly the type of information I was looking for.

If you don't mind me asking, how did he get caught?

Did he have to sell his guns?

He was riding in a car leaving a party.
LEOs parked near party, followed car.
LEOs then pulled over car for matching description of a suspect vehicle involved in a "shots fired called".
LEOs had all occupants exit car and were patted down for weapons.
He was arrested, booked and released after 6 hours in jail.

Prior to going to court, lawyer told him they could fight the charges but it'll end up costing him $10,000+ in legal fees. Since, he did not have that kind of money on hand, he opted for a public defender. Public defender got him no more jail time, fine and probation.

After court, he sold his other firearm (Ruger Mini-14) to abide by probation requirement and to help pay off his fine.

03-29-2009, 3:23 PM
money- is everything. 10K usually is what it costs to get yourself out the right way. Public defender is a da pawn. There is one technique: you can always fire your public defender and it'll go on his permanent record. If you can, fire the second too for lack of experties in the case. You can dodge this bullet untill the judge realizes you know what you're doing. Most likely a slap on the wrist if no priors. if faced with life and death ( threats, bad situation, you transport money or valuables )....I'd take carry and face the fine.
Remember: you may never have to use a gun to protect your life but to have that opportunity - you need to carry it your whole life.

03-29-2009, 3:29 PM
Seems these days that the 'settlement' or punishment for unpapered CCW involves loss of gunrights for some time period.

However at least first incidence is not on list of prohibiting misdemeanors.
(2nd incidence IIRC could be charged as felony.)

03-29-2009, 3:42 PM
It is odd that it is not listed as a prohibiting misdemeanor. However, the probation that you would get for the first violation would prohibit you from owning a firearm for a period of time. I just love California logic! Here is what I found on Bruce Colodny's site. He is a lawyer in CA that specializes in this:

What Are The Penalties For Carrying Without A CCW License?

Depending upon the circumstances, you can be charged with either misdemeanor or felony violations. If you are charged only with misdemeanor offenses, the maximum penalties are one year in the county jail and/or a $1,000 fine. Note, that certain circumstances (for example, a prior conviction) can result in imposition of a three month minimum jail sentence. If you are charged with a felony offense, the maximum penalty is three years in state prison. Even if only misdemeanor charges are filed, conviction may subject you to up to three years of probation with conditions prohibiting you from possessing firearms and subjecting you to search on demand.

It confirms what Quiet and others have said in this thread.

M. D. Van Norman
03-29-2009, 5:27 PM
For the record, one cannot lose a right. Just ask an armed felon.