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View Full Version : Can husband and wife use same gun on CCW


rtlltj
10-20-2010, 9:48 PM
CCW applications state that the firearms you want to carry must be registered to the person applying for a CCW. Does this mean that a husband and wife cannot both use a shared list of pistols for CCW?

example: Wife owns a revolver that husband wants to also occasionally CCW with permit.

gobler
10-20-2010, 10:07 PM
I believe if both go through the process and obtain a CCW then the gun can be shared by the married couple. (It's what my wife and I are thinking of doing)

wildhawker
10-20-2010, 10:09 PM
Registration is an illegal requirement. I would suggest discussing the specific application in the appropriate county's Calguns CCW Initiative Forum (http://www.calguns.net/calgunforum/forumdisplay.php?f=116) thread.

El Gato
10-20-2010, 10:14 PM
depends upon the county... and what wildhawker said...

kern No...
others maybe...

El Gato
10-20-2010, 10:22 PM
Doh...
dup post

ColdDeadHands1
10-20-2010, 11:18 PM
This is an excellent question. When my time comes in Santa Clara County, I have three CCW gun options registered to me. I would also like to share with my wife, when her time comes soon after. :D

johnthomas
10-20-2010, 11:56 PM
Carry at the same time? I want to see that, lol. If your going thru all the trouble of getting a CCW, why not get a second gun?

the_quark
10-21-2010, 2:57 AM
Carry at the same time? I want to see that, lol. If your going thru all the trouble of getting a CCW, why not get a second gun?

Well, I could certainly imagine a couple with (say) two Sig P232s for carrying, identical pistols. Would be nice if you weren't committing a felony if you grabbed the wrong one out of the safe, wouldn't it...?

tenpercentfirearms
10-21-2010, 5:51 AM
depends upon the county... and what wildhawker said...

kern No...
others maybe...

I spoke directly to the Kern County SO and they said they don't check that. So the answer I received was yes. Parents to kids no, but spouses they didn't care.

joe_sun
10-21-2010, 6:01 AM
Carry at the same time? I want to see that, lol. If your going thru all the trouble of getting a CCW, why not get a second gun?

One reason I can think of is that every now and then I like to have a beer with dinner or when at a friends house. This would allow us to go out with me carrying and then if offered a beer instead of saying no I could just pass the gun to her and she could stick it in her purse with hers.

DParker
10-21-2010, 8:21 AM
My wife and I have the exact same guns on our permits. No problem in my county. Nor do they require that the weapons be registered. Most of ours are not.

winnre
10-21-2010, 8:24 AM
Put the gun in a Trust maybe?

jbolton
10-21-2010, 8:31 AM
San Joaquin no. Guns must be registered to the ccw permit holder.

nhanson
10-21-2010, 9:45 AM
This may not be the best idea.....the SD's don't check however,

12025. (a) A person is guilty of carrying a concealed firearm when
he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section is
punishable, as follows:
(1) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(3) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
(6) By imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment if
both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded as defined in subdivision (g) of Section 12031.
(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.

11106 (c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
Section 12084 or any other law, as to handguns and maintain a
registry thereof.

Looks to me like a single handgun can only be registered by one individual, marriage meaning nothing however, I'm not a attorney.
Maybe one of the CG attorneys can jump in here?

ColdDeadHands1
10-21-2010, 9:53 AM
What if the handgun was purchased legally prior to registration requirements? Can you CCW a handgun that you legally own but is not registered?

nhanson
10-21-2010, 9:59 AM
What if the handgun was purchased legally prior to registration requirements? Can you CCW a handgun that you legally own but is not registered?

I believe so, since your sheriff submits the gun serial number to DOJ when ever you add or delete a firearm. Surprise surprise your "non registered gun" is now registered!

mej16489
10-21-2010, 9:59 AM
This may not be the best idea.....the SD's don't check however,


(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
Looks to me like a single handgun can only be registered by one individual, marriage meaning nothing however, I'm not a attorney.
Maybe one of the CG attorneys can jump in here?

12025 is completely moot with a 12050 Concealed License.

winnre
10-21-2010, 10:12 AM
So can you NOT ccw a gun listed on a trust?

nhanson
10-21-2010, 10:20 AM
12025 is completely moot with a 12050 Concealed License.

Curious, where in 12050 is the exemption to 12025? Also, 12025 does not reference 12050.

This is an example of our confusing CA gun laws, just trying to locate "A OK" reference in the PC

OleCuss
10-21-2010, 10:28 AM
I've been told that, in fact, the Sheriff cannot legally require that your CCW be registered at all.

Due to my memory being fallible and the possibility that I'm mis-stating what they said, I won't say who. But very knowledgeable.

wildhawker
10-21-2010, 10:36 AM
What if the handgun was purchased legally prior to registration requirements? Can you CCW a handgun that you legally own but is not registered?

Yes.

the_quark
10-21-2010, 11:28 AM
I've been told that, in fact, the Sheriff cannot legally require that your CCW be registered at all.

Due to my memory being fallible and the possibility that I'm mis-stating what they said, I won't say who. But very knowledgeable.

Legally, this is true. As it stands right now with Sheriffs having lots of "Oh hey I think this sounds like a good idea" policies, there are a lot of offices that are currently trying to impose this rule. We're working on getting this cleaned up, but it's going to take time, and, frankly, our focus right now is more on getting the really big stuff cleaned up, first.

OleCuss
10-21-2010, 11:47 AM
Legally, this is true. As it stands right now with Sheriffs having lots of "Oh hey I think this sounds like a good idea" policies, there are a lot of offices that are currently trying to impose this rule. We're working on getting this cleaned up, but it's going to take time, and, frankly, our focus right now is more on getting the really big stuff cleaned up, first.

I agree with your focus on something else. It's not that big a deal to just register the firearm and be done with it.

Plus, if the pistol is registered and such it is my understanding that being registered reduces some "wobble" if you are accused of certain offenses.

the_quark
10-21-2010, 1:05 PM
Plus, if the pistol is registered and such it is my understanding that being registered reduces some "wobble" if you are accused of certain offenses.

The only thing I'm aware of is if you're charged with carrying a concealed weapon (which isn't to say there isn't more, but that's all I know). So, if you're carrying something actually on your 12050 license, anyway, there shouldn't be much of an issue one way or another.

coyotek
10-21-2010, 4:26 PM
In El Dorado County, they required the guns listed on my CCW be registered in my name. No sharing here.

GrizzlyGuy
10-21-2010, 5:47 PM
Curious, where in 12050 is the exemption to 12025? Also, 12025 does not reference 12050.

This is an example of our confusing CA gun laws, just trying to locate "A OK" reference in the PC

The exemption is in 12027 (http://law.onecle.com/california/penal/12027.html):

Section 12025 does not apply to, or affect, any of the
following:...

(j) The carrying of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person who is authorized to
carry that weapon in a concealed manner pursuant to Article 3
(commencing with Section 12050).

GrizzlyGuy
10-21-2010, 5:55 PM
Plus, if the pistol is registered and such it is my understanding that being registered reduces some "wobble" if you are accused of certain offenses.

Yes, it not only needs to be registered but must be registered to YOU (and not your wife) to avoid an enhanced penalty or the crime being charged as a felony vs. a misdemeanor. 12025 (http://law.onecle.com/california/penal/12025.html)(b)(6) & 12031 (http://law.onecle.com/california/penal/12031.html)(a)(2)(F) are two examples that I can think of, and other sections may have something like this as well.

mej16489
10-22-2010, 2:28 PM
Curious, where in 12050 is the exemption to 12025? Also, 12025 does not reference 12050.

This is an example of our confusing CA gun laws, just trying to locate "A OK" reference in the PC

12027(j) is the exemption to 12025 for weapons on the 12050 license.

Mad Scotsman
10-22-2010, 4:06 PM
I have my CCW and I was told by Butte Co. SO that I should qualify and put on my CCW my wife's firearm, in case she leaves it in the car and runs into the store, I am legal to carry her gun.

marcusrn
10-22-2010, 7:58 PM
In SD county I have a gun on CCW that my wife bought and gave me 15 yrs ago which was reg to her as well as ones reg to me.

Hdawg
10-22-2010, 11:21 PM
In Stanislaus county I believe the SO requires the gun to be registered to you or your spouse.

wildhawker
10-22-2010, 11:40 PM
In Stanislaus county I believe the SO requires the gun to be registered to you or your spouse.

That might be true, temporarily... see http://calgunsfoundation.org/index.php/news/152-ccw-initiative