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Old 05-31-2008, 7:52 PM
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Decoligny Decoligny is offline
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Quote:
Originally Posted by Librarian View Post
re the DOJ letter, saying in part I guess those 'many jurisdictions' might be misinterpreting 12025(b) by reading 'concealed' as 'concealable'. I would like to think a court would find that incorrect. I certainly do not know of any other statute that could even be warped into what Brent suggests 'many jurisdictions' may be doing, but that's one of the reasons one hires an attorney instead of an internet board poster.
Even if they were misreading it as concealable, it still uses states

(b) Carrying a concealed firearm in violation of this section is punishable, as follows:
...
(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.
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