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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #1  
Old 12-27-2012, 11:41 AM
jemrey81 jemrey81 is offline
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Default LTC and school... little confused

It seems like everything that I have found is pointing towards "ltc holders are exempt from the gun free school zone" and can carry their permitted gun in school zones (unless specifically noted on their ltc).

Am I understanding that correctly? Any other stipulations?

Couple of questions.

Let's say that I have my concealed permit and want to be a volunteer at my kids school.... I have to go in for a live scan in order to be approved to volunteer, so will the school officials be notified that I have the permit? Can they possibly not allow me to volunteer or ask me to not come on campus with my gun? Could they put restrictions on how I volunteer (like driving classmates for field trips)? Can they do that legally? If I am asked to not be on campus with it and am caught with it somehow, is it a legal matter... more severe than let's say getting caught in a Safeway that has a "no guns" sign on the door?
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  #2  
Old 12-27-2012, 11:43 AM
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see PC 626.9(l)

http://www.leginfo.ca.gov/cgi-bin/di...ile=626-626.11
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Old 12-27-2012, 11:47 AM
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You are understanding that correctly.

I have no idea if the volunteer background check would show the LTC, nor, if it did, if that would be reported.

But once you become someone 'under their control', even as a volunteer, they get to set the conditions. Their control is limited to what you do, or do not do, as a volunteer.

'Is it a legal matter' if you don't obey their conditions? I don't know. With LTC, if the condition you disobey is to carry, the behavior itself is not illegal, unlike, say, doing drugs on a field trip with the kids.
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Old 12-27-2012, 2:28 PM
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Nice, thanks for the info and clarification guys!
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Old 12-27-2012, 9:35 PM
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Remember, concealed is just that. I don't think going for live scan will alert the school. I have had to do live scan several times for different things which would indicate that they don't share information between entities. What they don't know won't hurt them. I volunteer at my kids school and I carry at all times.
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Old 12-28-2012, 5:47 AM
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Legal to do so, under CA & Federal laws.
But, doing so may violate school policy.
Which equates to, if they find out you can get unemployed/fired/terminated.
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Old 12-28-2012, 7:51 AM
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Default Legal

Quote:
Originally Posted by Quiet View Post
Legal to do so, under CA & Federal laws.
.
This is absolutely correct. It is 100% legal, and I do it multiple times per week dropping off and picking up my kids.

If your issuing agency puts a restriction that is actually printed on your permit that says otherwise, then you must obey or risk losing your license should they ever find out (extremely unlikely).

Given that both the Federal and state GFSZ statues define the "zone" as an area extending 1000 feet from school property, it makes perfect sense that we must be exempt.

Without this exemption, we would be in violation almost constantly when doing nothing more than driving our vehicle through town. Schools are everywhere. Heck, I live within 100 feet of one. While my property is exempt, the street in front of my home is not.

If we weren't exempt, I'd be in violation walking to the mailbox and every other time I stepped off my property.
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Old 12-28-2012, 10:47 AM
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Quote:
Originally Posted by Calplinker View Post
This is absolutely correct. It is 100% legal, and I do it multiple times per week dropping off and picking up my kids.

If your issuing agency puts a restriction that is actually printed on your permit that says otherwise, then you must obey or risk losing your license should they ever find out (extremely unlikely).

Given that both the Federal and state GFSZ statues define the "zone" as an area extending 1000 feet from school property, it makes perfect sense that we must be exempt.

Without this exemption, we would be in violation almost constantly when doing nothing more than driving our vehicle through town. Schools are everywhere. Heck, I live within 100 feet of one. While my property is exempt, the street in front of my home is not.

If we weren't exempt, I'd be in violation walking to the mailbox and every other time I stepped off my property.
A clarification: LTC exempts you pretty much anywhere in public (prohibited areas excepted), so the zones are not the issue - it's the actual school property where there is a specific exemption for LTC holders.
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Old 12-28-2012, 12:02 PM
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Quote:
Originally Posted by Quiet View Post
Legal to do so, under CA & Federal laws.
But, doing so may violate school policy.
Which equates to, if they find out you can get unemployed/fired/terminated.
I can't help but to think that California's pre-emption law would give protection to an employee with an LTC. IANAL & YMMV!
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Old 12-28-2012, 12:12 PM
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Originally Posted by Kid Stanislaus View Post
I can't help but to think that California's pre-emption law would give protection to an employee with an LTC. IANAL & YMMV!
Nope. No criminal charges likely to stick, but administrative action - demotion, loss of job - would be upheld.
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Old 12-28-2012, 10:14 AM
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"Let's say that I have my concealed permit and want to be a volunteer at my kids school.... I have to go in for a live scan in order to be approved to volunteer, so will the school officials be notified that I have the permit?"

No. Livescan is used to develop and provide criminal history background checks (see OAG website: http://oag.ca.gov/fingerprints). It does not provide a history of purposes for previous Livescan checks.

Cheers.

JR
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  #12  
Old 12-28-2012, 10:50 AM
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Quote:
I have had to do live scan several times for different things which would indicate that they don't share information between entities.
I don't know about that. I do know they want their fee. 6 livescans and counting, here, and no appreciable change in my situation from 12 years ago.

Live SCAM might be a better title.
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Old 12-28-2012, 2:25 PM
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Quote:
Originally Posted by paul0660 View Post
I don't know about that. I do know they want their fee. 6 livescans and counting, here, and no appreciable change in my situation from 12 years ago.

Live SCAM might be a better title.
Agreed. I have about 5. I asked the question once before and they said no info sharing. Who knows if that is true or not. I did live scan for the school to volunteer and I have heard nothing from the school regarding CCW.
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  #14  
Old 12-28-2012, 3:52 PM
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I doubt the school gets that info. Very seriously doubt it. If they did, all they'd care about is that you don't carry while volunteering--and they almost certainly would take that stance. You may find a rural district here and there in CA that wouldn't, but those would be few and far between. It is less a political/philosophical issue with them than a perceived liability issue, at least at the district level.
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Old 12-28-2012, 7:43 PM
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I've been LiveScammed over 10 times for various and sundry purposes and the info is not shared. The only time you would be in any kind of jeopardy at any of the authorities who have required you to be scammed is if you were convicted of a crime. However, every entity for which you have been scammed would be notified upon conviction.
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Old 01-13-2013, 4:00 AM
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I volunteer at my children's school. Their application for parent volunteers only ask for basic information and request that you have a TB clearance. No mention of firearms!
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Old 01-15-2013, 2:00 PM
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I do not know about sharing live scan with the school. I do know that for clearances above Secret they will be shared or found however you care to look at it. I can also tell you that when a juvenile judge tells you after your 21 birthday if you have not been in any other trouble you do not have to report this incidents This statement may hold water until you have that clearance above secret then I would suggest mentioning the juvenile information.
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