Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-04-2012, 10:28 PM
wweigle wweigle is offline
Senior Member
 
Join Date: Feb 2012
Posts: 770
iTrader: 0 / 0%
Default California legal CCW holder carry location quastion?

I frequently go to our local swap meet which is held on private property on Saturdays and Sundays. I have two friends with County issued CCW permits, one a regular vendor, and the other just a regular shopper, and I have a couple of questions regarding carrying at this location, as someday I hope to have a permit. What raised this question is the recent posting of several new rules at the entrances to the property, including the statement that "No handguns are allowed". My two questions are under California CCW law does this make a CCW permit invalid at this location? My second question pertains to the vender at the Swap Meet that has a CCW and has a permanent location at the site, paying rent on a monthly basis. I do not know what is in their monthly agreement, or if it is a lease. The question is does this permanent location, not withstanding any language in their lease that specifically relates to weapons restrictions, and the sign at the front gate, qualify as a place of business for them, and does it give them the right to carry a firearm like any other permanent business location, keeping in mind the owner of the business also has a CCW. Appreciate any appropriate input on these situations regarding California Law. Thanks!
Reply With Quote
  #2  
Old 06-04-2012, 10:48 PM
EBR Works's Avatar
EBR Works EBR Works is offline
Vendor/Retailer
 
Join Date: Dec 2007
Location: Prescott, AZ
Posts: 9,304
iTrader: 107 / 100%
Default

The posting of restrictions like this on private property do not invalidate an individual's carry permit. The owners of the property could ask the carrier to leave. Should the carrier refuse, they could potentially be arrested for trespassing.
__________________


Check out our e-commerce site here:

www.ebrworks.com

Now serving you from Prescott, AZ

Last edited by EBR Works; 06-04-2012 at 11:33 PM..
Reply With Quote
  #3  
Old 06-04-2012, 11:31 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 36,368
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
My two questions are

(1) under California CCW law does this make a CCW permit invalid at this location?

(2) My second question pertains to the vender at the Swap Meet that has a CCW and has a permanent location at the site, paying rent on a monthly basis. I do not know what is in their monthly agreement, or if it is a lease. The question is does this permanent location, not withstanding any language in their lease that specifically relates to weapons restrictions, and the sign at the front gate, qualify as a place of business for them
(1) No. Nothing in CA law addresses signage. Some LTC issuers have restrictions on the LTC they issue that require respecting such signs.

(2) Can't tell. It isn't 'location' so much as 'ability to exclude the public from the business, to some degree' that appears to determine the extent of the 'business' carry; with LTC, probably doesn't matter.
__________________
The Legislature is in recess. We're immune from most further mischief until the next session begins, late December 2017.

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #4  
Old 06-06-2012, 4:17 PM
wweigle wweigle is offline
Senior Member
 
Join Date: Feb 2012
Posts: 770
iTrader: 0 / 0%
Default Thanks!

Thanks to those that responed to my question, very helpful!
Reply With Quote
  #5  
Old 06-06-2012, 4:26 PM
winnre's Avatar
winnre winnre is offline
Calguns Addict
 
Join Date: Apr 2010
Location: IE, Southern CA
Posts: 9,229
iTrader: 10 / 100%
Default

There are signs in federal building like Social Security that say No handguns allowed including CCW holders.
__________________
"If Jesus had a gun he would be alive today"-Homer Simpson
Reply With Quote
  #6  
Old 06-06-2012, 7:33 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 36,368
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by winnre View Post
There are signs in federal building like Social Security that say No handguns allowed including CCW holders.
True; Federal law is a limitation, but the original post asked about CA law, so that's the context for the answers.

See also the sticky in the LTC forum -- http://www.calguns.net/calgunforum/s...d.php?t=338205
__________________
The Legislature is in recess. We're immune from most further mischief until the next session begins, late December 2017.

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 6:04 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.