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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #1  
Old 08-18-2013, 8:47 AM
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TBS-POPS TBS-POPS is offline
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Default Vehicle carry

With a ccw, does a handgun have to be concealed in a vehicle if not on person while driving..

If I don't want to have it in my belt holster, covered, is it legal to have it in a holster mounted under steering column or on side of console while driving, uncovered??
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Old 08-18-2013, 9:47 AM
HappyCamper781 HappyCamper781 is offline
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If you have a CCW it's legal, if you do not have a CCW, it's not.
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Old 08-18-2013, 10:14 AM
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Legality is not the question, I know its legal. It's wether or not it has to be concealed in the car or not.

I'm not talking about throwing it up on the dash or on the seat in plain view but in a mounted holster, not on me, unconcealed in the car while driving.
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Old 08-18-2013, 2:01 PM
Dvrjon Dvrjon is offline
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With a CCW, it is legal to carry your permitted weapons openly in the vehicle.
That's not to say it's a good idea, and traffic stops might be fun, but it's not prohibited by statute.

Last edited by Dvrjon; 08-18-2013 at 2:04 PM..
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Old 08-18-2013, 11:57 PM
HappyCamper781 HappyCamper781 is offline
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Thanks for clarifying and spam posting this over and over.

You can carry on you concealed however you want with a CCW. That's the point of a CCW. On your person or in the car does not matter.
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Old 08-19-2013, 6:04 AM
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Openly is not CONCEALED! If a motorist or pedestrian sees it, calls it in, you are stopped, guaranteed Bye Bye to your CCW!!!
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Old 08-19-2013, 7:46 AM
Bob Hostetter Bob Hostetter is offline
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A CCW only allows you to carry a concealed weapon. If it is not on your person then the firearm must be in compliance with the laws concerning the transporting of any firearm. Unloaded/locked container/in the trunk? In this state open carry, loaded or unloaded is restricted to LEO's and certain security officers.
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Old 08-19-2013, 7:53 AM
mark11 mark11 is offline
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So who is right? HC and dvrjon or schoelles?

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Old 08-19-2013, 7:54 AM
Jimmckingwood Jimmckingwood is offline
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"If you have a CCW it's legal, if you do not have a CCW, it's not."

"Legality is not the question, I know its legal"

"With a CCW, it is legal to carry your permitted weapons openly in the vehicle"

I really wasn't aware that a CCW license provides a degree of legal LOC. Can you provide a link?
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Old 08-19-2013, 10:32 AM
jlbflyboy172 jlbflyboy172 is offline
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My understanding is that it doesn't have to be on your person but within your immediate control.
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Old 08-19-2013, 3:02 PM
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I hope I don't add more confusion but here is my input (though I am no expert).

I just went through the training with San Bernardino Co Sheriff Dept for my CCW. The deputy there said the CCW is valid only for the firearm on your person. If detached from you and in the car (i.e. under seat, in glove box, etc.) it is no longer a CCW and needs to be transported according to typical firearm transport law.

Perhaps it not a clear statute thing but it was presented to me as at least SBSD's interpretation and expectation and could potentially lead to my CCW being yanked if violated.
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Old 08-19-2013, 5:13 PM
jlbflyboy172 jlbflyboy172 is offline
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Would be good to get clarification here on the forum but it may be that it varies from county to county.
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Old 08-22-2013, 9:36 AM
b_madeiros b_madeiros is offline
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Quote:
Originally Posted by huntingvet View Post
I hope I don't add more confusion but here is my input (though I am no expert).

I just went through the training with San Bernardino Co Sheriff Dept for my CCW. The deputy there said the CCW is valid only for the firearm on your person. If detached from you and in the car (i.e. under seat, in glove box, etc.) it is no longer a CCW and needs to be transported according to typical firearm transport law.

Perhaps it not a clear statute thing but it was presented to me as at least SBSD's interpretation and expectation and could potentially lead to my CCW being yanked if violated.
Article 1. Crime of Carrying a Concealed Firearm

Section 25400.

(a) A person is guilty of carrying a concealed firearm when the person does any of the following:

(1) Carries concealed within any vehicle that is under the person' s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

(2) Carries concealed upon the 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 the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

#3 states a weapon is concealed when in a car which is what my ccw permit enables me to do. I have not read or anywhere that my ccw is only valid to exempt me from #1 and #2 but if i did #3 i would be breaking the law. Hope that is clear enough. I would assume that even if I am carrying concealed but say I was printing and people could see I had a gun even if it covered by my shirt it would not be wise....so don't leave your gun out in plain sight if its in the car.

Last edited by b_madeiros; 08-22-2013 at 9:44 AM..
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Old 08-22-2013, 9:50 AM
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Comes down to the LEO's call and the judges interpretation. Can you afford to defend it in court? Right or wrong you may still have to take time off work and pay for legal defense. I was also told it does not have to be on you but in your immediate control and concealed. So no laying it on the front seat under a towel with a passenger in the back. Also you cannot display your ccw in your vehicle in a mounted holster. Might fly if you drive a big rig and no one can see down into your vehicle but visible is a no-no. You could just hang a handkerchief or work rag over a mounted holster if you really wanted. As long as it's concealed no biggie.

I am not a lawyer. Do what you think keeps you out of jail.

Last edited by deckhandmike; 08-22-2013 at 9:55 AM..
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Old 08-22-2013, 12:19 PM
JB-Norcal JB-Norcal is offline
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It is my understanding that as a CCW holder I am exempt from the CW and LW laws limited to the weapons on my permit. I think they changed some of the PC's in the last few years. I suggest this http://www.gunlawpress.com/
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Old 08-22-2013, 1:22 PM
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Quote:
Originally Posted by huntingvet View Post
I hope I don't add more confusion but here is my input (though I am no expert).

I just went through the training with San Bernardino Co Sheriff Dept for my CCW. The deputy there said the CCW is valid only for the firearm on your person. If detached from you and in the car (i.e. under seat, in glove box, etc.) it is no longer a CCW and needs to be transported according to typical firearm transport law.

Perhaps it not a clear statute thing but it was presented to me as at least SBSD's interpretation and expectation and could potentially lead to my CCW being yanked if violated.
It's changed then because when I went through it they took time to explain how you can and cannot carry in your vehicle.

If you are alone in your car you can have it in the center console or glove box
If you have a passenger then you CANNOT have it in the center console or glove box
If you have a passenger in your car you can have it under your leg, theigh, groin, or butt
You can have it in a holster hidden from view mounted under your dashboard
If driving alone you can even have it on your front seat with a newspaper over it

Sometimes when I drive I put in the the driver door pocket.

The main issue is IN YOUR CONTROL. If it is flying around in the backseat then it is not in your control. If a passenger can reach it without touching you or crossing over you it's a no go.

This goes for women also. You cannot have your CCW weapon in your purse in the backseat, trunk or on your friends lap. This goes for men who carry in a briefcase.

I have a holster sewn into my diaper bag and when I am carrying that way I drive with the diaper bag between my legs.
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Old 08-22-2013, 1:54 PM
Calplinker Calplinker is offline
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This really isn't all that hard. If you have your LTC, then you can remove your gun from your holster (or off your body, however carried) and conceal it in your vehicle as long as it is in an area accessible to you and is under your complete control. Point of this is so that passengers in your vehicle would not be able to gain access to your weapon.

Are there exeptions? Of course there are. Good example would be when my wife is with me. She also has her LTC and we share some guns on our respective permits, though not ALL guns.

So....if the gun in the vehicle is one we share on our respective permits, AND if we are the only ones in the vehicle, we can have the gun concealed anywhere in the front seat area and it is okey dokey.

If she's carrying her one gun that isn't also on my permit, then she needs to have it under her personal control to where I do not have access. And, vice versa.

From a practical stand point, this almost never comes up with us as we both have very comfortable carry methods, so we just leave our weapons concealed on our bodies.

Key point in all this that remains consistent is that the weapon needs to remain out of sight. Concealed means just that and it makes no difference whether you are walking down the street, sitting in a restaurant, or driving your car.
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