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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #1  
Old 01-13-2022, 3:51 PM
RLieu RLieu is offline
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Default What happens to your guns if CCW denied?

No criminal records, mental issues etc. nothing that would disqualify me from owning/possessing guns.

However, let's just say... CCW gets denied for some random reason - will my guns be taken away?
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Old 01-13-2022, 3:56 PM
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No.
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Old 01-13-2022, 4:00 PM
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Why would they confiscate your guns if you are not a prohibited person?


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Old 01-13-2022, 4:03 PM
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No.
Thanks!
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  #5  
Old 01-13-2022, 4:05 PM
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Why would they confiscate your guns if you are not a prohibited person?


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For some reason... my brain connected these 2 events together, not sure how it happened. LOL
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  #6  
Old 01-13-2022, 5:20 PM
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I'll be over tomorrow to collect your guns. Don't worry, I'll give you a receipt of transfer.
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  #7  
Old 01-13-2022, 6:09 PM
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Quote:
Originally Posted by RLieu View Post
No criminal records, mental issues etc. nothing that would disqualify me from owning/possessing guns.

However, let's just say... CCW gets denied for some random reason - will my guns be taken away?
Only if you get caught by a nice policeman with a big shiny badge carrying them concealed without a CCW permit.
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  #8  
Old 01-13-2022, 6:16 PM
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^
Isn't the first time a misdemeanor if they are registered to you?
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  #9  
Old 01-13-2022, 7:15 PM
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Originally Posted by Skip_Dog View Post
^
Isn't the first time a misdemeanor if they are registered to you?
It is so long as there are no other aggravating factors.
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  #10  
Old 01-13-2022, 9:08 PM
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^
Isn't the first time a misdemeanor if they are registered to you?
???
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  #11  
Old 01-13-2022, 9:45 PM
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Originally Posted by Skip_Dog View Post
^
Isn't the first time a misdemeanor if they are registered to you?
Yep so I gotta ask, when was the last time you were searched by a police officer? Not even going to waste my time on a CCW app. Ill risk the misd citation and probation but at least Im safe during my travels outside the house.
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  #12  
Old 01-13-2022, 10:15 PM
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Yep so I gotta ask, when was the last time you were searched by a police officer? Not even going to waste my time on a CCW app. Ill risk the misd citation and probation but at least Im safe during my travels outside the house.
It's probably still a good idea to get the CCW permit.

If you're caught carrying without the permit, and the weapon is registered to you, and there are no aggravating factors, it will only be a misdemeanor arrest. Whether you get physically booked into jail, or released on a citation, will be up to the discretion of the arresting officer. The max jail time is one year, but with a clean record it is unlikely that one would actually serve jail time.

Your fear is not only being searched by a LEO. I've seen quite a few folks get arrested for CCW when they get involved in traffic collisions, or suffer a medical emergency, and their weapon is discovered.

Conviction of CCW, or for carrying loaded, is not a prohibiting misdemeanor.

But your real problem is gonna be with the probation that will result from the conviction. Plan on one of the probation conditions being a prohibition on the possession of firearms, and plan on a couple of surprise visits from the probation department to go through your house and car to make sure you're in compliance. No warrant, or notice, is needed for a probation search.
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Last edited by RickD427; 01-13-2022 at 11:04 PM..
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  #13  
Old 01-13-2022, 10:16 PM
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Quote:
Originally Posted by Skip_Dog View Post
^
Isn't the first time a misdemeanor if they are registered to you?
yeah. Thank goodness….
Quote:
25400.(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, 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:
(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(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.
$1,000 and a year in jail used to mean something….
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  #14  
Old 01-13-2022, 11:09 PM
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Quote:
Originally Posted by pacrat View Post
Only if you get caught by a nice policeman with a big shiny badge carrying them concealed without a CCW permit.


Misdo or not, Booked, or Cite Release, or not. OP asked.

Quote:
will my guns be taken away?
So I'm stick'n with my original glib reply. Because no matter what. Your gun will be taken away, and chances of recovery will be [slim to none].
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  #15  
Old 01-14-2022, 8:22 AM
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Originally Posted by RickD427 View Post
It's probably still a good idea to get the CCW permit.

If you're caught carrying without the permit, and the weapon is registered to you, and there are no aggravating factors, it will only be a misdemeanor arrest. Whether you get physically booked into jail, or released on a citation, will be up to the discretion of the arresting officer. The max jail time is one year, but with a clean record it is unlikely that one would actually serve jail time.

Your fear is not only being searched by a LEO. I've seen quite a few folks get arrested for CCW when they get involved in traffic collisions, or suffer a medical emergency, and their weapon is discovered.

Conviction of CCW, or for carrying loaded, is not a prohibiting misdemeanor.

But your real problem is gonna be with the probation that will result from the conviction. Plan on one of the probation conditions being a prohibition on the possession of firearms, and plan on a couple of surprise visits from the probation department to go through your house and car to make sure you're in compliance. No warrant, or notice, is needed for a probation search.
Still not worried about it. If an officer wants to hook a former LEO and the DA wants to waste his time on that case then they can have at it. P&P can't even keep up with their compliance checks with serious offenders. With all the violent crime going on now I would hope they focus their attention where it's needed. At the end of the day, I know there is always that guy out looking to wow his brass with a misd gun stat. Looks good when they post the "look what we took off the streets!" photos to their social media....
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  #16  
Old 01-14-2022, 8:23 AM
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Originally Posted by robert101 View Post
I'll be over tomorrow to collect your guns. Don't worry, I'll give you a receipt of transfer.
LOL
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  #17  
Old 01-14-2022, 10:06 AM
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They won't take your guns but if DMV takes your drivers license they come and take away your cars, motorcycles, pick-ups, etc.













Okay not really but its the exact same principle.
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  #18  
Old 01-14-2022, 11:09 AM
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But if your CCW investigation turns up a reason that you are a prohibited person I expect you'll get a visit from the DOJ to pick up your guns.
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Old 01-14-2022, 2:29 PM
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As others have said, they cannot do anything to you if you are a law abiding citizen, if your CCW gets denied then that's just that. Not a good idea to carry without one though so if you get denied then I suggest you don't to avoid any legal trouble.
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Old 01-14-2022, 9:23 PM
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But if your CCW investigation turns up a reason that you are a prohibited person I expect you'll get a visit from the DOJ to pick up your guns.
I am only assuming that mine gets denied because of insufficient good cause, perhaps I am too safe to be needing one. Things like that.
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Old 01-14-2022, 9:24 PM
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As others have said, they cannot do anything to you if you are a law abiding citizen, if your CCW gets denied then that's just that. Not a good idea to carry without one though so if you get denied then I suggest you don't to avoid any legal trouble.
Yeah right. Never would carry without a permit, that is why I am applying one.
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Old 01-15-2022, 1:25 AM
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Yeah right. Never would carry without a permit, that is why I am applying one.
Exactly, the worst type of trouble you could get yourself into is legal trouble.
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Old 01-17-2022, 9:56 AM
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When are they ever going to ease up the CCW requirements in LA County?
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Old 01-17-2022, 11:29 AM
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Originally Posted by RLieu View Post
No criminal records, mental issues etc. nothing that would disqualify me from owning/possessing guns.

However, let's just say... CCW gets denied for some random reason - will my guns be taken away?
It might not seem like much of a stretch to wonder, if I apply and get denied, do I get some kind of a flag on my record? Something that shows future gun grabbers that I expressed my desire to exercise my constitutional rights, so come get mine first? Or maybe something that pops up on a computer during future traffic stops, "search this guy for weapons, failed CCW applicant."

More than a few have probably wondered about this. I know that I considered it after I got a postcard from the NRA saying (in effect) "your county is issuing CCW permits, might consider applying..."

OP I don't know what county you are in but one thing which got me off the fence and helped me apply wisely was a free pre-CCW class. I took it pre-plandemic, so I was in a classroom, but they do it online now, usually once each month. The next one is on January 28. You need to register, but I can't see any downside to this, since it is entirely online and free.

I had a lot of questions. Fortunately for me when I took the class there was only a small group and I got to ask the lawyer who teaches that class pretty much everything I was thinking about. I went in thinking to inform my decision not to apply, and I came out with my decision to make an application ASAP firmly resolved. I also gained some wisdom regarding what to include in my good cause statement, which meshed well with the due diligence I did in searching/reading my county forum here on CalGuns. I have no idea how much searching you've done here, but I would encourage you to do some due diligence here and elsewhere. Here, you can find threads where folks have discussed wise and unwise elements of good cause statements, such as this (particularly post #31), this, and this. I'm sure others can be found. Other forums can also be good for research.

Before I applied, I figured that the CCW was maybe a waste of money, and that it would probably just flag me for early admission to future gulags, but then I got it, and there were riots, a couple of convicted felons moved very near to where I live, and so on. In hindsight I was most appreciative of that free class, because it did clarify things for me, and allowed me to comfortably make an informed decision. And I did go with Artemis for my training.
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Old 01-17-2022, 11:37 AM
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Quote:
Originally Posted by socal m1 shooter View Post
It might not seem like much of a stretch to wonder, if I apply and get denied, do I get some kind of a flag on my record? Something that shows future gun grabbers that I expressed my desire to exercise my constitutional rights, so come get mine first? Or maybe something that pops up on a computer during future traffic stops, "search this guy for weapons, failed CCW applicant."

More than a few have probably wondered about this. I know that I considered it after I got a postcard from the NRA saying (in effect) "your county is issuing CCW permits, might consider applying..."

OP I don't know what county you are in but one thing which got me off the fence and helped me apply wisely was a free pre-CCW class. I took it pre-plandemic, so I was in a classroom, but they do it online now, usually once each month. The next one is on January 28. You need to register, but I can't see any downside to this, since it is entirely online and free.

I had a lot of questions. Fortunately for me when I took the class there was only a small group and I got to ask the lawyer who teaches that class pretty much everything I was thinking about. I went in thinking to inform my decision not to apply, and I came out with my decision to make an application ASAP firmly resolved. I also gained some wisdom regarding what to include in my good cause statement, which meshed well with the due diligence I did in searching/reading my county forum here on CalGuns. I have no idea how much searching you've done here, but I would encourage you to do some due diligence here and elsewhere. Here, you can find threads where folks have discussed wise and unwise elements of good cause statements, such as this (particularly post #31), this, and this. I'm sure others can be found. Other forums can also be good for research.

Before I applied, I figured that the CCW was maybe a waste of money, and that it would probably just flag me for early admission to future gulags, but then I got it, and there were riots, a couple of convicted felons moved very near to where I live, and so on. In hindsight I was most appreciative of that free class, because it did clarify things for me, and allowed me to comfortably make an informed decision. And I did go with Artemis for my training.
I can't think of any mechanism where a past denial of a CCW Permit application would become known to a LEO making a traffic stop. Issued CCW information goes into the Automated Firearms System database, and from there can be easily recovered by LEO's, but denied permit applications are not entered into the AFS.

News media organizations have made previous attempts to access CCW issuance records, and have had some success. All of the efforts that I'm aware of were directed toward permits that were issued, but the same efforts could be made for denials. Instead of having the nice officer who stops you for speeding asking about your guns, you may find the Channel 7 News Van parked in front of your house asking the same question.
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Old 01-17-2022, 11:48 AM
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Originally Posted by RickD427 View Post
I can't think of any mechanism where a past denial of a CCW Permit application would become known to a LEO making a traffic stop. Issued CCW information goes into the Automated Firearms System database, and from there can be easily recovered by LEO's, but denied permit applications are not entered into the AFS.
Agree, but I'm not trained as an LEO or a lawyer, and have no special knowledge of all the various databases out there and how well they play with each other. To members of the great unwashed masses such as myself, it seems entirely plausible that integration of these information feeds is proceeding apace, particularly in the future leftist utopia of CA, and if it is not reality now, how long until it becomes reality? Just 'cause a person is paranoid doesn't mean there are not nogoodniks out to get them.

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Originally Posted by RickD427 View Post
News media organizations have made previous attempts to access CCW issuance records, and have had some success. All of the efforts that I'm aware of were directed toward permits that were issued, but the same efforts could be made for denials. Instead of having the nice officer who stops you for speeding asking about your guns, you may find the Channel 7 News Van parked in front of your house asking the same question.
Don't forget leftist-run academia.
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