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Concealed Carry Discussion General discussion regarding CCW/LTC in California |
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#201
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This is the response I received this morning from Metrolink. Looks like they're a no-go.
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Do not give in to evil, but proceed ever more boldly against it. |
#202
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The response you received from Metrolink is about what they want; not about the legality. Ultimately the legal answer to your question is whether or not Metrolink is a "common carrier." If they are, I don't think there is even an exemption for security guards as their response espouses. |
#203
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I agree with you and yes, I understand the difference. From your post, I infer that loaded or unsecured firearms are never allowed on "common carriers"? I'll do some research on that and post back here with their common carrier status.
However, given the above response I suppose the risk is you could be asked to get off at the next stop or risk trespassing, and wind up stranded somewhere. Could try to catch the next train to your destination I suppose, but it means a significant delay and I reckon the conductors would be way ahead of you on that. Radio travels fast.
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Do not give in to evil, but proceed ever more boldly against it. |
#204
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From post #1: Common carriers without written consent of the carrier. [18 U.S.C. § 922 (e)] |
#205
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What is a common carrier? Airline? Bus line? Train line?
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#206
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__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. ![]() |
#207
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Three areas to clarify if anyone has new info? Saw a couple notes but not sure.
For current CCW permit with no restrictions... and in each case assuming nothing is posted 1) City Council meetings (concerned might fall under any legislative office cite that follows: "The State Capitol, any legislative office, any office of the Governor or other constitutional officer...") from first list in this thread 2) Police department / Sheriff's office. Pretty sure it's legal, but is it enough of a gray area that should lock my gun in the car whenever there on business? 2) Child Care center (does this fall under schools or have it's own restrictions?)
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. "It's not the odds that guide me, it's the stakes." - Calguns Member Quote |
#208
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2. Local government issue. However, since law enforcement issues the CCWs and likes to know who has guns in the station house, calling ahead seems prudent. 3. Child Day Care is not included in school definitions. See http://wiki.calgunsfoundation.org/Gu...#Definitions_2 However, location is important. Example: Day care center in a federal building; no carry due to federal regulation. |
#209
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Thanks Dvrjon... I just hate trying to read these codes for fear of jumping to the wrong conclusions.
For #1 / City Council Thanks for the reference, I checked California Penal Code 171b. (a) then (b) where the LTC/CCW exclusion appears to be at (3)... if I'm reading it right of course. For #2 / PD/Sheriff's Office seems weird they would issue the license but exclude their own premises. Wish we had a case or code or quote/letter of some sort to reference there too. In part because it's become common for the PD to space-share with other departments and businesses. Anyone have something to add? For #3 / Child Care Center So, 18 US Code Sec 922 (a) (q) (2) (B) (ii) is the exemption for the LTC/CCW for schools? I could see an argument for child day care being a form of private school, so a school exemption seems to cover it better than day care not being specified. Last, I realize if in an "gray" area consistently it might be best to get a letter confirming a specific individual may carry there, but more individuals aware of the LTC/CCW increases the chance of third parties pointing to the LTC/CCW person and saying they should "do something" at a time when the LTC/CCW holder might believe a low profile would be more appropriate... or of the authority on-site refusing to issue a permission letter more due to personal bias against firearms than for legal reasons, and actually making it more of an issue than to not ask for the letter to begin with... Comments appreciated! Thanks.
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. "It's not the odds that guide me, it's the stakes." - Calguns Member Quote |
#211
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You shouldn't -- and asking for a letter or email clarification could seriously backfire so I should probably edit that out of my comment... Was just thinking of someone who is frequently working or traversing a "Gray Area" who does not want to risk being the "test case" in a legal action. If just keeping it concealed were the only criteria we probably wouldn't need this thread or a LTC/CCW anyway lol
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#212
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Read the Wiki, then read the Code. Repeat as necessary. If you have specific questions, post in the forums with a specific title. Quote:
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-"Letters": What you're suggesting would ultimately mean you'd be carrying a binder full of letters. If asked, most would say, "No", due to the potential liability of allowing access. Owners of property can set parameters for entering their premises. While you seem to require written instructions on exactly where and when you can carry, Some prefer less guidance and structure to the process to maintain some latitude on decisions regarding CCW. Cheers. Last edited by Dvrjon; 06-12-2014 at 6:27 AM.. |
#213
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Thanks for the info.
Just FYI, we are required to be in these three areas (the three I had questions about) multiple times per month which is why we appreciate the wiki info and thread. If it was a couple times a year would not bother the community asking for input, although if we wondered, perhaps someone else did too... avoiding the Police Department is understandable, but everyone should be at their City Council meetings ![]() Thanks again for taking time to share your thoughts and the code references. |
#214
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Like at John Wayne Airport, there is an ordinance that applies to Orange County parks, beaches, and recreation areas. Can not carry, but can be locked in trunk (separate from passenger area).
Sec. 2-5-37. Firearms, weapons, fireworks, replica firearms. No person shall have any fireworks, firearms, replica firearms, air gun, paint ball gun, BB gun, slingshot or bow or hunting arrow or any weapon in his possession or in his vehicle other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in any park, beach or recreational area, nor shall any person discharge any firearm, fireworks or weapon or display any replica firearm upon or into any park, beach or recreational area; provided, however, that the Director may designate areas in which such activity is permitted. (Ord. No. 99-21, § 2, 8-31-99) |
#215
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No signs on the door. (I checked later.) I am killing time playing Sudoku as he goes over some paperwork and I happen to notice a crappy 6th-generation photocopy crudely taped to some promotional signboard over by the TV and couches. I was across the room, so it was too far away for me to read it completely, but I could make out enough that it was prohibiting all weapons. I thought to myself, "How in the hell is a legitimate law-abiding person supposed to be notified by this?" Since I was carrying at the time, I didn't want to bring attention to myself by taking a picture of the sign. (The only people in the place were two recruiters, myself and my son.) When he was done, we left. Since the military leases it and the people working there are military types, I guess this would be a "Federal Facility staffed by Federal Employees". However, my question is: Does this constitute "POSTED PROHIBITED"? There is no way that someone walking in and directly sitting down to talk to a recruiter would be even capable of seeing this notice. |
#216
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#218
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I have been told that it is an unwritten policy in San Francisco tha anyone with a valid CCW will spend the night in jail. Their reason is that the SF Police Depthas limted personnel and cannot get to it until the following day.
Can anyone confirm this or have they exprerienced this? |
#219
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FWIW I have not set foot in SF without at least one gun on me in 4+ years. Never had any sort of issue.
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The statements above are mine alone and do not reflect the policies or positions of Folsom Shooting Club or Sacramento Valley Shooting Center unless otherwise noted. Quote:
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#222
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Yes, that's an easy one and straight from the OP: 18 U.S.C. § 922 (e) That's a federal statute saying you can't carry on a "Common Carrier" without their permission. Both Amtrak and Metro link are common carriers.
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Remember, you can post here because they died over there. www.BlackRiverTraining.com |
#223
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18 USC § 922 (e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm. |
#224
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OK, I admit that I had missed that part. If it doesn't cover intrastate travel, why include it in this thread?
Just to continue the thought though, since an entity like Amtrak is capable of traveling interstate as a regular part of its business, would that preclude carrying on an Amtrak train?
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Remember, you can post here because they died over there. www.BlackRiverTraining.com |
#225
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#226
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#228
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this thread is a great resource!!
thanks again!!
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The founding fathers did a wonderful thing when they included the second amendment to the constitution... Yes... and this! http://www.constitution.org/2ll/2ndschol/87senrpt.pdf Good Guys with Guns HERE |
#229
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I was looking for the code that says non-sterile areas of the airports in Orange County are off limits, but I'm coming up short. Does anyone know what code prohibits that?
Also, would being outside the building, but on airport property be considered a non-sterile area? I've never seen that area defined anywhere.
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#230
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An Ordinance Adopting the Codified Ordinances of the County of Orange, California. Quote:
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Note: The prohibition is "on" the airport, not "in" the airport. State law does not pre-empt local action in this area. See: PC 53071. Best. Last edited by Dvrjon; 11-17-2014 at 8:28 PM.. |
#231
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Definition by subtraction. We know what the 'sterile area' is: PC 171.5
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OC Ordinances, 21-5-53 say Quote:
An odd law - seems to prohibit lighters, matches, cigarettes, paper ...
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. ![]() Last edited by Librarian; 11-17-2014 at 8:14 PM.. |
#232
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Yes. See #5, at: http://www.lawa.org/uploadedFiles/Ai...ral_201112.pdf
Detail info is here: http://www.calguns.net/calgunforum/s...0&postcount=38 And, LAX also operates Ontario Airport, so expect the same. It should be noted that on another board, there is an attempt under way to get written confirmation for OCSD that the ordinance is not enforced at John Wayne Airport. Verbal contact with JWA law enforcement indicates they don't even know about the ordinance. Last edited by Dvrjon; 11-18-2014 at 9:49 AM.. |
#233
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I will soon submit for CCW out of San Joaquin County. In preparation, I have been doing some research regarding where I can/where I can't carry concealed. Specifically, I commute from my home in Tracy to work in the San Jose area, usually using the commuter rail service Altamont Corridor Express (ACE).
Posted on all ACE platforms is a reference to CPC 171.7b which states: Quote:
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My question, after all this, is how to de-conflict any apparent "common carrier" carry prohibitions, and statutory exemptions granted under CPC 171.7. Note: I have discussed this at length with a retired LEO, as well as a LEO that works for Santa Clara County DA, both of which carry on the train daily (I believe) and they concur with my conclusion.
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Be polite, be professional, but have a plan to kill everybody you meet. ~ Gen. James Mattis, USMC |
#234
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@JoshB exCorps:
Since you seem to have one-off access to the Santa Clara County DA, it might be helpful to see if your LEO friend can have an ADA run through your process. After all, they would be the first line of prosecution if your analysis contains a flaw. Best. |
#235
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So, I'm not sure I understand your question. Could you rephrase it please?
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Remember, you can post here because they died over there. www.BlackRiverTraining.com |
#236
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http://crimepreventionresearchcenter...un-free-zones/
"California (with approval of the superintendent)" I didn't see any of this in the pc??? pc262.9 (L)
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The founding fathers did a wonderful thing when they included the second amendment to the constitution... Yes... and this! http://www.constitution.org/2ll/2ndschol/87senrpt.pdf Good Guys with Guns HERE |
#237
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__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. ![]() |
#238
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The common carrier prohibitions I quoted are federal law, and in reference to Alcatraz ferries originally. It appears that your research indicates a state exemption to state laws regarding common carriers there is still the federal law to contend with. I honestly have no idea how/when/where/if federal law applies to common carriers in your example.
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The statements above are mine alone and do not reflect the policies or positions of Folsom Shooting Club or Sacramento Valley Shooting Center unless otherwise noted. Quote:
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#239
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__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. ![]() |
#240
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Update regarding Metrolink trains in SoCal. Still no love. Also I noticed last week that DHS and TSA are running baggage searches and dogs at some stations now.
From the Metrolink Customer Service dept, dated 1/30/2015: " Please know that, with the exception of peace officers wearing a Class “A” uniform, riders are not permitted to carry firearms on Metrolink trains or at train stations. "
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Do not give in to evil, but proceed ever more boldly against it. |
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