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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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Old 09-13-2021, 8:47 PM
dangerranger dangerranger is offline
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Default Is carry prohibited at a truck terminal?

I was at a CCW class and the instructor pointed to one of his slides on prohibited places. One line said Truck Terminal. I asked about this and he did not have a reference. But did add that a Terminal is anyplace that houses, garages, or maintains a Commercial truck.
I did find that definition under BIT inspections, but no mention of a firearm prohibition.
Under that definition anywhere I could park a truck could be a terminal! Truck stop, gas station, parking lot, or even the back of Walmart!
First of all does anyone know of this prohibition to be true? And if it is where would I find it and the definition of a "Truck Terminal"? Thanks all, DR
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Old 09-13-2021, 9:09 PM
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Seems like FUD to me.

May be prohibited on premises in terms of private property, but “No Gun” signs have no force of the law.
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Old 09-13-2021, 10:00 PM
dangerranger dangerranger is offline
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I have not heard of this prohibition, But that has not stopped me from being wrong either. This is a pretty wide forum, If its there someone will have heard about it! And the good thing about this site is usually they can point me to the actual law! DR
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Old 09-13-2021, 10:46 PM
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See the sticky, http://www.calguns.net/calgunforum/s...d.php?t=338205

Never heard of a 'truck terminal' being a carry-free zone in itself.
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Old 09-14-2021, 6:55 AM
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I don't think he gave the correct definition to the class. Since 9/11 truck terminals at ports have come become high security zones, much like sterile areas at an airport.

Ten or so years ago I had an interview with BNSF PD at their Oakland terminal, and since I did not have a TWIC card security was similar to an airport gate with walk through detectors. Which seemed kind of stupid since I could have had anything in my truck, and all they checked was the underside with a mirror. They did have the big drive through scanners for big rigs though.
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Old 09-14-2021, 7:44 AM
dangerranger dangerranger is offline
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I could see treating the freight areas of a terminal that are secured, like the sterile area of an airport. But what got my curiosity up was the idea that anywhere a truck could be could be called a terminal! That would cover a lot of territory! DR
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Old 09-17-2021, 11:43 AM
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Penal Code 171.5
(a) For purposes of this section:
(1) “Airport” means an airport, with a secured area, that regularly serves an air carrier holding a certificate issued by the United States Secretary of Transportation.
(2) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations.
(3) “Sterile area” means a portion of an airport defined in the airport security program to which access generally is controlled through the screening of persons and property, as specified in Section 1540.5 of Title 49 of the Code of Federal Regulations, or a portion of any passenger vessel terminal to which, pursuant to the requirements set forth in Sections 105.255(a)(1), 105.255(c)(1), and 105.260(a) of Title 33 of the Code of Federal Regulations, access is generally controlled in a manner consistent with the passenger vessel terminal’s security plan and the MARSEC level in effect at the time.
(b) It is unlawful for any person to knowingly possess, within any sterile area of an airport or a passenger vessel terminal, any of the items listed in subdivision (c).
(c) The following items are unlawful to possess as provided in subdivision (b):
(1) Any firearm.
(2) Any knife with a blade length in excess of four inches, the blade of which is fixed, or is capable of being fixed, in an unguarded position by the use of one or two hands.
(3) Any box cutter or straight razor.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any imitation firearm as defined in Section 417.4.
(8) Any frame, receiver, barrel, or magazine of a firearm.
(9) Any unauthorized tear gas weapon.
(10) Any taser or stun gun, as defined in Section 244.5.
(11) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(12) Any ammunition as defined in Section 16150.
(d) Subdivision (b) shall not apply to, or affect, any of the following:
(1) A duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer.
(2) A person who has authorization to possess a weapon specified in subdivision (c), granted in writing by an airport security coordinator who is designated as specified in Section 1542.3 of Title 49 of the Code of Federal Regulations, and who is responsible for the security of the airport.
(3) A person, including an employee of a licensed contract guard service, who has authorization to possess a weapon specified in subdivision (c) granted in writing by a person discharging the duties of Facility Security Officer or Company Security Officer pursuant to an approved United States Coast Guard facility security plan, and who is responsible for the security of the passenger vessel terminal.
(e) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(f) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision.
(g) Nothing in this section is intended to affect existing state or federal law regarding the transportation of firearms on airplanes in checked luggage, or the possession of the items listed in subdivision (c) in areas that are not “sterile areas.”

Penal Code 171.7
(a) For purposes of this section:
(1) “Public transit facility” means any land, building, or equipment, or any interest therein, including any station on a public transportation route, to which access is controlled in a manner consistent with the public transit authority’s security plan, whether or not the operation thereof produces revenue, that has as its primary purpose the operation of a public transit system or the providing of services to the passengers of a public transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire.
(2) “Sterile area” means any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority’s security plan.
(3) “Firearm” has the same meaning as specified in subdivision (a) of Section 16520.
(b) It is unlawful for any person to knowingly possess within any sterile area of a public transit facility any of the following, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from possession of these items:
(1) Any firearm.
(2) Any imitation firearm as defined in Section 417.4.
(3) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any unauthorized tear gas weapon.
(8) Any undetectable knife, as described in Section 17290.
(c)(1) Subdivision (b) shall not apply to, or affect, any of the following:
(A) A duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(B) A retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(C) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(D) A qualified law enforcement officer of another state or the federal government, as permitted under the Law Enforcement Officers Safety Act pursuant to Section 926B or 926C of Title 18 of the United States Code.
(E) Any person summoned by any of the officers listed in subparagraphs (A) to (C), inclusive, to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer.
(F) A person who is responsible for the security of the public transit system and who has been authorized by the public transit authority’s security coordinator, in writing, to possess a weapon specified in subdivision (b).
(2) Paragraph (1) of subdivision (b) does not apply to or affect a person who is exempt from the prohibition against carrying a handgun pursuant to Section 25400 if the carrying of that handgun is in accordance with the terms and conditions of the exemption specified in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 or Sections 25615 to 25655, inclusive.
(3) Paragraph (7) of subdivision (b) shall not apply to or affect the possession of a tear gas weapon when possession is permitted pursuant to Division 11 (commencing with Section 22810) of Title 3 of Part 6.
(d) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(e) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision.
(f) This section does not prevent prosecution under any other provision of law that may provide a greater punishment.
(g) This section shall be interpreted so as to be consistent with Section 926A of Title 18 of the United States Code.
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  #8  
Old 09-17-2021, 8:38 PM
dangerranger dangerranger is offline
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At first I was beginning to think this was just FUD. But after talking to a couple people at the CHP, the Cal Department of transportation [CDOT] and then Homeland Security, It seems that there is a provision of the Patriot Act That allowed them to secure passenger terminals, air ports etc... This also includes the secure areas of Entry Ports and.... Truck Terminals! But only the secure portions. The person I talked to at CDOT called Homeland Security , He said if they fax him the actual document he will pass it to me.
But the gist was If I'm not passing through a security gate, with big signs telling you not to enter with a firearm, Then it would just be a private property issue!
Just a truck stop by itself is not a secure area. Thanks All! If I get that document I'll post it here! DR
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