carry without ccw permit

[silversleeper]

Hello CCW Experts,

I did a search on here with these keywords but nothing came up that would help me out: "carry without ccw permit"

What are the fines and penalties if you get caught carrying without a CCW Permit?

Some people carry because of the everyday Urban threats. For example the Gang Bangers/thugs carry illegal guns all the time and that puts them with the advantage. As you see in the news some races more than others are involved in Robberies/shootings/killings than others, so how is a law abiding citizen suppose to protect themselves and their family because they were not issued a CCW? As I stated above the Gang Bangers/thugs can care less about the rules and regulation and everytime (rarely gets got and goes to trial) I have never seen any of them ever charged with carrying a stolen gun without a permit, carrying a illegal firearm that has been modified, (example like a full auto Ak47)=FEDERAL TIME in some cases a felon in possession for a firearm.=FEDERAL TIME However if a law abiding citizen that has bought their gun legally based the background check and may or maynot have extensive training with their carry firearm gets caught with carrying their firearm without a CCW permit the judges throw the book and the fines are outrageous. I would love to hear your thoughts/comments regarding this and a law abiding Citizen carrying for self defense of him/herself and their family without a CCW Permit.

[Sapperforward]

If you are non prohibited and the gun is otherwise legal it's 2 misdemeanors, concealed carry without a permit, and loaded carry without a permit. It will also cause at a minimum probation, a 10 year ban on firearms and will pretty much guarantee you will never get a ccw permit.

If you are caught in a school zone (1000 feet), are a prohibited person, it's a second offense or the gun is not registered to you it is a felony. If it becomes a felony you lose guns for life and see the inside of a prison. Schools are everywhere.

Of course their will be massive legal fees involved as well for both the misdemeanor charges as well as felony charges. Misdemeanors can be up to a year in county jail, a felony will send you to state prison for more than a year.

[seasnake]

Really your second post is about illegal activity . Dont do it .

[SkyHawk]

The short of it is this: If you are just carrying without any intention of committing an additional crime or not in the process of committing a crime, AND the pistol IS REGISTERED TO YOU, then it is a misdemeanor [PC25400(c)(7)] the FIRST time you are caught, and after that it is a felony. If the gun is not registered to you, it can be charged as a felony. If it is a stolen gun and you had reason to believe it was, then felony. If you are a gang member, then felony. If you are in the process of committing a crime etc, then definitely felony.

If you get caught in a prohibited place like a gun free school zone (1000 feet from the OUTER BOUNDARY of any school grounds, public private or church school) it is a federal felony.

And obviously getting caught will cost you a lot of $$, and likely ruin your chances of ever getting a CCW permit in CA. If you get charged for the felony version of carrying without a permit, then you might kiss your gun rights away forever.

PC25400

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=25001-26000&file=25400

More info:

http://www.calguns.net/calgunforum/showthread.php?t=807817

http://www.calguns.net/calgunforum/showthread.php?t=610576

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.
(b) A firearm carried openly in a belt holster is not concealed
within the meaning of this section.
(c) Carrying a concealed firearm in violation of this section is
punishable as follows:
(1) If the person previously has been convicted of any felony, or
of any crime made punishable by a provision listed in Section 16580,
as a felony.
(2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.
(3) If the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
(5) If the person has been convicted of a crime against a person
or property, or of a narcotics or dangerous drug violation, 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 imprisonment
and fine.
(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.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, 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 imprisonment and fine.

[silversleeper]

ok, thanks for the info.
but like I said my concern is that the Thugs/gangbangers to care about the law or you and your family. How are we supposed to protect ourselves and family members? Even though it is highly illegal for us as legal gun owners my feelings are that we should be able to even out the playing field. My question is if your life was threatened by one of these thugs how would you defend yourself and that of your family if they happened to be there?

[SkyHawk]

ok, thanks for the info.
but like I said my concern is that the Thugs/gangbangers to care about the law or you and your family. How are we supposed to protect ourselves and family members? Even though it is highly illegal for us as legal gun owners my feelings are that we should be able to even out the playing field. My question is if your life was threatened by one of these thugs how would you defend yourself and that of your family if they happened to be there?

short answer - we need to vote out the democrats who control our state. They want to manufacture gun criminals out of you and me, they don't care about people who are already criminals. They don't have this problem in TX, AZ, NV etc - in fact most states are shall issue for CCW. https://en.wikipedia.org/wiki/Concea..._United_States

[Loubot10]

I believe that's a ten year ban on not just buying (as sapperforward stated above), but a state imposed ten year suspension of your right to own a firearm.

Again, I could be wrong but that would result in your being placed on the "confiscate firearms with prejudice" list and an early morning visit by some LE in full tactical.

[wpod]

OPs points were the argument for Constitutional Carry in AZ.
Criminals are carrying illegally putting the law-abiding at a lethal disadvantage

Sent from my SM-N910V using Tapatalk

[SkyHawk]

I believe that's a ten year ban on not just buying (as sapperforward stated above), but a state imposed ten year suspension of your right to own a firearm.

Again, I could be wrong but that would result in your being placed on the "confiscate firearms with prejudice" list and an early morning visit by some LE in full tactical.

I do not believe a simple violation of PC25400 results in a ban of any type if it is a misdemeanor. Last time I checked, a misdemeanor violation of PC25400 strangely was not prohibiting. But the second time you get busted for PC25400 violation, it is a felony it doesn't matter how good of a guy you are or if you were sitting in church with no intention of robbing anyone [PC25400(c)(1)].

See page 2 but as noted on the doc, it may not show all prohibiting misdemeanors http://oag.ca.gov/sites/all/files/ag...hibcatmisd.pdf

The actual PC that prohibits for certain misdemeanors is PC29805. Maybe you can spot it here but I see it skips from 25300 and goes to 25800, not mentioning 25400. Of course a felony violation of 25400 is lifetime prohibiting unless it was a 25400(5) or 25400(6) wobbler and you get no state prison time and then later get it reduced by a judge to misdemeanor [PC17(b)].

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=29001-30000&file=29800-29830

29805. Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, paragraph (1) of subdivision (a) of
Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,
245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or
830.95, subdivision (a) of former Section 12100, as that section read
at any time from when it was enacted by Section 3 of Chapter 1386 of
the Statutes of 1988 to when it was repealed by Section 18 of
Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or
Section 27510, or Section 8100, 8101, or 8103 of the Welfare and
Institutions Code, any firearm-related offense pursuant to Sections
871.5 and 1001.5 of the Welfare and Institutions Code, or of the
conduct punished in subdivision (c) of Section 27590, and who, within
10 years of the conviction, owns, purchases, receives, or has in
possession or under custody or control, any firearm is guilty of a
public offense, which shall be punishable by imprisonment in a county
jail not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
section. However, the prohibition in this section may be reduced,
eliminated, or conditioned as provided in Section 29855 or 29860.

[silversleeper]

WOW, thanks for all the information... That is a lot to digest. I very much appreciate it. but what I want to know as I stated in the my original post if the thugs and gang bangers never get charged with possession of a stolen gun/modified gun or felon in possession they rarely get charged for those offense. That is what I am having the hardest time understanding. Depending on what part of California Random Shootings, Robberies with a Firearm or Assault with a Firearm are up at the highest levels in history. A lot of these crimes a being committed by kids that seem to be 21 years of younger and if they pull a gun on you they are most likely to use it. How are we supposed to level the playing field based on that information and scenario?

The short of it is this: If you are just carrying without any intention of committing an additional crime or not in the process of committing a crime, AND the pistol IS REGISTERED TO YOU, then it is a misdemeanor the FIRST time you are caught, and after that it is a felony. If the gun is not registered to you, it can be charged as a felony. If it is a stolen gun and you had reason to believe it was, then felony. If you are a gang member, then felony. If you are in the process of committing a crime etc, then definitely felony.

And obviously getting caught will cost you a lot of $$, and likely ruin your chances of ever getting a CCW permit in CA. If you get charged for the felony version of carrying without a permit, then you might kiss your gun rights away forever.

PC25400

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=25001-26000&file=25400

More info:

http://www.calguns.net/calgunforum/showthread.php?t=807817

http://www.calguns.net/calgunforum/s...d.php?t=610576

[Sapperforward]

Learn karate,buy pepperspray, a taser or apply for a permit. Or take the risk. If you get caught the government is going to disarm you for the next ten years and than your even more exposed. Or if it's upgraded to a felony you will be disarmed for life.

Apply for a permit if you want to carry. If you live in an area where you can't get one than move. It's cheaper than the legal fees if you get caught.

[silversleeper]

Exactly. That is the point I am trying to make... Thanks

OPs points were the argument for Constitutional Carry in AZ.
Criminals are carrying illegally putting the law-abiding at a lethal disadvantage

Sent from my SM-N910V using Tapatalk

[silversleeper]

In my area City/County there have been only 2 active permits issued and one is under review for a renewal. So for people in my area it is Virtually impossible to get a CCW, but again it does not deter the criminals from Carrying and shooting innocent people. Great example many, many tourist in San Francisco were robbed at Gunpoint this past summer on Lombard Street, (suspect punk teenagers) Also same crimes committed at Pier 39 as just some of the examples

Pepperspray, taser, apply for a permit. Or take the risk. If you get caught the government is going to disarm you for the next ten years and than your even more exposed. Or if it's upgraded to a felony you will be disarmed for life.

Apply for a permit if you want to carry. If you live in an area where you can't get one than move. It's cheaper than the legal fees if you get caught.

[Sapperforward]

In my area City/County there have been only 2 active permits issued and one is under review for a renewal. So for people in my area it is Virtually impossible to get a CCW, but again it does not deter the criminals from Carrying and shooting innocent people. Great example many, many tourist in San Francisco were robbed at Gunpoint this past summer on Lombard Street, (suspect punk teenagers) Also same crimes committed at Pier 39 as just some of the examples

Sounds like you need to move than. The law won't be changing any time soon.

Sent from my secret bunker using Tapatalk

[silversleeper]

I was born and raised here 45+ years I am not going to move because of some punk kids/gang bangers/thugs and the most outrageous thing about this is some of them yell BLM, but nobody else's matters. I guess based on what you guys are saying going to have to do what I have to do. On the same hand those bastards need to be charged for the crimes they commit and let the law abiding citizens live their lives without the fear of being assaulted/murdered.

Sounds like you need to move than. The law won't be changing any time soon.

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