4th amendment and ccw

[Diggity650]

Does one having a CA CCW allow for local/State/Fed LEO to search your residence for firearms compliance? I ask because an acquaintance claims that if I were to get a CA CCW then I would be subject to home inspections by LEO. IMO that is a direct violation of my 4th amendment providing for protection from unreasonable searched and seizures.

[Librarian]

No.

[thospb]

Your acquaintance is mistaken.

[9incornerpocket]

As others have said...not accurate.

[RickD427]

Your friend is mistaken on a couple of grounds.

There is nothing about a CCW permit that authorizes a home inspection.

At the risk of oversimplifying a whole bunch of case law, for an LEO to search a residence, there has to be some source of legal standing. Most, but not all, sources of legal standing also require the officer to possess a search warrant.

Where a search warrant is needed, there must be probable cause that a crime has been committed. The simple possession of a CCW does nothing to establish the needed PC.

[thospb]

Perhaps the acquaintance was confused with a home-based FFL? If you have an FFL, BATFE can inspect the place of business without notice during business hours.

[Alexander831]

Thats FUD!

[kaligaran]

Perhaps the acquaintance was confused with a home-based FFL? If you have an FFL, BATFE can inspect the place of business without notice during business hours.

This. In addition, also having a RAW gives consent for home inspections IIRC.

[RickD427]

This. In addition, also having a RAW gives consent for home inspections IIRC.

Kaligaran,

Can you please back this statement up with a citation?

I believe that you're wrong on this point, and that some FUD is getting spread here.

The registration process for RAWs is contained in Penal Code section 30900. There is no authority granted to permit inspections as a result of registration.

[Dvrjon]

Perhaps the acquaintance was confused with a home-based FFL? If you have an FFL, BATFE can inspect the place of business without notice during business hours.

This. In addition, also having a RAW gives consent for home inspections IIRC.

STOP!!!! Please.

You've made the jump from CCW as a cause for home inspection to home-based FFLs and RAWs. There is no need to speculate on what might have been meant. The question asked was specific and the answer is "no".

Thanks.

JR

[kaligaran]

Kaligaran,

Can you please back this statement up with a citation?

I believe that you're wrong on this point, and that some FUD is getting spread here.

The registration process for RAWs is contained in Penal Code section 30900. There is no authority granted to permit inspections as a result of registration.

Sure, that's why I said IIRC. Took some googling to find but I believe the appropraite PC number is 31110.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=31001-32000&file=31100-31115

STOP!!!! Please.

You've made the jump from CCW as a cause for home inspection to home-based FFLs and RAWs. There is no need to speculate on what might have been meant. The question asked was specific and the answer is "no".

Thanks.

JR

Touchy! Sorry... jeez

[RickD427]

Sure, that's why I said IIRC. Took some googling to find but I believe the appropraite PC number is 31110.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=31001-32000&file=31100-31115

Touchy! Sorry... jeez

Kaligaran,

Thanks much for the quick response.

I think there is some FUD going on here. Not trying to be touchy, but I do want folks to have some assurance that officers aren't going to making entry into their homes to inspect their RAWs.

Please note that Penal Code section 31110 only allows inspection of persons who hold DOJ permits issued under section 31000.

A person possession a RAW is not issued a permit under section 31000 and therefore there is no applicability of section 31110. Registration is a completely different process and is governed by section 30900. (Note: The law does provide that if a person wishes to use their RAW outside of the authorized uses in the code, then they have to get a permit to do so under section 31000 and would then fall under the inspection requirements of section 31000).

[kaligaran]

Kaligaran,

Thanks much for the quick response.

I think there is some FUD going on here. Not trying to be touchy, but I do want folks to have some assurance that officers aren't going to making entry into their homes to inspect their RAWs.

Please note that Penal Code section 31110 only allows inspection of persons who hold DOJ permits issued under section 31000.

A person possession a RAW is not issued a permit under section 31000 and therefore there is no applicability of section 31110. Registration is a completely different process and is governed by section 30900. (Note: The law does provide that if a person wishes to use their RAW outside of the authorized uses in the code, then they have to get a permit to do so under section 31000 and would then fall under the inspection requirements of section 31000).

Rick, thanks for the info. Btw, the touchy comment wasn't intended for you.

Anyhow, I didn't know there there a difference between a 'permitted assault weapon' and a 'registered assault weapon'. I thought the permit was what you got after the registration.

Learning something new every day.

Thanks for the clarification.

(Edited for clarity)