Quick question

[SoCal50Lover]

I'm not a paranoid kinda guy. I would walk thru a mall with an AR-15 if it were legal. But just out of curiousity let's say you have a CCW permit and you drive to a free state. YOur carry weapon is in the trunk. You pull it and put it in your holster but someone see's you do it. If they were to panic and call LEO could I be charged with brandishing a firearm AND if so do you think it would stick. May be a silly ??? but hey you never know.

[paintballergb]

Why not just leave your gun in the holster and then just put the holster on.

[Jon1911]

Does CA even issue CCWs anymore? And if they do, would any other state in their right mind honor it?

Open-carry is explicitly prohibited in Oklahoma right now, so that's at least one free state where you'd have to keep it under wraps.

[Casual Observer]

Brandishing requires more than just having the firearm visible.

Besides, if you're in a state that liberally issues CCW, you'd be surprised at how people tend to shrug that kind of thing off.

[hawk1]

Why must this been done in public view? Can't you be a bit more discreet than that? I would think from the time it left your trunk and before it was concealed on your person, a person could believe you were brandishing. Keep in mind, the person observing you has no clue what you are doing. That person only sees a gun going from the trunk to being hidden in your pants.
All it takes is a phone call. If your weapon had been concealed, then how would the person reporting a 'man with a gun' know about it?
This is all more trouble than just being discreet to start with.

[SoCal50Lover]

I'll give you a for instance. Say you have a Utah CCW. YOu live in Cali and drive to AZ. You stop at a gas station just over the border. There you transfer your weapon from the trunk to your holster. That's why it has to be done in public. Would it be better to have it in a bag and take it into the mens room and put it in your holster there? Seems like needless sneaking around to me. Maybe the question in general is a mute point since carry states are "immune' to seeing guns in public.

[Miltiades]

Suggestion

The "problem" is easily managed. Keep the gun in a locked case in the trunk while leaving CA. Once in the Arizona filling station parking lot, park your car away from other cars, on the edge of the lot. Get your locked case out of the trunk and get back in your car. Then below window level, with nobody near your car, take out the gun, load it, put on the holster, and insert the loaded gun.

I have actually done this quite a few times, and it works well.

[tmuller]

I have an AZ CCW and do this. I take the locked container into my vehicle at the gas station. Inside the locked case is my pistol in a holster already. I simply place the holster on my person while still inside my car. I'll also remove a mag or speed loader from where ever that may be and slip it in my pocket as I'm taking my locked container into my car to do the transfer.


BTW; LOC is legal in AZ and you could technically pull it out and slap it on your hip no problem but the reason I have a CCW is to be discreet.

[pleeds]

Hi Joe:

Disclaimer: I am not an attorney and I'm not trying to practice law. The following information can be found at "Find Law for Professionals".

Here's the CA Penal Code, Section 417 (a) regarding "Brandishing":

417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses a deadly weapon other
than a firearm in any fight or quarrel is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than 30
days.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail for not less than three
months and not more than one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for not less
than three months.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a rude,
angry, or threatening manner, or who, in any manner, unlawfully uses
any loaded firearm in any fight or quarrel upon the grounds of any
day care center, as defined in Section 1596.76 of the Health and
Safety Code, or any facility where programs, including day care
programs or recreational programs, are being conducted for persons
under 18 years of age, including programs conducted by a nonprofit
organization, during the hours in which the center or facility is
open for use, shall be punished by imprisonment in the state prison
for 16 months, or two or three years, or by imprisonment in a county
jail for not less than three months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, and who knows, or reasonably
should know, by the officer's uniformed appearance or other action
of identification by the officer, that he or she is a peace officer
engaged in the performance of his or her duties, and that peace
officer is engaged in the performance of his or her duties, shall be
punished by imprisonment in a county jail for not less than nine
months and not to exceed one year, or in the state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than three
months nor more than one year.
(e) As used in this section, "peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) As used in this section, "public place" means any of the
following:
(1) A public place in an incorporated city.
(2) A public street in an incorporated city.
(3) A public street in an unincorporated area.