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Felony for CCW?

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  • jakemccoy
    Member
    • Dec 2007
    • 186

    Felony for CCW?

    On another forum, a guy claiming to be a Constitutional law professor thought that a reasonable compromise for California CCW laws is (1) make CCW licenses "shall issue" and (2) make carrying concealed without a license a felony.

    I cannot wrap my mind around making an otherwise law-abiding citizen a felon for carrying concealed without a license. I consider carrying concealed a RKBA.
    175
    Yes.
    0%
    10
    Yes, that's a reasonable restriction.
    0%
    16
    No.
    0%
    88
    No, there are already plenty of other laws for related felony charges.
    0%
    61
    Life memberships NRA & SAF.
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  • #2
    Moonclip
    Veteran Member
    • Jan 2004
    • 4390

    I think carying w/o a license can be charged with a felony in certain cases even now.
    .22short .22lr .22mag .25acp .32acp .32H&Rmag,.35rem .30carbine
    7.62x25Tok 7.62x38r .380acp .38S&W .38spl 9x18Mak 9mmPara .35rem
    9mmLargo .38super .357mag .40S&W 10mm .41mag .44spl .44mag
    .45acp .45LC 6.5Carcano 7.7Japanese 7.62x54r 6.5Swede,6.5x54r
    .30-40Krag 7.5French 8x57Mauser .223Rem 7.62x39 .410bore .30-30
    20ga 12ga .303British 8x56r 7.5x55Swiss .30-06...

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    • #3
      jakemccoy
      Member
      • Dec 2007
      • 186

      The question is SHOULD it.

      I'm strongly opposed to this idea.
      Life memberships NRA & SAF.
      Click here to see my awesome pro-gun videos on Youtube!

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      • #4
        Moonclip
        Veteran Member
        • Jan 2004
        • 4390

        I don't think there should be any or very few gun laws. I doubt many who post here would say otherwise. Preaching to the choir.
        .22short .22lr .22mag .25acp .32acp .32H&Rmag,.35rem .30carbine
        7.62x25Tok 7.62x38r .380acp .38S&W .38spl 9x18Mak 9mmPara .35rem
        9mmLargo .38super .357mag .40S&W 10mm .41mag .44spl .44mag
        .45acp .45LC 6.5Carcano 7.7Japanese 7.62x54r 6.5Swede,6.5x54r
        .30-40Krag 7.5French 8x57Mauser .223Rem 7.62x39 .410bore .30-30
        20ga 12ga .303British 8x56r 7.5x55Swiss .30-06...

        Comment

        • #5
          timmerk
          Junior Member
          • Apr 2008
          • 46

          I'm confused. In your first post, you say carrying concealed WITH a license would be a felony???

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          • #6
            jakemccoy
            Member
            • Dec 2007
            • 186

            Originally posted by timmerk
            I'm confused. In your first post, you say carrying concealed WITH a license would be a felony???
            typo, fixed it
            Life memberships NRA & SAF.
            Click here to see my awesome pro-gun videos on Youtube!

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            • #7
              tkoden
              Junior Member
              • May 2008
              • 60

              Concealed Carry without a permit should be a felony. However, I think it should be much easier to get your CCW permit. If you can prove your profiecency with a weapon theres no reason that you should not be able to carry one. I don't want the average Joe picking up a gun and carrying it in his waste band because he wants to be cool like his favorite action star. Or the local gang member having it easier for him to CCW and not get punished.

              Edit: And who is dumb enough to CCW without a permit? The only people I can think of would be gang bangers and drug dealers.

              Am I missing something here?

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              • #8
                RomanDad
                Veteran Member
                • Apr 2008
                • 3478

                Originally posted by jakemccoy
                On another forum, a guy claiming to be a Constitutional law professor thought that a reasonable compromise for California CCW laws is (1) make CCW licenses "shall issue" and (2) make carrying concealed without a license a felony.

                I cannot wrap my mind around making an otherwise law-abiding citizen a felon for carrying concealed without a license. I consider carrying concealed a RKBA.
                Hmm... When did I claim to be a constitutional law professor????

                YOU are a LIAR.

                (and not a very bright one either)


                And yes, I would be very willing to make 12025 a FELONY in exchange for SHALL ISSUE 12050.

                Every other law under the deadly weapons sections of the PC is a felony. The only reason 12025 isnt is because when the law was passed, it was made a Misdemeanor so wealthy campaign contributors and political cronies could "make it go away" when they were busted for carrying concealed...
                Last edited by RomanDad; 06-11-2008, 7:53 PM.
                Life is too short to drive a Ferrari...

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                • #9
                  jakemccoy
                  Member
                  • Dec 2007
                  • 186

                  Originally posted by tkoden
                  Concealed Carry without a permit should be a felony. However, I think it should be much easier to get your CCW permit. If you can prove your profiecency with a weapon theres no reason that you should not be able to carry one. I don't want the average Joe picking up a gun and carrying it in his waste band because he wants to be cool like his favorite action star. Or the local gang member having it easier for him to CCW and not get punished.

                  Edit: And who is dumb enough to CCW without a permit? The only people I can think of would be gang bangers and drug dealers.

                  Am I missing something here?
                  I humbly submit that you are missing something. I don’t know if you’re fully thinking through the issue.

                  Here's a scenario: You're on your own property carrying concealed without a license. You go get the mail from your mailbox. Your kid’s ball rolls into the street. You retrieve the ball. A cop happens to stop you in the street because your gun flashed. You're charged and easily convicted of a felony. You can no longer possess guns.

                  Here's another scenario: You absolutely know for sure that your life is in danger from a violent individual. There's no way you're going to walk around town without suitable protection. Your license is not approved yet. You're caught one day because you flashed. You're charged and convicted of a felony. You can no longer posses guns.

                  Here's another scenario: You're a delivery person around South Central Los Angeles. The Rodney King Verdict II is about to be handed down. You look like Reginald Denny. Your license is not approved yet. You're caught before the verdict because you flashed. You're charged and convicted of a felony. You can no longer posses guns.

                  Before we even get into too many scenarios, as I explained, there are already plenty of felonies for charging a gangbanger (or similar) who happens to be caught carrying concealed. The felony for concealed carry without a license casts a large net that will snag otherwise square law-abiding citizens.
                  Last edited by jakemccoy; 06-11-2008, 8:05 PM.
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                  • #10
                    U2BassAce
                    Senior Member
                    • May 2007
                    • 1677

                    Originally posted by RomanDad
                    Hmm... When did I claim to be a constitutional law professor????

                    YOU are a LIAR.

                    (and not a very bright one either)


                    And yes, I would be very willing to make 12025 a FELONY in exchange for SHALL ISSUE 12050.

                    Every other law under the deadly weapons sections of the PC is a felony. The only reason 12025 isnt is because when the law was passed, it was made a Misdemeanor so wealthy campaign contributors and political cronies could "make it go away" when they were busted for carrying concealed...

                    +100 I could go along with that. Follow the law you are good. Break it you are bad. What is the OP's problem?

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                    • #11
                      U2BassAce
                      Senior Member
                      • May 2007
                      • 1677

                      So why did this hypothetical person not go and apply for a SHALL ISSUE CCW?????

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                      • #12
                        tkoden
                        Junior Member
                        • May 2008
                        • 60

                        I guess I never really thought if it in the sense of getting caught by happen chance. I will have to think about it some more. I am fairly new to the whole CCW arena and have a lot to learn. Thank you for pointing out that scenario.

                        Comment

                        • #13
                          RomanDad
                          Veteran Member
                          • Apr 2008
                          • 3478

                          Originally posted by jakemccoy
                          I humbly submit that you are missing something. I don’t know if you’re fully thinking through the issue.

                          Here's a scenario: You're on your own property carrying concealed without a license. You go get the mail from your mailbox. Your kid’s ball rolls into the street. You retrieve the ball. A cop happens to stop you in the street because your gun flashed. You're charged and easily convicted of a felony. You can no longer possess guns.

                          Here's another scenario: You absolutely know for sure that your life is in danger from a violent individual. There's no way you're going to walk around town without suitable protection. Your county is basically "no issue". You're caught one day because you flashed. You're charged and convicted of a felony. You can no longer posses guns.

                          Here's another scenario: Your a delivery person around South Central Los Angeles. The Rodney King Verdict II is about to handed down. Your county is basically "no issue". You're caught one day because you flashed. You're charged and convicted of a felony. You can no longer posses guns.

                          Before we even get into too many scenarios, as I explained, there are already plenty of felonies for charging a gangbanger (or similar) who happens to be caught carrying concealed. The felony for concealed carry without a license casts a large net that will snag otherwise square law-abiding citizens.

                          Why didnt both of these "law abiding" citizens not just get the permit??? ITS SHALL ISSUE under the hypothetical??? Thats the law we have been fighting 20 and 30 years for...


                          The only explanation is THEY CANT GET A SHALL ISSUE CCW, because THEY'RE ALREADY CONVICTED FELONS....
                          Life is too short to drive a Ferrari...

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                          • #14
                            jakemccoy
                            Member
                            • Dec 2007
                            • 186

                            I'll have to agree with the 27 to 2 majority so far.
                            Life memberships NRA & SAF.
                            Click here to see my awesome pro-gun videos on Youtube!

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                            • #15
                              jakemccoy
                              Member
                              • Dec 2007
                              • 186

                              Originally posted by U2BassAce
                              So why did this hypothetical person not go and apply for a SHALL ISSUE CCW?????
                              He just got the gun maybe. Who knows? Should he be a felon because he's caught up with other stuff?
                              Life memberships NRA & SAF.
                              Click here to see my awesome pro-gun videos on Youtube!

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