CCW violation

[951bulldog]

SOmebody told me that the max penalty in CA for a first time offender getting caught CCW w/o a permit is a $50 fine. That can't possible true, can it? Only a $50 fine, MAX, for getting caught CCW? W/ a legal weapon, no drugs/knives/dead hookers, not a gang member, etc, etc. Normal guy, say rolls a stop sign. $50 fine? Or are you going to jail and losing your gun?

[Frijolito1988]

Depends what type of day the LEO is having, it can be small or escalade into something big.

[Quiet]

Here is the actual law.

See part in bold for punishment for a first time offender with a registered handgun that fits the criteria you asked.


Penal Code 12025
(a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her 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 he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section is punishable, as follows:
(1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) Where 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) Where the person is not in lawful possession of the firearm, as defined in this section, or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, 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) By imprisonment in the state prison, 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 if both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.
(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.
(c) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (b) if the peace officer has probable cause to believe that 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 the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (b) is met.
(d)(1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for at least three months.
(2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by this chapter, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(e) The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
(g) For purposes of this section, "lawful possession of the firearm" means that the person who has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm.
(h)(1) The district attorney of each county shall submit annually a report on or before June 30, to the Attorney General consisting of profiles by race, age, gender, and ethnicity of any person charged with a felony or a misdemeanor under this section and any other offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or before December 31, to the Legislature compiling all of the reports submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1, 2005, and as of that date shall be repealed.

[951bulldog]

Thanks, I forgot there was a seperate CCW forum. He did say "Last time I checked" which I took to mean he checked sometime in the last 50 years. Maybe not.

[Cokebottle]

BS

It is at a minimum, a misdemeanor charge.
It's a felony wobbler... 2nd offense, or in combination with another crime and it's a felony.

It's not up to the discretion of the LEO... once he makes the arrest, it's up to the DA.

Minimum fine for a misdemeanor is $75 plus $192 in penalties plus $15 surcharge plus $16 to EMS PA, total $298 minimum for any misdemeanor.
A $100 fine will cost you $380 OTD. $185 will cost you $716.

http://www.courtinfo.ca.gov/reference/documents/2009_jcbail.pdf

[pitchbaby]

I'm not planning to open carry in the least... but the way that is written, it would seem to me that "open carry" unloaded in a car is technically legal, albeit ill advised. Am I wrong here?

[Cokebottle]

I'm not planning to open carry in the least... but the way that is written, it would seem to me that "open carry" unloaded in a car is technically legal, albeit ill advised. Am I wrong here?

Unloaded open carry is legal in California except when inside of rights-free schools zones, or other areas where firearms are prohibited.

Not well-advised... but legal.

[nrakid88]

BS

It is at a minimum, a misdemeanor charge.
It's a felony wobbler... 2nd offense, or in combination with another crime and it's a felony.

It's not up to the discretion of the LEO... once he makes the arrest, it's up to the DA.

Minimum fine for a misdemeanor is $75 plus $192 in penalties plus $15 surcharge plus $16 to EMS PA, total $298 minimum for any misdemeanor.
A $100 fine will cost you $380 OTD. $185 will cost you $716.
http://www.courtinfo.ca.gov/referenc...009_jcbail.pdf

How is that fair? I remember getting a curfew ticket (yes I live in a un-american city, and used to be a 16 year old kid) and it was for like $75 and turned out to be $300, I was just dumbstruck how a $75 fine will cost you $300, why not just call it what it is, a $300 dollar fine and they make you pay $300

[nrakid88]

Wow, so if they fine you $1000 you will end up paying $3800, that is robbery.

[Cokebottle]

Wow, so if they fine you $1000 you will end up paying $3800, that is robbery.

We (the voters) passed it.
The penalty assessment (which is the majority of the increase) basically amounts to a 255% "tax" on "criminal fines" (it used to be 180%).

It passed by a pretty wide margin because all of the "law abiding" voters wanted to "stick it to the criminals"... not realizing that it would be applied to infractions as well.

[Ultimate]

My sister got a ticket for talking on the phone while driving and she had to pay 140+ I don't remember the exact number though.

I remember thinking it would just be the 25 dollars they had said it would be lol.

[bigcalidave]

BTW op. Normal guy rolls a stop sign, and they aren't gonna be searched. Normal guy gets ANY traffic stop and they won't be searched. If you can't pass a visual inspection by an LEO looking for suspicious behavior you shouldn't be doing ANYTHING illegal :P Where do you live bulldog? Maybe you live in a county where you actually CAN get your CCW.

[Jonathan Doe]

CCW per Ca Penal Code is a misdemeanor for the first offense as far as I know unless the law was changed. For misdemeanors and infractions, an LEO has discretion. He can cite, arrest or let the person go.

[Foriegn power]

Hhh

[Cokebottle]

Bingo.

Drive a circle in front of a business at night once a week to verify that ALL of your lights and signals function.
Replace a cracked windshield ASAP.
Repair body, engine, and paint ASAP.
Adequate tread on the tires. Tires properly fit to the rims and fenders.
No front window tint.
Both plates installed and clean.
No obvious modifications (ground effects, spoilers).
No bumper stickers other than AAA and parking permits.
Current registration.
Don't drive like a douche.

If you ARE going to drive above the limit, always have a "rabbit" (someone in front of you going faster). Here in California, that's easy. I roll 75-80 all the time and I've always got people passing me.
If you see a cop, don't hit the brakes... they'll look for the front end to dive... just ease off the gas.

Short story... blend in. Don't have or do anything that draws attention to you. Might be good for catching the attention of women... but it'll also catch the attention of the cops.