Unconfigured Ad Widget

Collapse

Exactly what laws are you breaking if you carry a pistol without a permit?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • eXcision
    Member
    • May 2010
    • 205

    Exactly what laws are you breaking if you carry a pistol without a permit?

    If you get caught of course, Without a CCW and are underage (19/20) how much trouble could I get if I carried one at work and got caught?

    Where I work at, We got robbed at gunpoint today and I wasn't there at the time thank god, I was on my break. However, What if I was there and shot one of them? Would I actually get 25 to life or something of that stature because I wasn't legally carrying it?
  • #2
    thrasherfox
    Senior Member
    • Nov 2010
    • 2319

    I was going to post my opinion. but dont feel like getting flamed so soon again.

    I will just post this for food for thought


    1 Peter 3:15

    But in your hearts revere Christ as Lord. Always be prepared to give an answer to everyone who asks you to give the reason for the hope that you have. But do this with gentleness and respect

    2 Corinthians 3:3
    You show that you are a letter from Christ, the result of our ministry, written not with ink but with the Spirit of the living God, not on tablets of stone but on tablets of human hearts.

    Comment

    • #3
      eXcision
      Member
      • May 2010
      • 205

      Thrasher, If you don't want to get flamed, PM me. It really does interest me.

      Also, Wow, Seriously? That's very dumb. (The link)

      Tonight, They had a .357 Revolver on the securities head and I know that since I'm in california, Had someone shot him, The "Good" person would have been going to jail and the "Bad" person would have been the "Victim".

      Comment

      • #4
        paul0660
        In Memoriam
        • Jul 2007
        • 15669

        Depends on who catches you. If a cop, you could be charged with a violation of 12025 and if the gun is loaded, 12031.

        No idea what a first offender would receive, but there is a real possibility that you would lose the right to possess firearms forever.
        *REMOVE THIS PART BEFORE POSTING*

        Comment

        • #5
          Burbur
          Senior Member
          • Sep 2010
          • 1258

          If you are asking about concealed carry on the premises of your work, you need to talk to your employer; it's his call.

          When they tell you 'No', you would be facing termination of employment, on top of any legal issues, if you get caught carrying, even if you are a hero and save lives.

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44639

            PC 12025, CCW without a permit, and if it were loaded and you were not the registered owner of the handgun, a sentence enhancement of "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".

            That is, if you were charged at all, that's the risk. A good self-defense shoot might not even be charged, though in much of California that expectation probably comes with unicorns.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

            • #7
              paul0660
              In Memoriam
              • Jul 2007
              • 15669

              And as far as employees carrying, with permission, I don't think it is all that clear from the PC.

              One exception to 12025 is 12026 which says
              who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business,
              An exception to 12031 is

              (h) Nothing in this section shall prevent any person engaged in
              any lawful business, including a nonprofit organization, or any
              officer, employee, or agent authorized by that person for lawful
              purposes connected with that business, from having a loaded firearm
              within the person's place of business, or any person in lawful
              possession of private property from having a loaded firearm on that
              property.
              Why carry in one case and have in the other.......no idea, except probably the right hand not knowing what the left is writing.
              *REMOVE THIS PART BEFORE POSTING*

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30241

                Originally posted by eXcision
                If you get caught of course, Without a CCW and are underage (19/20) how much trouble could I get if I carried one at work and got caught?
                Concealed carry without a valid permit = PC 12025(a)
                Loaded firearm in public = PC 12031(a)(1)

                If the handgun is registered to you = two misdemeanors [PC 12025(b)(7)] & [PC 12031(a)(2)(G)]
                If the handgun is not registered to you = two felonies [PC 12025(b)(6)] & [PC 12031(a)(2)(F)]

                If convicted of felony(s) = lifetime prohibitions on possessing/owning firearms or ammunition
                If convicted of misdemeanor(s) = probation, usually a 5 year prohibition on possessing/owning firearms or ammunition


                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:
                (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.

                Penal Code 12031
                (a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
                (2) Carrying a loaded firearm in violation of this section is punishable, as follows:
                (F) Where the person is not listed with the Department of Justice pursuant to Section 11106, as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or both that fine and imprisonment.
                (G) In all cases other than those specified in subparagraphs (A) to (F), inclusive, as a misdemeanor, punishable 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.
                sigpic

                "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                Comment

                • #9
                  iareConfusE
                  Veteran Member
                  • Jan 2010
                  • 4464

                  Sigh, these rules are just ridiculous.

                  Comment

                  • #10
                    SJgunguy24
                    I need a LIFE!!
                    • May 2008
                    • 14849

                    Originally posted by iareConfusE
                    Sigh, these rules are just ridiculous.
                    They are, but what do you do? Hope that Mr. Bad dude won't pull the trigger or have a say in whether you go home or not.
                    I carry at work, I love my kids to Damn much to let some POS take me out.
                    There are 3 kinds of people in this world.
                    The wise, learn from the mistakes of others.
                    The smart, learn from their own mistakes.
                    The others, well......they just never learn.

                    "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
                    Patrick Henry.

                    Comment

                    • #11
                      hefedehefe
                      Senior Member
                      • Aug 2010
                      • 2141

                      So you are allowed to carry concealed if the owner of the company allows you too?
                      War does not determine who is right - only who is left!!
                      I'll keep my money, guns and freedom...you can keep your "change"
                      "Alcohol may be man's worst enemy, but the bible says love your enemy" - Frank Sinatra
                      "Courage is being scared to death-but saddling up anyway" - John Wayne
                      "When I'm sad, I stop being sad and be awesome instead. True story." - Neil Patrick Harrissigpic

                      Comment

                      • #12
                        thrillhouse700
                        Veteran Member
                        • Feb 2010
                        • 4349

                        Just open the register and give him all the money, show him where the safe is and open it up, tell him where all the valuables are and which snack foods are the best. Hopefully you get to live. The law only punishes the law abiding.
                        "I *love* the idea of DOJ buyback money being used to buy guns for kids. " - Steadyrock

                        Comment

                        • #13
                          Librarian
                          Admin and Poltergeist
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 44639

                          Originally posted by hefedehefe
                          So you are allowed to carry concealed if the owner of the company allows you too?
                          That's not clear.

                          "Have access to" is pretty clear. I think OPEN carry is covered.

                          For concealed, CCW or be the owner is the way it seems to me.
                          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                          Comment

                          • #14
                            odysseus
                            I need a LIFE!!
                            • Dec 2005
                            • 10407

                            Originally posted by Librarian
                            That's not clear.

                            "Have access to" is pretty clear. I think OPEN carry is covered.

                            For concealed, CCW or be the owner is the way it seems to me.
                            Why? You are saying if you worked for someone and had express permission by them to carry loaded on the premises (think gunstore, jewelry store) you are at legal risk to carry that concealed in the business premises? I am not saying you are wrong, but wondering about how you come to that conclusion.
                            "Just leave me alone, I know what to do." - Kimi Raikkonen

                            The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.' and that `Property is surely a right of mankind as real as liberty.'
                            - John Adams

                            http://www.usdebtclock.org/

                            Comment

                            • #15
                              shovel88ci
                              Member
                              • Mar 2005
                              • 315

                              If your boss says it's ok to carry concealed at work then it is ok. It is private property and you have permission from the owner or person who is renting the property. Gun stores employees do it all the time.

                              Comment

                              Working...
                              UA-8071174-1