Seeking advice on unlicensed loaded carry

[dieselpower]

Wow, a lot of bad advice in this thread. It's illegal. Penal Code does not have an "unless your boyfriend told you to do it" exception.

you are kidding right? Her BF is LEO. Its not seeing the inside of a courtroom let alone the back of a squad-car when she "explains" the situation.

In a major city there is some worry, in a small town its not going anywhere.

5 years ago I went back home (east coast) to visit my sister. She lives in a small town outside of a major city. I met a friend of hers who had a cast on his leg. I asked what happened and he said he was driving home drunk from a bar and crashed his motorcycle into a police car. I said something like, I bet that didn't turn out well and he looked at me and said, "yeah sucks having to pay for YOUR OWN SQUAD CARS BODY DAMAGE....The Sheriff refused to pay for the damages as my punishment."

Life is different in a small town.

[JustEd]

Encourage her to get her own CCW.

[Librarian]

Thanks for all the great input. Wow, I guess I was wrong. I was just concerned that if she was caught with it might jeopardize her RN license...

Set aside the probabilities and the local conditions.

A violation of PC 25400 (carrying concealed without LC) and/or PC 25850 (carrying loaded in public without LTC)

Each one is up to a year in jail, or $1000 fine, or both.

Yes, that might affect her license - see http://www.rn.ca.gov/enforcement/convictions.shtml. They're mostly concerned with things associated with patient care - but sitting in County for a year is likely to cause loss of employment.

[badicedog]

Thanks Librarian! I gave her advice that I would apply myself in that situation...

[Quiet]

To add on what Librarian posted.

Since the handgun is her bf's, she is most likely not the registered owner of the handgun.

Concealed carrying an unregistered handgun is a felony. [PC 25400(c)(6)]
Carrying a loaded unregsitered handgun is a felony. [PC 25850(c)(6)]

So, if she gets caught concealed carrying her bf's handgun, she would be facing two felony charges.

Not sure if she would be able to retain her RN license with multiple felony convictions.


FYI.
The "brass pass" does not work with all LEOs, especially when felonies are involved.


Penal Code 25400
(c) Carrying a concealed firearm in violation of this section is punishable as follows:
(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, 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:
(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(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.

Penal Code 25850
(c) Carrying a loaded firearm in violation of this section is punishable, as follows:
(6) Where the person is not listed with the Department of Justice pursuant to Section 11106 as the registered owner of the handgun, by imprisonment pursuant to subdivision (h) of Section 1170, 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.

[badicedog]

To add on what Librarian posted.

Since the handgun is her bf's, she is most likely not the registered owner of the handgun.

Concealed carrying an unregistered handgun is a felony. [PC 25400(a)(6)]
Carrying a loaded unregsitered handgun is a felony. [PC 25850(a)(6)]

So, if she gets caught concealed carrying her bf's handgun, she would be facing two felony charges.

Not sure if she would be able to retain her RN license with multiple felony convictions.


FYI.
The "brass pass" does not work with all LEOs, especially when felonies are involved.

please correct me if I am mis informed but I believe that penal code you cited is in fact a misdemeanor not a felony. I could be wrong though... Either way, It's not the point. I adviced her not to do it because I know it's breaking the law and would put her license in jeopardy. Thanks again for the input...
FYI.
The "brass pass" does not work with all LEOs, especially when felonies are involved.

[five.five-six]

My co worker just told me that she bought a gun and was being forced to carry it by her boyfriend. I asked her for details since she is a good friend of mine and I didn't want her to get into any legal troubles. Apparently her boyfriend is LEO and the gun in question is his. I advised my friend not to do it since she does not have a CCW permit. I just wanted to make sure I gave her correct advice. Any peace officers that can chime in would be greatly appreciated. Please no LEO bashing, thank you in advance.

After re reading the OP...so she has a boyfriend who is forcing her to do something she ostensibly does not want to do, and is probably a felony, at least a misdemeanor .... and she is dating him why? :shakes head: sounds like a train wreck all the way to the foundation

[Librarian]

please correct me if I am mis informed but I believe that penal code you cited is in fact a misdemeanor not a felony. I could be wrong though... Either way, It's not the point. I adviced her not to do it because I know it's breaking the law and would put her license in jeopardy. Thanks again for the input...
FYI.
The "brass pass" does not work with all LEOs, especially when felonies are involved.

The subsections specifically mentioned are indeed felonies (follow the links to the Penal Code). Generally, a simple, no-other-crime incident seems to be charged as misdemeanor.

[Sir Stunna Lot]

I can NOT believe the "advices" that were given on the first half of this page...

[johnthomas]

Thanks for all the great input. Wow, I guess I was wrong. I was just concerned that if she was caught with it might jeopardize her RN license...

[badicedog]

Well said... I think I've heard enough... Thank you all

[Quiet]

please correct me if I am mis informed but I believe that penal code you cited is in fact a misdemeanor not a felony. I could be wrong though...

Sorry, my first post had wrong PC #'s cited. I corrected them in that post.

Correct PC cites are 25400(c)(6) and 25850(c)(6).

Both of those PCs use the term "by imprisonment pursuant to subdivision (h) of Section 1170", which is PC 1170(h).

PC 1170(h) is basically felony punishment of imprisonment in jail for a term of 16 months to 3 years.

(see parts in bold below)


Penal Code 25400
(c) Carrying a concealed firearm in violation of this section is punishable as follows:
(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, 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:
(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(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.

Penal Code 25850
(c) Carrying a loaded firearm in violation of this section is punishable, as follows:
(6) Where the person is not listed with the Department of Justice pursuant to Section 11106 as the registered owner of the handgun, by imprisonment pursuant to subdivision (h) of Section 1170, 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.

Penal Code 1170
(h)(1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.
(2) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense.
(3) Notwithstanding paragraphs (1) and (2), where the defendant (A) has a prior or current felony conviction for a serious felony described in subdivision (c) of Section 1192.7 or a prior or current conviction for a violent felony described in subdivision (c) of Section 667.5, (B) has a prior felony conviction in another jurisdiction for an offense that has all the elements of a serious felony described in subdivision (c) of Section 1192.7 or a violent felony described in subdivision (c) of Section 667.5, (C) is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime and as part of the sentence an enhancement pursuant to Section 186.11 is imposed, an executed sentence for a felony punishable pursuant to this subdivision shall be served in state prison.
(4) Nothing in this subdivision shall be construed to prevent other dispositions authorized by law, including pretrial diversion, deferred entry of judgment, or an order granting probation pursuant to Section 1203.1.
(5) The court, when imposing a sentence pursuant to paragraph (1) or (2) of this subdivision, may commit the defendant to county jail as follows:
(A) For a full term in custody as determined in accordance with the applicable sentencing law.
(B) For a term as determined in accordance with the applicable sentencing law, but suspend execution of a concluding portion of the term selected in the court's discretion, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation, for the remaining unserved portion of the sentence imposed by the court. The period of supervision shall be mandatory, and may not be earlier terminated except by court order. During the period when the defendant is under such supervision, unless in actual custody related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment imposed by the court.
(6) The sentencing changes made by the act that added this subdivision shall be applied prospectively to any person sentenced on or after October 1, 2011.

[Dutch3]

What's the time limit before the "loan" of a firearm becomes an illegal transfer?

Is there a requirement for the borrower to have a HSC?

[Quiet]

What's the time limit before the "loan" of a firearm becomes an illegal transfer?

Is there a requirement for the borrower to have a HSC?

Loans longer than 30 days need to be transfered through a CA FFL dealer.

For loans between people who know each other, if the firearm is a handgun, the person being lent the handgun needs a HSC.


Penal Code 27880
Section 27545 does not apply to the loan of a firearm between persons who are personally known to each other, if all of the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the handgun shall have a valid handgun safety certificate.

[Fatstackz]

She will probably get away with carrying it just fine and even if she is caught, probably won't even care if she loses her right to own. Now, if the situation arises where she actually has to use it..........Well, good luck with that.