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  • #16
    CitaDeL
    Calguns Addict
    • May 2007
    • 5843

    Originally posted by Liberty1
    There is a good argument for 'Yes'. But that is a question for later down the road. So I'd recomment not doing so at this time. So far one member who did that had his license revoked. He was not in a position to challenge the action at that time.
    ^ This.


    Originally posted by mej16489
    Incorrect, Unless there is something printed on the license to the effect of 'License not valid if firearm is not concealed' then there is no obligation to conceal. Therefore a CCW license, typically, has zero bearing on the Open aspect of Loaded Open Carry(LOC)

    CA PC 12031 is the statute which dictates when a firearm may not be loaded. There is an exemption for anyone licensed pursuant to PC 12050 (CCW License). Therefore there is an explicit exemption for Loaded carry.

    A + B = C
    CCW License + Open Carry = Loaded Open Carry

    However, if you get 'caught' you will likely get your license pulled. Therefore, wait to use a CCW license as a Loaded exemption until after we have Shall Issue CCW.
    ^ And most of this.

    If you look at 12050, it is simply a license to carry that comes in two forms. One allows Concealment, the other Loaded and Exposed carry in incorporated areas. The rest of the penal code does not make a distinction between the two, so they are statutorily interchangable, giving blanket exemption from being procecuted for 626.9, 12031 et al; so "CCW" unless the license is marked with the 'restriction requiring concealment' is a license to LOC.

    YMMV



    Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

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    • #17
      hoffmang
      I need a LIFE!!
      • Apr 2006
      • 18448

      The technical legal answer to OP is a 12050 license immunizes you from the restriction on loaded when OC. However, in the current legal regime you will get your permit yanked so don't do it.

      -Gene
      Gene Hoffman
      Chairman, California Gun Rights Foundation

      DONATE NOW
      to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
      Opinions posted in this account are my own and not the approved position of any organization.
      I read PMs. But, if you need a response, include an email address or email me directly!


      "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

      Comment

      • #18
        Gray Peterson
        Calguns Addict
        • Jan 2005
        • 5817

        Originally posted by Cokebottle
        Sadly, Colorado has no reciprosity with CA, and they don't issue non-resident, so even though you may obtain a Utah or Florida permit... even with a CA permit, there is no legal way for a CA resident to CCW in Colorado.
        There should be forthcoming news soon that deals with the Colorado issue. Count on it.

        As for the specific situation involving LOC with PC12050 license, DO NOT DO IT.

        1) There is a lot of argument back and forth between gun owners, cops, and even lawyers (this is even judges) if it's even legal to do LOC with CCW. Both sides have their valid arguments for both sides but the overwhelming consensus among the cops out there is that it's unlawful. Even if LOC with CCW was legal, as the old saying goes, you may beat the wrap (and that's a big maybe given the putrid state of the judiciary system against gun owners, see Theseus for a great example), but you definitely will not beat the ride....

        2) Even if you beat the wrap, your license will be revoked, and you will NEVER be able to get a CCW in California ever again from any sheriff or police chief because they'll find out when they do a new background check and find out about your previous CCW being revoked.

        The consequences are too high, for little to no upside. Btw, the person who had his CCW revoked for OC was actually for UOC, and that was up in Shasta County (His online handle is ConditionThree). If you have a CCW, DO NOT OC IN ANY WAY SHAPE OR FORM OR ELSE YOUR LICENSE WILL BE REVOKED!
        Last edited by Gray Peterson; 01-06-2010, 10:39 PM.

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        • #19
          pullnshoot25
          Banned
          • Mar 2007
          • 8068

          Originally posted by gotgunz
          Am I missing something?

          If you have a California CCW why would you want to carry exposed?
          That is a very, very silly question.

          Comment

          • #20
            Meplat
            Calguns Addict
            • Jul 2008
            • 6903

            I used to do ride alongs with a buddy I grew up with. He didn't want me to carry for just that reason, being mistaken for a perp by other officers. But he did show me how to unlock the shotgun mount in case I had to cover his *** and it was just us.


            Originally posted by Alan Halcon
            gotgunz, Its not for his benifit, rather the benifit of the other leos who don't know me; and for me. I'm not on the force nor do I have the liberty of sitting in on briefs and or shaking hands with everyone.

            At times I am asked to hang back and wait while they make safe. Well, during that time if another unit rolls up and I'm hanging without my driver, because he's with another group clearing, I want to look like I belong. I don't want to be confused as a perp with a gun they can ask me all the questions they want after. I'll be happy to answer.

            I don't wear a uniform. And, If I have to draw, I don't want it to be a surprise, if the situation is tense.

            I don't feel it's as black and white as you may think it is... I wish it was.

            Alan
            sigpicTake not lightly liberty
            To have it you must live it
            And like love, don't you see
            To keep it you must give it

            "I will talk with you no more.
            I will go now, and fight you."
            (Red Cloud)

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            • #21
              Alan Halcon
              Member
              • Feb 2009
              • 285

              Meplat, yep he showed me the release, as well. He also has an AR-15 ready to roll that's on the same release.

              Alan
              dirttime.com

              Comment

              • #22
                SikDMAX
                Senior Member
                • Jul 2009
                • 1072

                So stop pretending to be a mall ninja, you'll end up dead.
                SikDMAX

                Comment

                • #23
                  Glock22Fan
                  Calguns Addict
                  • May 2006
                  • 5752

                  Originally posted by Meplat
                  I used to do ride alongs with a buddy I grew up with. He didn't want me to carry for just that reason, being mistaken for a perp by other officers. But he did show me how to unlock the shotgun mount in case I had to cover his *** and it was just us.
                  I've done many ridealongs. I've had much the same experiences. I am not sure that they'd be happy with the possible complications/liabilities of you being armed, but I must admit that my LEO's have also, from time to time, made sure I could open the shotgun mount.
                  John -- bitter gun owner.

                  All opinions expressed here are my own unless I say otherwise.
                  I am not a lawyer and this is not legal advice.

                  sigpic

                  Comment

                  • #24
                    gotgunz
                    Senior Member
                    • Jan 2006
                    • 1972

                    As far as not wanting to be mistaken for a perp by other LEO... I don't buy it. I am almost certain that if you're doing a ride along (and yes I did many of these when going through the academy) the other shift officers already know you are in a unit... with todays technology and such they probably even know what you look like without having ever seen your face. If you are outside the car on a call carrying concealed and they come up behind you how could they mistake you for a perp with a gun if it is concealed? I agree with others that you are risking having your ccw yanked if you carry exposed regardless of the reasons why.

                    Originally posted by SikDMAX
                    So stop pretending to be a mall ninja, you'll end up dead.
                    This is what comes to mind.

                    Originally posted by pullnshoot25
                    That is a very, very silly question.
                    And your response was exactly what I expected from you.
                    Last edited by gotgunz; 01-07-2010, 1:50 PM.

                    Comment

                    • #25
                      Alan Halcon
                      Member
                      • Feb 2009
                      • 285

                      SikDMax, First of all, no one is trying to play mall ninja... at all.

                      Second, There is a very specific reason for the ride along, not just some sort of thrill rush. It is work related.

                      Third, I've already been told by one of my other buddies who did a ride along, It was highly suggested by his LEO assignment he pack considering the areas they were assigned to.

                      I'm trying to cover my six is all.

                      Perhaps I shouldn't do this. I don't want to be accused of being a mall ninja. Why don't you give me an address, so I can invoice you for the work I'll miss out on. Believe me, I'd much rather sit at home and collect a check.

                      Alan
                      dirttime.com

                      Comment

                      • #26
                        IrishPirate
                        Calguns Addict
                        • Aug 2009
                        • 6390

                        Originally posted by Alan Halcon
                        At times I am asked to hang back and wait while they make safe. Well, during that time if another unit rolls up and I'm hanging without my driver, because he's with another group clearing, I want to look like I belong. I don't want to be confused as a perp with a gun they can ask me all the questions they want after. I'll be happy to answer.

                        I don't wear a uniform. And, If I have to draw, I don't want it to be a surprise, if the situation is tense.

                        I don't feel it's as black and white as you may think it is... I wish it was.

                        Alan
                        If you're worried about other cops, keep it concealed, and DONT LOOK SUSPICIOUS! If you're legally licensed to carry concealed you shouldn't worry about it. They'll ask you what's up and you'll tell them you're waiting for officer so-and-so to do your ride along, and you'll show your CCW card if they ask for it. if it's concealed, THEY SHOULDN'T NOTICE IT. Then, when your buddy is out and with you, carry it open. If you're right next to a cop who told you it's ok to LOC while you're riding with him....that's as good of immunity as you can ask for.

                        If your in the precinct or whatever waiting for your buddy ask for a visitor badge or something that distinguishes you so that other cops know you're not a threat....or, leave your gun in his patrol car until you guys go out. I know some LEA make people who ride along wear either a vest or specific shirt that designates them as a ride along so they don't get mistaken by other cops for perps if SHTF. Hell, I'd have my own shirt made if would save me from a bullet in the @$$!!!!! There's a hundred different ways to deal with the other cops who are the only real "problem", and IMHO, they aren't much of a problem at all. You're licensed, after a short time, they'll know that.
                        sigpic
                        Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
                        People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

                        ΜΟΛΩΝ ΛΑΒΕ

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                        • #27
                          KylaGWolf
                          Senior Member
                          • Jul 2008
                          • 1698

                          Originally posted by gotgunz
                          Am I missing something?

                          If you have a California CCW why would you want to carry exposed?
                          Because for some of us we would like the option to choose. Also at least in my case if I am having a bad day with my arm carrying exposed would be an easier choice to use.
                          "I declare to you that women must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand." Susan B. Anthony

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                          • #28
                            Cokebottle
                            Seņor Member
                            CGN Contributor - Lifetime
                            • Oct 2009
                            • 32373

                            Or on a hot day when a jacket screams "MWAG" almost as loudly as OC

                            I used to have a habit of simply leaving my bomber jacket on all day. More than once, on days in the 80s and low 90s, I was asked if I was carrying (I wasn't), and a few times was even asked if I was a cop or in the USAF.
                            No patches, flags, pins, or anything... just a $50 Pakistani "mall special" leather jacket with knit cuffs and waist, double-knit slacks, and a pair of deck shoes... so it wasn't that I looked like a mall ninja.
                            - Rich

                            Originally posted by dantodd
                            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

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