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Why can a CCW license be limited to certain weapons?

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  • zhyla
    Banned
    • Aug 2009
    • 2017

    Why can a CCW license be limited to certain weapons?

    I'm mainly just curious about this since my county is no-issue (or buddy-issue) at the moment. My understanding is when you get a CCW license you have to list which guns you will be carrying, you may also need to qualify with each of these, and you are limited to carrying that set of guns.

    I was just kind of curious about this so I read thru 12050 once. The only piece about restrictions I could find is this:

    Originally posted by PC 12050
    (b) A license may include any reasonable restrictions or
    conditions which the issuing authority deems warranted, including
    restrictions as to the time, place, manner, and circumstances under
    which the person may carry a pistol, revolver, or other firearm
    capable of being concealed upon the person.
    I have two questions:

    1. If the license is to "carry concealed a pistol, revolver, or other
    firearm ...", why is this being implemented as a license to carry only certain pistols? This seems a little burdensome; some people own a lot of guns and it seems easy to grab the wrong one on your way out. I wouldn't make this mistake but it seems easy enough to do.

    2. What is the penalty for carrying the wrong gun (or violating the other restrictions)? Are you guilty of carrying a concealed weapon without a permit? I'm guessing the answer is yes.
  • #2
    dantodd
    Calguns Addict
    • Aug 2009
    • 9360

    I asked the same question, there are a number of other places, such as the description of what the license is to look like and the application where it makes it clear that the legislature intended for there to be only specific firearms covered by the CCW when it is issued.
    Coyote Point Armory
    341 Beach Road
    Burlingame CA 94010
    650-315-2210
    http://CoyotePointArmory.com

    Comment

    • #3
      dantodd
      Calguns Addict
      • Aug 2009
      • 9360

      Here is one example:

      12051. (a)(1) The standard application form for licenses described in paragraph (3) shall require information from the applicant including, but not limited to, the name, occupation, residence and business address of the applicant, his or her age, height, weight, color of eyes and hair, and reason for desiring a license to carry the weapon. Applications for licenses shall be filed in writing, and signed by the applicant. Any license issued upon the application shall set forth the licensee's name, occupation, residence and business address, his or her age, height, weight, color of eyes and hair, the reason for desiring a license to carry the weapon, and shall, in addition, contain a description of the weapon or weapons authorized to be carried, giving the name of the manufacturer, the serial number, and the caliber. The license issued to the licensee may be laminated.
      Coyote Point Armory
      341 Beach Road
      Burlingame CA 94010
      650-315-2210
      http://CoyotePointArmory.com

      Comment

      • #4
        CHS
        Moderator Emeritus
        CGN Contributor - Lifetime
        • Jan 2008
        • 11338

        That's what I love about Arizona. It's a license to carry a concealed weapon. Period. ANY (legal) weapon. Not just guns
        Please read the Calguns Wiki
        Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
        --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

        Comment

        • #5
          zhyla
          Banned
          • Aug 2009
          • 2017

          Originally posted by dantodd
          Here is one example:
          Ah, I missed that part. But that details what the application should look like, it doesn't say explicitly "the Sheriff can pick which guns you can carry."

          Comment

          • #6
            dantodd
            Calguns Addict
            • Aug 2009
            • 9360

            Correct, the license should list all the weapons you quote on the application. The sheriff doesn't have statutory discretion to only list X number if guns or only guns they feel you should be allowed to use.
            Coyote Point Armory
            341 Beach Road
            Burlingame CA 94010
            650-315-2210
            http://CoyotePointArmory.com

            Comment

            • #7
              cmichini
              Senior Member
              • Oct 2008
              • 1739

              Originally posted by zhyla
              I'm mainly just curious about this since my county is no-issue (or buddy-issue) at the moment. My understanding is when you get a CCW license you have to list which guns you will be carrying, you may also need to qualify with each of these, and you are limited to carrying that set of guns.

              I was just kind of curious about this so I read thru 12050 once. The only piece about restrictions I could find is this:



              I have two questions:

              1. If the license is to "carry concealed a pistol, revolver, or other
              firearm ...", why is this being implemented as a license to carry only certain pistols? This seems a little burdensome; some people own a lot of guns and it seems easy to grab the wrong one on your way out. I wouldn't make this mistake but it seems easy enough to do.

              2. What is the penalty for carrying the wrong gun (or violating the other restrictions)? Are you guilty of carrying a concealed weapon without a permit? I'm guessing the answer is yes.
              Why, because although CA is forced to 'Allow' for issuance, their SOP to infringe on rights as much as possible affords them the ability to infringe it as much as they possibly can, reasonable or not.

              Question 2 - probably yes. But note that if you're not committing any crime except carrying without a permit, it is a misdemeanor and not a (prohibiting) felony.
              Warning: I'm not a lawyer so check that fact before going out on a limb.
              NRA Certified Rifle Instructor
              NRA Certified Range Safety Officer

              Comment

              • #8
                ap3572001
                Calguns Addict
                • Jun 2007
                • 6039

                I am an LEO for almost 20 years.
                I can only carry handguns that are on my departments list. On and off duty.
                I must carry at least on reload ( on and off duty ) .
                I must use ONLY factory magazines on and off duty.
                I must have a round in the chamber and if my pistol has a manual safety I SHALL NOT use it.
                I must load my pistol with US made JHP ammo ONLY.

                I GET TESTED WITH EVERY HANDGUN I CARRY ON AND OFF DUTY EVERY YEAR . AT LEAST ONCE A YEAR.


                I am 100% FOR some control of what people with CCW will cary.

                And that they get tested with those handguns.

                Comment

                • #9
                  IrishPirate
                  Calguns Addict
                  • Aug 2009
                  • 6390

                  If you're going to carry concealed, you better be good enough with a gun to make sure you grab the right one before heading out. That's a stupid mistake that has no real justification. A gun is not a toy or a set of car keys, it comes with responsibility.

                  The catch all is "resonable restrictions".....it's also something we're trying to fight in court i'm sure. What's reasonable? in Placer county, you can't have a .22 caliber pistol on your CCW. What if the only gun someone owns is a .22? what if that's all they are comfortable using? what if that's all they can qualify with? It doesn't seem reasonable to me, but i guess it does to the sheriff. Some places only allow you to have 2 guns on your CCW. Reasonable? well if you believe the whole "you should get good with one gun and maybe a back up, and not waste your time with others so you'll stay proficient" mindset, then i guess it would be reasonable....but if you're damn proficient with 7 different pistols and you want to put them all on your CCW so you have options to choose from depending on your anticipated situation, you might disagree.
                  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.
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                  Comment

                  • #10
                    dantodd
                    Calguns Addict
                    • Aug 2009
                    • 9360

                    Originally posted by ap3572001
                    I am an LEO for almost 20 years.
                    I can only carry handguns that are on my departments list. On and off duty.
                    I must carry at least on reload ( on and off duty ) .
                    I must use ONLY factory magazines on and off duty.
                    I must have a round in the chamber and if my pistol has a manual safety I SHALL NOT use it.
                    I must load my pistol with US made JHP ammo ONLY.

                    I GET TESTED WITH EVERY HANDGUN I CARRY ON AND OFF DUTY EVERY YEAR . AT LEAST ONCE A YEAR.
                    those are all restrictions that your employer put on you and have nothing to do with the law.

                    Originally posted by ap3572001
                    I am 100% FOR some control of what people with CCW will cary.

                    And that they get tested with those handguns.
                    Why do you think that the sheriff should be permitted to tell me what to carry?

                    Do you also support a reading comprehension test for voters? Or a spelling test for people who wish to exercise their first amendment rights?
                    Coyote Point Armory
                    341 Beach Road
                    Burlingame CA 94010
                    650-315-2210
                    http://CoyotePointArmory.com

                    Comment

                    • #11
                      1JimMarch
                      Senior Member
                      • Jul 2008
                      • 1803

                      The original purpose was likely to prevent people carrying "drop guns".

                      On that basis, just listing what your carry guns are could probably survive strict scrutiny, although an argument can be made that guns you've DROSed can't be used as drop guns either - and the DROS records are easier for law enforcement to get!

                      Comment

                      • #12
                        socalblue
                        Senior Member
                        • Feb 2010
                        • 811

                        This is nothing more than a way of making sure the firearm(s) are inspected & CCW holder qualifies with what they are authorized to carry. NV (And other states) are similar.

                        IMO it's really not a burden, other than being locked to a serial number. Better I think to qualify with a make/model & be OK to carry anything in the same family (IE" Qualify with a Glock & OK to carry any Glock).

                        Comment

                        • #13
                          Gray Peterson
                          Calguns Addict
                          • Jan 2005
                          • 5817

                          Originally posted by ap3572001

                          I am 100% FOR some control of what people with CCW will cary.
                          The sheriff's and police chiefs have zero legal authority to tell a CCW holder what you can and cannot carry. Their only discretion is good cause and good moral character.

                          They also do not have that authority to tell LEO's what to carry off-duty. See LEOSA (HR218).

                          Comment

                          • #14
                            Gray Peterson
                            Calguns Addict
                            • Jan 2005
                            • 5817

                            Originally posted by socalblue
                            This is nothing more than a way of making sure the firearm(s) are inspected & CCW holder qualifies with what they are authorized to carry. NV (And other states) are similar.
                            There is no qualification requirement in state law.

                            Comment

                            • #15
                              Glock22Fan
                              Calguns Addict
                              • May 2006
                              • 5752

                              The simple answer is "Because they can."
                              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

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