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Sacramento LTC holders: No carry signs now listed on LTC?

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  • #46
    locosway
    I need a LIFE!!
    • Jun 2009
    • 11346

    Originally posted by scarville
    What's the difference?
    A license gives you permission to do something, where a permit regulates safety.
    OCSD Approved CCW Instructor
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    • #47
      Sgt. K
      Junior Member
      • Dec 2010
      • 15

      Just got mine in the mail Saturday. It only has the 'while consuming alcohol or remaining at an establishment that primarily serves alcohol' restriction printed on it.
      California Uber Alles

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      • #48
        Lone_Gunman
        Calguns Addict
        • Jan 2009
        • 8396

        So it's not confirmed, and isn't on the most recently issued LTC's. Can we change the title of the thread or lock it 'till we get confirmation? Otherwise this is just more FUD.

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        • #49
          jb7706
          Senior Member
          • Mar 2008
          • 1570

          Originally posted by Lone_Gunman
          So it's not confirmed, and isn't on the most recently issued LTC's. Can we change the title of the thread or lock it 'till we get confirmation? Otherwise this is just more FUD.
          One of the guys I work with is going in tomorrow to get his initial issuance appointment done. I'll see a brand new license in just a couple of weeks.

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          • #50
            halifax
            Veteran Member
            • Oct 2005
            • 4440

            Originally posted by Sgt. K
            Just got mine in the mail Saturday. It only has the 'while consuming alcohol or remaining at an establishment that primarily serves alcohol' restriction printed on it.
            Can someone clarify this for me please. Remaining after what?
            Jim


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            • #51
              randian
              Senior Member
              • May 2011
              • 1293

              Originally posted by halifax
              Can someone clarify this for me please. Remaining after what?
              Looks like it's intended to forbid staying at a bar even if you aren't drinking.

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              • #52
                jb7706
                Senior Member
                • Mar 2008
                • 1570

                Originally posted by halifax
                Can someone clarify this for me please. Remaining after what?
                My rule of thumb:

                If you have to be 21 to enter then it's best to avoid the establishment. It's fine to go in and pick up your buddy that drank too much, it's not OK to have a beer or soda with him before you drive him home.

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                • #53
                  taperxz
                  I need a LIFE!!
                  • Feb 2010
                  • 19395

                  The whole idea of concealed, is that it can't be seen. Sooo... How would anyone know if you are concealing?

                  You would also have to have seen the sign and if in a situation when you would have to use the firearm legally, you can do so legally if your life is threatened.

                  What would have to happen here is, the proprietor would have to see the weapon and alert you of the sign and policy and then tell you to leave. If your refuse, LE could then check you for a weapon.

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                  • #54
                    kcbrown
                    Calguns Addict
                    • Apr 2009
                    • 9097

                    Originally posted by taperxz
                    The whole idea of concealed, is that it can't be seen. Sooo... How would anyone know if you are concealing?

                    You would also have to have seen the sign and if in a situation when you would have to use the firearm legally, you can do so legally if your life is threatened.

                    What would have to happen here is, the proprietor would have to see the weapon and alert you of the sign and policy and then tell you to leave. If your refuse, LE could then check you for a weapon.
                    Isn't the danger greater than that? Can't the proprietor just report your transgression to the Sheriff and you'd then get your license yanked? After all, it's a discretionary-issue license. It's not like you have the right to keep and bear arms around here.


                    Also, what prevents the license from incorporating restrictions "by reference" as opposed to having them explicitly printed on the license itself?
                    The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

                    The real world laughs at optimism. And here's why.

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                    • #55
                      randian
                      Senior Member
                      • May 2011
                      • 1293

                      Originally posted by kcbrown
                      Also, what prevents the license from incorporating restrictions "by reference" as opposed to having them explicitly printed on the license itself?
                      That would imply they could change the restrictions on existing licenses any time they want without notice just by updating a website. I don't know if that comports with state law and it would certainly piss off LTC holders.

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                      • #56
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44630

                        Originally posted by kcbrown
                        Also, what prevents the license from incorporating restrictions "by reference" as opposed to having them explicitly printed on the license itself?
                        As already noted, Penal Code 26200 (b).
                        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!

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                        • #57
                          kcbrown
                          Calguns Addict
                          • Apr 2009
                          • 9097

                          Originally posted by Librarian
                          As already noted, Penal Code 26200 (b).
                          I'm not convinced that a court won't consider "indicated on any license issued" to be satisfied by a reference to a website or some other method of indirection.

                          Is there any caselaw around this that would bolster the view that this passage means what we believe it to mean?
                          The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

                          The real world laughs at optimism. And here's why.

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                          • #58
                            halifax
                            Veteran Member
                            • Oct 2005
                            • 4440

                            Originally posted by randian
                            Looks like it's intended to forbid staying at a bar even if you aren't drinking.
                            Originally posted by jb7706
                            My rule of thumb:

                            If you have to be 21 to enter then it's best to avoid the establishment. It's fine to go in and pick up your buddy that drank too much, it's not OK to have a beer or soda with him before you drive him home.
                            OK, but couldn't it mean "remaining" after last call also? I kid.
                            Jim


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                            • #59
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44630

                              Originally posted by kcbrown
                              I'm not convinced that a court won't consider "indicated on any license issued" to be satisfied by a reference to a website or some other method of indirection.

                              Is there any caselaw around this that would bolster the view that this passage means what we believe it to mean?
                              Are you aware of any that does NOT confirm that the plain language of the text is what is meant?

                              If you question that bit of 'black letter law', on what basis do you believe any of it?

                              I suggest there will be none either way - LTC law in CA is pretty new, as far as application, because up until now there have been so few out there.
                              Last edited by Librarian; 01-16-2012, 9:17 PM.
                              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!

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                              • #60
                                wildhawker
                                I need a LIFE!!
                                • Nov 2008
                                • 14150

                                Originally posted by kcbrown
                                I'm not convinced that a court won't consider "indicated on any license issued" to be satisfied by a reference to a website or some other method of indirection.

                                Is there any caselaw around this that would bolster the view that this passage means what we believe it to mean?
                                I'm not convinced that a court won't hold that Madonna really is like a virgin.

                                However, back over here where the jurisprudence sky is blue... the law says what it says. Rossow v. Sheriff Mark Pazin/Merced County or another case(s) we have coming will likely fix this issue in case law until The Bear can take another bite (if needed).

                                -Brandon
                                Brandon Combs

                                I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                                My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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