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Penal Code Application

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  • #46
    P5Ret
    Calguns Addict
    • Oct 2010
    • 6375

    Originally posted by EMP3
    Cops are sworn to enforce law. They are given legal authority to practice their profession consistent with law. Calling cops a special class is pejorative. It is an elite class that operates consistent with law.

    Cops are granted legal authority to carry guns in order to protect themselves from retribution arising from the performance of their duties. Its very common for cops to be threatened with murder by criminals they've arrested. Not granting cops legal authority to defend themselves when they're most vulnerable would be insanity.
    Wow, you really are full of yourself aren't you? Elite class, what a joke, that is everything that people see wrong with LE in two words congratulation's on pulling that out of your a@%.

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    • #47
      Yodaman
      Veteran Member
      • Aug 2012
      • 2749

      Originally posted by P5Ret
      Wow, you really are full of yourself aren't you? Elite class, what a joke, that is everything that people see wrong with LE in two words congratulation's on pulling that out of your a@%.

      Comment

      • #48
        esy
        Senior Member
        • Apr 2012
        • 1191

        Originally posted by P5Ret
        Wow, you really are full of yourself aren't you? Elite class, what a joke, that is everything that people see wrong with LE in two words congratulation's on pulling that out of your a@%.

        Comment

        • #49
          GizmoSD
          Member
          • Mar 2017
          • 281

          Comment

          • #50
            hmvan
            Member
            • Mar 2010
            • 304

            Originally posted by RickD427
            EMP3,



            We're going around in circles here.



            There is no legal source that accords the private property owner the ability to "deny application of the Penal Code." Stop looking for it. It ain't there.



            Methinks that you're trying the frame the question to support the position that you'd like to have - that CCW holders and LEOSA covered folks could carry concealed on private property. It don't work that way.



            PC section 25450 gives an exemption from the Penal Code provisions that would otherwise make concealed carry illegal. It only applies to the Penal Code prohibition on concealed carry. It does not give you the right to concealed carry. There's a distinction between these two things that you're just not getting.



            When the private property owner elects to prohibit concealed carry, he is doing so under his rights as a property owner. There's no involvement of the Penal Code at that point. Now if you refuse to leave the property at the owner's request (because you refuse to disarm), then Penal Code section 602 comes into play. The PC exemption that you claim under section 25450 don't extend to section 602.


            Well put. Thanks RickD!

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