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Penal Code Application
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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!Comment
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