CA CCW app. with problems

[Coanders]

I have one problem with obtaining a CCW permit in my home county of Kern, I was arrested on a Drunk in public charge 2 years ago while in college (Bogus deal I was out front of my friends house...) Anyways with my Prior Misdemeanor arrest I am not eligible for a CCW permit for another 3 years. (5 years total)

Does anyone have any suggestions?

I've completed the proper California CCW training, have a valid handgun safety certificate, and am a better shot and more competent about firearm safety and operations than many of the local correction officers (Really, I witnessed one of the qualification shoot at the gun range, kinda funny/scary)

Also I heard it's legal to carry a firearm concealed while in the act of hunting or fishing. Has anyone heard of this?

 

[mekender]

even if you wait the 3 more years, chances are you will not get the permit... my advice, move to a free state...

 

[glockman19]

even if you wait the 3 more years, chances are you will not get the permit

+1 or when Arnold becomes president

 

[NavyLCDR]

Why would you not be eligible if it was an arrest? Was there a conviction? Is this just Kern county's sheriff's requirement? Who told you this piece of information?

Anyway, it appears as if you can carry concealed while hunting and fishing and in possession of the appropriate hunting or fishing license. The carry law is here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=12001-13000&file=12020-12040

You want sections 12025 and 12027.(g)

Here's some more info:
http://www.californiaconcealedcarry.com/counties/kern.html

 

[Coanders]

12025. (a) A person is guilty of carrying a concealed firearm when
he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.


12027. Section 12025 does not apply to, or affect, any of the
following:

(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.

So, this mean I can carry a concealed and loaded firearm (Glock 23) "while in the act of hunting or fishing" without a CCW permit...

This is Good news, there are a lot of "snakes" and other critters out there...

A quick side note is that this doesn't apply while in National Forrests or Wildlife Management areas where firearms are not permitted. (see below)

For California
Wildlife Management Areas
NO -- F/G Code 10500
State/National Forests
YES -- 14 CCR s 1413
State Parks
NO -- 14 CCR s 4313
Road Side Rests
YES-- per CHP

 

[Coanders]

As far as the Arrest... Pled "no contest" paid the $300 Misdemeanor fine and went on... I guess I'll have to wait another 3 years before I can legally carry, when I'm not hunting or fishing that is

 

[mekender]

even after the 3 years is up, chances are that you wont get a CA permit... generally, if you arent a movie star you dont get one in CA

 

[TAB]

So, this mean I can carry a concealed and loaded firearm (Glock 23) "while in the act of hunting or fishing" without a CCW permit...

no it means you are aloud to carry a weapon that can be concealed... All that means is you can have it on your hip. Assuming your in the right season. Have one on your hip during a bow season... your not going to have a good day.

 

[Robert Hairless]

I have one problem with obtaining a CCW permit in my home county of Kern, I was arrested on a Drunk in public charge 2 years ago while in college (Bogus deal I was out front of my friends house...)

Bummer. You were arrested for being drunk in public but you were drunk in front of your friends house and the front of your friends house was not visible to the public. Bogus.

I wonder if you can be arrested for carrying a concealed weapon without a permit if you tell the nice policeperson that you were hunting elephants in the middle of the road or fishing for tuna at a movie theater, assuming that you had a hunting or fishing license and elephants and tuna were in season. Bogus.

 

[TAB]

even after the 3 years is up, chances are that you wont get a CA permit... generally, if you arent a movie star you dont get one in CA

Untrue, now some countys may be that way *cough* la county *cough*, not all are. Several countys might as well be shall issue. Then there are countys that unless your LEO, retired LEO or know the sheriff, your not getting one * cough* sacramento county * cough*

 

[nplant]

Kern issues more permits than any other county. In 2006 (the last year that data is available), they issued 4,006 permits. The next closest was Fresno county with 2,720.

I don't know what that works out to by population density, but it's a better bet there than almost anywhere else in CA.

ETA: Here's the stats from the AG's office:
http://ag.ca.gov/firearms/forms/pdf/ccwissuances2006.pdf

 

[mekender]

Kern issues more permits than any other county. In 2006 (the last year that data is available), they issued 4,006 permits. The next closest was Fresno county with 2,720.

hmm, my county issues about that many a month... doesn't sound like thats shall issue to me... but i guess thats what you get when you let your state decide how to let you exercise your constitutional rights...

 

[TAB]

hmm, my county issues about that many a month... doesn't sound like thats shall issue to me... but i guess thats what you get when you let your state decide how to let you exercise your constitutional rights...

1st carrying concealed has never been a right...

2nd CA actually lets the county sheriffs deside, not only on who gets them, but what the standards are for the CCW classes. The only state laws on that subject are no less then 8 hours no more then 16.

 

[NavyLCDR]

no it means you are aloud to carry a weapon that can be concealed... All that means is you can have it on your hip. Assuming your in the right season. Have one on your hip during a bow season... your not going to have a good day.

That is not what the law says. And let's take this one step further. If a hunter cannot carry a pistol during bow season, than why in the world would a fisherman be allowed to carry? Last time I checked there was no season specified for fishing with a 30-06. Also section 12027 nullifies section 12025 for hunting/fishing and section 12025 specifically deals with carrying concealed. 12027 is very clear, a hunter/fisherman may carry in their vehicle an unloaded pistol, revolver, or other concealable firearm on their way to hunting/fishing. When they leave that vehicle at their hunting/fishing destination, they may load that weapon and carry that weapon however they choose, concealed or not. And as long as they are engaged in the hunting/fishing activity for which they are properly licensed during the proper season, it doesn't matter that it is bow season or not, as long as they are hunting with the bow.

Now a hunter during bow season walking around with ONLY a pistol and not a bow, that might raise some eyebrows.

12027. Section 12025 does not apply to, or affect, any of the
following:
(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.

 

[mekender]

1st carrying concealed has never been a right...

wrong, the 2nd amendment does not specify the method of bearing arms... there has been a court ruling that says that concealed doesnt apply, but in my eyes, that ruling was unconstutional...

2nd CA actually lets the county sheriffs deside, not only on who gets them, but what the standards are for the CCW classes. The only state laws on that subject are no less then 8 hours no more then 16.

funny, the 2nd says that those rights are reserved to the people... so how come the CA residents are ok with these laws?... i mean they must be ok with them, they keep electing the people that pass them...

 

[ArmedBear]

As far as the Arrest... Pled "no contest" paid the $300 Misdemeanor fine and went on...

Interesting. I thought that No Contest doesn't mean you're considered guilty. Why else plead No Contest?

 

[mekender]

Interesting. I thought that No Contest doesn't mean you're considered guilty. Why else plead No Contest?

generally "no contest" is a plea where you do not want to admit guilt, but you do not wish to contest the charges... it is viewed as a guilty plea depending on how it is adjudicated, which in most cases the judge will adjudicate it guilty unless there is a specific motion filed to not have that happen

 

[ArmedBear]

Hmm...

Something to remember, should I ever face a "bogus" charge like that -- assuming it was "bogus". While the fine is $300 and probably cheaper than fighting it, it might be worth fighting anyway. At least see if it can be reduced to something like loitering.

 

[Thernlund]

Bummer. You were arrested for being drunk in public but you were drunk in front of your friends house and the front of your friends house was not visible to the public. Bogus.

I wonder if you can be arrested for carrying a concealed weapon without a permit if you tell the nice policeperson that you were hunting elephants in the middle of the road or fishing for tuna at a movie theater, assuming that you had a hunting or fishing license and elephants and tuna were in season. Bogus.

Just a matter of time.

What is it with you?


-T.

 

[Dan M.]

Mekender wrote:

funny, the 2nd says that those rights are reserved to the people... so how come the CA residents are ok with these laws?... i mean they must be ok with them, they keep electing the people that pass them...

That's like saying Southerners must be okay with marrying their siblings because they keep doing it. Not very High Road.

 

[NavyLCDR]

Quote:
As far as the Arrest... Pled "no contest" paid the $300 Misdemeanor fine and went on...

Interesting. I thought that No Contest doesn't mean you're considered guilty. Why else plead No Contest?

No contest is basically a feel good thing for the individual - hey, I never said I was guilty. But fine=guilty, you still get the conviction on your record. They don't really explain that about No Contest because it is easier to get their guilty conviction that way.

 

[TAB]

wrong, the 2nd amendment does not specify the method of bearing arms... there has been a court ruling that says that concealed doesnt apply, but in my eyes, that ruling was unconstutional...

when your appointed to the supreme court, your "IMO" will mater.


Its not a put down on you, just reality

 

[ArmedBear]

so how come the CA residents are ok with these laws?... i mean they must be ok with them, they keep electing the people that pass them...

There actually is an answer to that question.

The legislature draws its own districts. California is segregated into majority Republican and majority Democratic counties and areas that are consistent enough to guarantee seats in the legislature. Note the consistency. One county here or there flipped; it's probably close in that area to begin with. Within the counties, there is more division.

2000


2004


So, what they do is draw the district map so that the current Democrats have well over 50% Democrats in their districts, and the Republicans have well over 50% Republicans. It's not that hard to do, and despite their differences otherwise, whoever is in office will vote to help each other keep their jobs -- priority one for them, of course. Most of them have never had a job that paid as well; many are without much real merit; some are worse.

So anyway, people have a choice between a Republican and a Democrat. Wherever they happen to fall politically, generally, when faced with a couple mediocre options, they'd rather vote for someone in the party they identify with.

As a result, unless a legislator does something really, really egregious, they're guaranteed an office if they get through their party's selection process in the party's district. This means that there is little movement within the legislature, and there are almost no consequences for anyone, no matter what he/she does while in office.

Say you're a Democrat, and you don't like your Democrat legislator because he/she voted against giving $10,000 of tax dollars for free, to each illegal alien in the state. You really want to "help out the needy." But what're ya gonna do about it? Vote for the Republican? He's downright stingy! He doesn't want to give ANY citizens' tax money to the illegal aliens. So you vote for the Democrat. So it goes all around the state.

 

[mekender]

That's like saying Southerners must be okay with marrying their siblings because they keep doing it. Not very High Road.

saying that someone must be ok with what their elected officials does because they keep electing them is a far cry from blatant insults and stereotypes against an entire geographic region that borders on a racist statement