Question on California Gun Laws

[rainbowbob]

I had heard California’s gun laws were some of the worst – but I hadn’t realized how screwy until I looked them up. My wife’s aunt recently had her home in North Hollywood robbed. I want to suggest they at least get a home gun, which apparently is OK.

But we all know that coming home can be a dangerous time if you catch someone in the act of burglary – or are followed to your house. My wife’s aunt found suit-cases loaded with her stuff. That indicates she may have surprised them and they fled without a confrontation - but it might have gone differently. When I looked into the carry laws I found the following contradictory and discouraging passages:

A license to carry a pistol, revolver, or other firearm capable of being concealed upon the person may be granted to qualified residents…

"May" - not "shall"… doesn’t sound too hopeful...

It is unlawful to carry a loaded firearm on one’s person or in a vehicle while in any public place, on any public street, or in any place where it is unlawful to discharge a firearm…

…And if you managed to get a carry license – you can’t carry a loaded gun!

So my wife’s aunt can have a night stand gun – but if she wants to protect herself outside her home – she is out of luck.

Am I reading this correctly?



Opps! Nevermind...I realized I hadn't read far enough and found this exception to the prohibition of carrying a loaded weapon:

Holders of licenses to carry concealed handguns...

Maybe there is some hope? I've read it is nearly impossible for the average person to get one - that you have to be somebody in order to get one.

True?

 

[kermit315]

basically, yeah, it is damn near impossible to get a CCW in SoCal without buying into the sheriffs campaign.

 

[LAK Supply]

She absolutely can have a ccw permit in CA. All she has to do is become a law enforcement officer or get into politics.... Once you are an LEO or politician in CA you become a member of the ruling class and your life is worth more than the lives of the serfs.

If she's not one of the rulers or their enforcers and just wants to protect her life she's going to be out of luck in most of CA.


God I hated that state......

 

[rainbowbob]

Well...It's a good thing they have eliminatated their crime problems down there and have ushered in a new utopia free of violence.

 

[glockman19]

In North Hollywood, Los Angeles County, nearly impossible to get a CCW even for a harmless little old lady. Sad isn't it.

 

[.38 Special]

It's county-by-county. The sheriff sets the policy, AFAIK. Urban counties like L.A. are out of the question. Some of the more rural counties are essentially "shall issue". Mendocino, for instance, is very liberal -- in the traditional sense of the word -- with CCW.

 

[LAK Supply]

It's county-by-county. The sheriff sets the policy, AFAIK. Urban counties like L.A. are out of the question. Some of the more rural counties are essentially "shall issue". Mendocino, for instance, is very liberal -- in the traditional sense of the word -- with CCW.

Yup.... along with Kern, Humboldt, Mariposa, Tulare, San Bernadino, Butte, Shasta and a few others. However, when you consider population concentration (where CCW is needed most) I would be surprised if more than 15% of CA's population is in an area that's pro-CCW.

 

[Hud]

Lance,

"If she's not one of the rulers or their enforcers and just wants to protect her life she's going to be out of luck in most of CA.


God I hated that state......"

Are you now running the business in Empire from out of state?
I wouldn't have thought it was that much more difficult to obtain a ccw in Stanislaus Co. than it is here in Merced.... Just jump through the local sheriff's hoops, ... not as tough as in larger metro areas.

Hud

 

[Hud]

Double Tap

 

[LAK Supply]

HUD.... I have moved back to Wyoming.... we recently lost a bunch of data and had to come back online with a backup. I hadn't noticed that the address reverted; I'll have to talk to my system admin and have him change it to the Wyo address. The only dealings I have with CA anymore is a check they're supposed to send for reimbursement of the vehicle registration fees they stole from last year's tax return for a vehicle that was sold over a year ago. Of course in the eyes of CA DMV that was their money and I owed it to them even though it could have been sitting in a barn on private property for all they knew. They also lost the release of liability and gave me a hard time about sending the second one months later when I found out they didn't have the original. I guess it was a parting gift or something, and it reinforced my decision to run far, far away.

Stanislaus County is not CCW friendly like your county or your neighbor Mariposa. I'm not sure if things have changed under Adam Christianson or not, but under Les it was a problem for people who weren't LE or had connections, and it was even worse while Mark was filling in. The city of Modesto was about the same. I know people that had permits including a gun dealer, but even his was restricted for "during business hours and for business use only." Stanislaus and Modesto would issue for carrying large amounts of cash, etc but most of the time the permits were restricted for carry only during those activities. You really have to be friendly with the sheriff or high-ranking LE or an LE yourself to have a fair shake for CCW there.

My wife had an incident at a store in Modesto where somebody tried to attack/rob her. Luckily she had good reflexes and there were people that came over to assist. We checked into getting her a permit and were rather disappointed with the findings.... even spoke with some family friends who are LE in the area and they told us the same thing.

 

[ragntag]

the laws in calf must be just in someone elses favor, thats sad to see this and to hear about it

 

[rainbowbob]

My wife had an incident at a store in Modesto where somebody tried to attack/rob her.

I wonder what happens in CA if, for example, your wife or one of those that came to her aid had used an illegaly carried firearm to end the threat?

If I recall the statute says something to the effect that it is lawful to use force , including deadly force, to defend against an imminent threat of grave bodily injury or death.

So it would be legal to shoot them - but not to carry the tool to do it with.

Would you likely be prosecuted for the gun charge - but not the shooting?

 

[Quiet]

Would you likely be prosecuted for the gun charge - but not the shooting?

Depends on the District Attorney. YMMV.

 

[Synergy]

There is a lot of information about CA gun laws. Our laws are some of the dumbest in the nation and fail miserably at stopping crime. This is lawsuit happy California. Its going to take some victims to sue their police and city for not protecting them properly, when many others in other states can protect themselves.

Your chances of getting a CCW from LA County Sheriff is slim to none. North Hollywood is incorporated into the City of LA, so the Sheriff will not issue, it is at the discretion of the LAPD.

I would suggest searching for answers on CA specific websites.

http://www.calguns.net/
http://californiaccw.org/forums/list.page

 

[Number 6]

I wonder what happens in CA if, for example, your wife or one of those that came to her aid had used an illegaly carried firearm to end the threat?

If I recall the statute says something to the effect that it is lawful to use force , including deadly force, to defend against an imminent threat of grave bodily injury or death.

So it would be legal to shoot them - but not to carry the tool to do it with.

Would you likely be prosecuted for the gun charge - but not the shooting?

Like others have stated it depends upon the district attorney, but one thing to add is that carrying a firearm without a CCW in California is only a misdemeanor, for the first offence.

 

[Daedalus7]

So it would be legal to shoot them - but not to carry the tool to do it with.

The really stupid part about it is that carrying a concealed handgun is a misdemeanor (as long as you're not a gangbanger and have no prior criminal history). But if you were carrying, say, an ASP Baton (i.e. a stick ) - instant felony... gotta love these ridiculous laws


Edit: man, I must be blind - didn't even see the post above me.

 

[Nate C.]

It's a sad state of affairs, because there are some truly wonderful people living in Kahleefoahrneeya, and it could be a great place to live. It just seems like those good folks have been politically highjacked by a vocal minority, and of course a big percentage of the populace is comprised of sheeple who believe everything they see on television.

The lunatics really are running the asylum.

 

[rainbowbob]

...a big percentage of the populace is comprised of sheeple who believe everything they see on television...

I have a theory: All those people in CA are so involved in the business of make-believe, they have actually created a world of make-believe.

"Violence is bad" ... "We will make all the bad things go away" ... "We will create a new world where the sun always shines and everybody is always nice"

 

[Quiet]

Like others have stated it depends upon the district attorney, but one thing to add is that carrying a firearm without a CCW in California is only a misdemeanor, for the first offence.

There is a wobbler to this.
If the handgun is not registered to you and you are illegally carrying concealed, it becomes a felony.

Summary.
Carrying a concealed handgun without a CCW permit = one misdemeanor.
Carry a concealed loaded handgun without a CCW permit = two misdemeanors.
Carrying a concealed unregistered handgun without a CCW permit = one felony.
Carrying a concealed unregistered loaded handgun without a CCW permit = one felony and one misdemeanor.

 

[rainbowbob]

Summary:
Carrying a concealed handgun without a CCW permit = one misdemeanor.
Carry a concealed loaded handgun without a CCW permit = two misdemeanors.
Carrying a concealed unregistered handgun without a CCW permit = one felony.
Carrying a concealed unregistered loaded handgun without a CCW permit = one felony and one misdemeanor.

Yee viz! OK...so what happens if you try to register a handgun? Do they have to allow you to own and register for home defense?

 

[roscoe]

Yes - registration is shall issue. Anyone can own a handgun. By the way, Orange County is reputedly fairly easy to get a CCW.

Also, you can have an unloaded gun in you car in the trunk without CCW.

 

[Quiet]

Yee viz! OK...so what happens if you try to register a handgun? Do they have to allow you to own and register for home defense?

You can legally possess an unregistered handgun.
Any crime commited with an unregistered handgun automactically becomes a felony.

Handgun registration is technically not mandatory for CA residents.

However...
Since the early-90s, all CA FFL dealer handgun transactions (sales/transfers) are registered with CA DOJ.

Anyone moving into CA and becomes a CA resident, has 60 days to register any handgun they bring with them.

CA residents can voluntarily register any handgun they own.
Almost all handguns owned in CA before the 90s are not registered.

Non-residents of CA can not register handguns with CA DOJ.

 

[Leanwolf]

ROSCOE - "Also, you can have an unloaded gun in you car in the trunk without CCW."

Weellllll.... there's a big, big Catch 22 to that.


The gun in your trunk must be unloaded, in a locked case, with no ammunition immeditaley available to it. Otherwise, it is a violation.


L.W.

 

[rainbowbob]

So...if you absolutely believe you must carry a handgun - and can't get a license - the best bet is to carry a registered gun which would only result in a misdemeanor. Not that anyone here is - or would - advocate breaking the law.

 

[dmxx9900]

California is a lost cause in my view I been there and seen what its like there it is hopeless in the south area especially north is the last part that has a little chance.