caguns.net

Tired of Calguns older Marketplace that can't upload pictures or do feedback ratings?

Try our Search function! Listing am item is easy and easy for people to find things.

Register a free account today to become a member! Once signed in, you'll be able to participate and use features that aren't available to guests!
Restrictions on CCW carry

Information Restrictions on CCW carry

RESTRICTIONS ON CCW

Aside from the junk of SB2, there are restrictions on CCW carry at all of Federal, State, and local levels.

The standard CCW application, https://oag.ca.gov/system/files/media/bof-4012.pdf, has

While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not (pursuant to Penal Code section 26200), when carrying a concealable weapon as authorized by this license:

• Consume any alcoholic beverage, or controlled substance as described in Health and Safety Code sections 11053 to 11058, inclusive. PC 26200 (a)(1)

• Be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption. PC 26200 (a)(2)

• Be under the influence of any alcoholic beverage, medication, or controlled substance as described in Health and Safety Code sections 11053 to 11058, inclusive. PC 26200 (a)(3)

• Carry a firearm not listed on the license or a firearm for which they are not the recorded owner (unless the licensee was issued a CCW under Penal Code section 26170 and has been authorized to carry a firearm that is registered to the agency for which the licensee has been deputized or appointed to serve as a peace officer). PC 26200 (a)(4)

• Falsely represent to a person that the licensee is a peace officer. PC 26200 (a)(5)

• Engage in unjustified display of a deadly weapon. PC 26200 (a)(6)

• Fail to carry the license on their person. PC 26200 (a)(7)

• Impede any peace officer in the performance of their activities. PC 26200 (a)(8)

• Refuse to display the license or provide the firearm to any peace officer upon demand for purposes of inspecting the firearm. PC 26200 (a)(9)

• Fail to comply with any reasonable restrictions or conditions the licensing authority imposes, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry a pistol, revolver, or other firearm capable of being concealed on the person. PC 26195(b)(1)(B)

• Carry more than two firearms under the licensee's control at one time.

• Violate any federal, state, or local criminal law PC 26200 (a)(10)

===========

Your issuing agency is authorized to specify "any reasonable restrictions or conditions the licensing authority imposes, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry" and their opinion of 'reasonable' is generally immovable.

Then there are Federal prohibitions against carry in US Post Offices and in buildings in Federal Parks - See Bonidy v US, and https://www.nps.gov/articles/firearms-in-national-parks.htm

Carry in most public/government buildings is prohibited. PC 171b

There are prohibitions against carrying guns, no exception for CCW, in the parks in many cities. See local ordinances.

There is the prohibition of carry on school property. PC 626.9(c)(5), (h) and (i)

There is a prohibition at the California State Fairgrounds. Enforced at the gates.

Carry at gun shows is prohibited. PC 27330

Carry in the parking lots of prisons is prohibited. PC 26230 (a)(6) NOTE: this section is the primary carrier of the SB2 insanity, but this provision predates that change

Carry in court houses is locally prohibited, almost universally. Also, PC 171b.

Carry at sports venues and concert venues is privately prohibited almost everywhere; private prohibition is basically they get to trespass you if you don't leave, and your issuing agency is likely to be displeased. PC 602 (o) (Note: CA is easy on this, $100 fine for first offense; OR has ORS 164.265, a $6250 fine)

In 2024 and earlier, any form of 'no guns' sign has no legal significance; some issuing agencies have a different opinion, and establishments with such signs might be prone to trespassing gun carriers.

I would not be surprised if CA eventually adopts something like the Texas 30.06 and 30.07 laws, where text, format, appearance and placement are all specified.

The current lawsuit against the expanded restrictions of SB2 is May vs Bonta, https://www.courtlistener.com/docket/67788828/may-v-bonta/

The injunction against enforcement was issued in December, 2023 - https://storage.courtlistener.com/recap/gov.uscourts.cacd.898535/gov.uscourts.cacd.898535.45.0.pdf - and is still in force in May of 2024.
Author
Librarian
Views
97
First release
Last update
Rating
0.00 star(s) 0 ratings

More resources from Librarian

Back
Top