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Thread: Sheriffs Department distributes sloppy and legally questionable information

  1. #1
    State Pioneer ConditionThree's Avatar
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    In re-reading some information the Sheriff distributes with theCCW applications, I discovered some serious proof reading issues.(or deliberate misinformation.)

    I will only recreate the questionable information for the sake of brevity. One error refers to a firearm as a 'fireman', but that's not nearly as significant as what's got me riled up.


    5. The Sheriff's Office requires that you carry the weapon as inconspicuously as possible. This is to keep from drawing attention to it. If you are stopped be a Peace Officer when carrying your weapon in the glove compartment of your vehicle, inform the Officer of this fact prior to opening the glove compartment. We ask that you consider where you take your weapon and use common sense.

    PC12050 (a)(3)(c) specifies restrictions imposed shall be indicated on any issued license. If the Sheriff's office has a requirement, it needs to be printed on the license, not as a request by department officials. The requirement to carry the weapon as "inconspicuously as possible" is subject to redefinition by circumstances or a peace officers mood.



    15. For the purposes of engaging in recreational activities such as backpacking, hiking, horseback riding, etc., when a person does not desire to obtain a concealed weapons permit, the California Penal Code provides that firearms carried openly in belt holsters are not concealed, provided that the activity is not in a firearms prohibited area. (Penal Code 12025(e))

    First, the citation of the penal code is wrong. Its PC12025 (f) that states that firearms carried openly in belt holsters are not considered concealed. No where in the penal code is there a provision stipulating recreational activity as it appears here. The only reason this is written like this is to imply that open carry is prohibited outside this recreational activity. This is pure 'color of law'. Open carry is legalno matter what kind of activity you are participating in, so long as it is in an unincorporated area and not in a prohibited area.



    16. A Concealed Weapon Permit does not give you unrestricted rights to carry a weapon(s). Per Penal Code Section 12050(B), "A license may include reasonable restrictions or conditions which the issuing authority (the Sheriff of Shasta County) deems warranted." This may include restrictions as to the time, place, circumstances under which you may carry a firearm. In the event a license is issued to you, it is incumbent upon you to become familiar with the restrictions indicated below. A Concealed Weapon Permit does not exempt any person from criminal process or civil liabilities if the weapon is used in an unlawful, careless, or negligent manner.
    Another incorrect citation. PC12050(B) covers "good moral character", "good cause", residency, and training. PC12050 (a)(3)(b) is what the writer quoted. They also leave out subdivision (c) which specifies that "Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued." So reguardless of whatever is listed "below", if it is not ON the license there is no restriction. What is more frustrating is that the restrictions they direct you to are not printed on the information sheet or the license itself.

    It appears I will be making another visit to the Sheriff's office.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
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  2. #2
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    Let us know how it goes. That does sound like a restriction or a "backdoor ban" on open carry. Keep up the good fight.

    ProguninTN

  3. #3
    State Pioneer ConditionThree's Avatar
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    I dropped off a copy of the heavily corrected text to boththe records office and the Sheriff's secretary today. I will have to follow it up with a letter soon. I dont know what effect, if any, this will have. Will report back later.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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