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CCW in CA

benos4752

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First, I know the term CCW is inaccurate, its just easier to say it than 'License to Carry Concealed Pistol, Revolver, or Other Firearm Within the State of California' (copy and pasted haha). Secondly, I havethree questions regarding these licenses. I tried researching it myself, but legal speak confuses me...

One: How do you go about getting a CCW? What are the 'easiest' ways? If it makes a difference, spotless record, not even a parkign ticket. Also, would it help to contact anyone myfamily knows in law enforcement and ask for, for lack of a better term, letter of recomendation or anything? Basically a I know this kid and his family, good peoples, can be trusted type of thing.

Two: Does having a CCW allow you to carry OPEN and LOADED? I dont care to much about being concealed. Unless your undercover or something, I dont see much in the point of concealing since the majority of its help in your safety comes from the visual deterence.

Three: Does the license allow you to carry in places that are usually off limits, more specificaly state and national parks? The area I live in is still pretty safe, Im not scared of other humans. However, I go hiking a lot, with my favorite and most frequented places being Mount Diablo State Park and Black Diamond Mines State Park. While there, I have on three ocasions ran into cougars. While I have so far been lucky enough to not be attacked, if that day comes along where my luck runs out, Id rather have a loaded handgun than the hunting knife I usually carry.

Thanks for the help,

Brandon
 

ConditionThree

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benos4752 wrote:
One: How do you go about getting a CCW? What are the 'easiest' ways? If it makes a difference, spotless record, not even a parkign ticket. Also, would it help to contact anyone myfamily knows in law enforcement and ask for, for lack of a better term, letter of recomendation or anything? Basically a I know this kid and his family, good peoples, can be trusted type of thing.

Two: Does having a CCW allow you to carry OPEN and LOADED? I dont care to much about being concealed. Unless your undercover or something, I dont see much in the point of concealing since the majority of its help in your safety comes from the visual deterence.

Three: Does the license allow you to carry in places that are usually off limits, more specificaly state and national parks? The area I live in is still pretty safe, Im not scared of other humans. However, I go hiking a lot, with my favorite and most frequented places being Mount Diablo State Park and Black Diamond Mines State Park. While there, I have on three ocasions ran into cougars. While I have so far been lucky enough to not be attacked, if that day comes along where my luck runs out, Id rather have a loaded handgun than the hunting knife I usually carry.

1) You need to apply with the Sheriff in the county you reside; a Chief of Police may also issue a LTC concealed, if you live inside city limits. There is no real easy way. You either live in an area with a permissive issuing agency or you do not. (As far as I am aware, COCO is not permissive.)If you plan on applying for a LTC concealed, it would be a good idea to hold off on open carry activismuntil afteryou are denied.

2) Yes and no. If you read the law regarding licenses to carry (PC12050), the license comes in two formats. The most common is the license to carry concealed. The less known format, licenses loaded and exposed carry in the county where you reside. Such a license onlyprovides benefitsfor loaded and exposed carry inside incorporated city limitsand'prohibited areas'in unincorporated territory.I am not aware of any issuing agency that has issued a LTC in the exposed format.

There is also some debate as to whether or not a LTC concealed offers any privileges or protections to those who lawfully open carry. I contend that since there is no statutory duty for a licensee to conceal, the exemptions (such as for licensees in school zones) would in my view, be in effect regardless of whether a licensee concealed or not- others believe that the license only allows the carry of a concealed weapon and any exposure negates the protections the license provides.

In any event, lawful open carry in California does not require licensing.

3) No. Licensees are not exempt from weapons prohibitions in National and State Parks, or Post Offices. Weapons (including knives) are not allowed in State Park land.
 

benos4752

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1) If you are denied by one agency, can another still issue one? Ie, Brentwood PD denies it, would I still be able to go to CoCo sheriff? I would assume that is a yes, but doesnt hurt to ask and make sure.

3) Shoot, didnt realize that...Guess I need to go get myself something else. Im guessing pepper spray is allowed?
 

ConditionThree

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benos4752 wrote:
1) If you are denied by one agency, can another still issue one? Ie, Brentwood PD denies it, would I still be able to go to CoCo sheriff? I would assume that is a yes, but doesnt hurt to ask and make sure.

3) Shoot, didnt realize that...Guess I need to go get myself something else. Im guessing pepper spray is allowed?

1) Yes, you can but... You dohave to disclose whether or not you have been denied a LTC concealed. I dont think it helps your chances any.

3) I believe so, because pepper spray doesnt inflict any permanent harm and I dont believe it is classified as a weapon. I'll get back to you on that.
 

ConditionThree

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Lumpia is so sarap!!! wrote:
This site is very helpful on CCWs:

http://www.calccw.com/Forums/

I'm going to apply once we reach "Shall" issue, rather than "may" issue.

(Looking at his watch...) How many years are you willing to 'wait' to excersize your right to keep and bear arms? This may sound like a buzz-kill, but in the current situation in California, if you are waiting for 'shall issue' to apply for permission to carry in many jurisdictions, you may as well be waiting for retirement or a winning lottery ticket, whichever comes first. 'Heller' may improve the environment nationally, but isnt the silver bullet to kill 'may issue' in California.

Even if you do live in an area with a permissive issuing agency, there exist schools of thought that your LTC concealed is notvalid outside of the county where it was issued...Other issuing agencies act as if the 2A is a regulated privilege, dispensed as a measure to inhibit otherwise lawful behavior.

If you are a gun owner in California and you are willing to idly await the day you can excersize lawful armed self-defense, you may be better off exchanging your guns at the next 'buyback' program, because they are about as effective being sold as they are locked in a secure case or tucked away at home ina safe.

I think what many people in the 'concealed weapons' forums overlook is the fact they already have a powerful political tool- and fear is preventing them from using it. I believe the road to 'shall issue' in California is through activism, not patiently awaiting the magic day it is thrust upon us.

Here's what I think gun owners ought to do;

  1. Apply for a LTC concealed ("ccw")at non-permissive issuing agencies. Using all the recommended actions, submitting their fees, good cause statement, etc. Bring a fewfriends- organize with other pro-gun groups and go EN MASSE on the same day. Make a line out the door and overwhelm them with sheer numbers of applicants on a specified date and time.
  2. Get denied. Yes, get told NO with a officious letter of denial on the issuing agencies letterhead. Make copies and send a letter your local and state representitives, outlining the issuing agencies abuse of their descretion. It doesnt matter whether or not these representatives aresympathetic- again this would be more effective if done as a group. On the off-chance that your application is approved, more power to you, but opt out of the remaining steps.
  3. Carry your concealable firearm openlyin a belt holster. Remember that letter of denial? Carry that too. If you are confronted by law enforcement or curious onlookers you can say that you applied for a LTC concealed and since you didnt have permission to conceal, you must carry exposed to comply with the law. Frame your explanation on that thenon-permissive issuing agency is the primary reason you cannot conceal. It isnt necessary to open carry in an organized walk or 'en masse' as with the application process- but get a one or two friends to go with you who, preferably, will participate. Go have lunch. Go shopping at Walmart. Go to the latest 'zombie' movie.Have regular get togethers once a month, once a week, whatever.
  4. Repeat steps one through three, until you achieve desired results. Even if you do not get the results you want, you will still have a positive effect. You will be excersizing your right to carry. You will be educating not just the general public, but law enforcement as well. And you will be getting to do something constructive, rather than await change that will never come on it's own accord.
Edited to clarify 'LTC'.
 

Giggety-Giggety®

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Interesting ConditionThree.

What's "LTC"? I did a search but couldn't find any info. I live near Burbank and would to apply for that LTC Concealed.

Thanks for the advice.
 

cato

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Lumpia is so sarap!!! wrote:
What's "LTC"? I did a search but couldn't find any info.
Everyone calls it a CCW but we like to get technical whenreading, understanding, andquotingthe California Penal Code (what would we do without it -it gives us such a purpose:exclaim::banghead::)):
Article 3. Licenses to Carry Pistols and Revolvers ......... 12050-12054

12050. (a) (1) (A)...

(i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
(ii) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.


And "CCW" is for retired LE:
Article 2. Unlawful Carrying and Possession of Weapons ..... 12020-12040

12027. Section 12025 does not apply to, or affect, any of the
following:
(a) (1) (A) Any peace officer, listed in Section 830.1 or 830.2,
or subdivision (a) of Section 830.33, whether active or honorably
retired...
(D) A certificate issued pursuant to this paragraph...

shall be on a 2X3 inch card, bear the photograph of the retiree, the
retiree's name, address, date of birth, the date that the retiree
retired, name and address of the agency from which the retiree
retired, have stamped on it the endorsement "CCW Approved" and the
date the endorsement is to be renewed.
(E) For purposes of this section and Section 12031, "CCW" means
"carry concealed weapons."
 

BigAZBob

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Pepper spray requires a license too... I was a Dep Sheriff in Southern Ca. and the policies are to make everyone some type of felon to prevent them from ever owning a firearm. That is Ca's answer to gun control. Let me give you an example of the dual standard. Ca has made Domestic Violence [DV] a felony... not a flip=flop [either a felony or a misdomeanor by disposition]. If there is a "finding of fact" against you two things happen in less than 48 hours. First your are reported the the States Automated Firearms unit and you can not purchase a weapon for 3 yrs. Second the Sheriff arrives and storms your house and takes all your firearms, and by the way you NEVER get them back ever, even with a lawyer... they simply will not return your property.... THE PEOPLES REPUBIC OF CALIFONRIA IN ACTION.

At one time there were over 359 LA county Police officers and Sheriffs that were charged with DV. NOT ONE....NOT ONE was found guilty of DV. so that it would not interfer with them carring weapons. The best example of a dual standard if Mark Furman, the Detective in the OJ Case found guilty of PERJURY. PERJURY IS A FELONY only in Ca. He was allowed to retire with full benefits, retire honorably and he has a CCW, on his retirement ID. The Court decided that he could be found guilty of PREJURY Ca.Penal Code section 114, a felony as a misdomeanor, which does not exist in Ca.

As for a CCW, in California if you have the politcal influence to get one, it is only good in the county of issuance and not state wide. I have ID as a retired LEO and I get hasseled each time I go to Ca. Also, I had a FFL for over 20 yrs and it was so expensive to have the same license the Fed issues and then CA required the same license from CA and it was 10xs more money, and it was being constantly raised in price.
 

ConditionThree

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BigAZBob wrote:
Pepper spray requires a license too...

As for a CCW, in California if you have the politcal influence to get one, it is only good in the county of issuance and not state wide.


What the FUD?

Both statements are incorrect. I have purchased pepper spray over the counter at a lock shop without a permit. There is no permit required for possession or carry of pepper spray. LTC concealed are valid not only statewide, but also in states that have chosen to recognize licenses in spite of California's lack of reciprocity. The only carry licenses that are only valid in the county where they are issued are LTC loaded and exposed.
 

BigAZBob

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Code:
If you think I am wrong then you better read the following excerpt 
of the CALIFORNIA PENAL CODE CLOSELY......IN THE PAST I HAVE ARRESTED
AND HAD PROSECUTED A PERSON THAT WAS IN VIOLATION.
YOU MAY HAVE PURCHASED OC AT STORE BUT YOU ARE NOW ADMITTING TO A MISDOMEANER 
OFFENSE.  READ THE ENTIRE SECTIONS BELOW.....THEY HAVE CLASSES FOR THE USE OF OC
AND A CERTIFICATE IS ISSUED. YOU ARE SUPPOSED TO SHOW THAT CERTIFICATE UPON 
PURCHASE AND A LOG IS SUPPOSED TO BE KEPT....HERE IS THE PERTINATE LAWS...AS OF THIS DATE
I HAVE BEEN OUT OF CAL AND A FED FOR OVER A DECADE..SO THIS IS THE CURRENT STATLE OF THE
LAW::::

12401.  "Tear gas" as used in this chapter shall apply to and
include all liquid, gaseous or solid substances intended to produce
temporary physical discomfort or permanent injury through being
vaporized or otherwise dispersed in the air, but does not apply to,
and shall not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Agricultural [b]Code[/b] provided that such substance is not
intended to be used to produce discomfort or injury to human beings.

12402.  The term "tear gas weapon" as used in this chapter shall
apply to and include:
(a) Any shell, cartridge, or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gases.
(b) Any revolvers, pistols, fountain pen guns, billies, or other
form of device, portable or fixed, intended for the projection or
release of tear gas except those regularly manufactured and sold for
use with firearm ammunition.

12403.  Nothing in this chapter shall prohibit any person who is a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, from purchasing, possessing, transporting,
or using any tear gas or tear gas weapon if the person has
satisfactorily completed a course of instruction approved by the
Commission on Peace Officer Standards and Training in the use of tear
gas.

12403.1.  Nothing in this chapter shall prohibit any member of the
military and naval forces of this state or of the United States or
any federal law enforcement officer from purchasing, possessing, or
transporting any tear gas or tear gas weapon for official use in the
discharge of his duties.


12403.5.  Notwithstanding any other provision of law, a person
holding a license as a private investigator or private patrol
operator issued pursuant to Chapter 11 (commencing with Section
7500), Division 3 of the Business and Professions [b]Code[/b], or uniformed
patrolmen employees of a private patrol operator, may purchase,
possess, or transport any tear gas weapon, if it is used solely for
defensive purposes in the course of the activity for which the
license was issued and if the person has satisfactorily completed a
course of instruction approved by the Department of Consumer Affairs
in the use of tear gas.

12403.7.  Notwithstanding any other law, any person may purchase,
possess, or use tear gas and tear gas weapons for the projection or
release of tear gas if the tear gas and tear gas weapons are used
solely for self-defense purposes, subject to the following
requirements:
(a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, the State of California,
or any other state, government, or country or convicted of misuse of
tear gas under subdivision (g) shall purchase, possess, or use tear
gas or tear gas weapons.
(b) No person who is addicted to any narcotic drug shall purchase,
possess, or use tear gas or tear gas weapons.
(c) No person shall sell or furnish any tear gas or tear gas
weapon to a minor.
(d) No person who is a minor shall purchase, possess, or use tear
gas or tear gas weapons.
(e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, or that expels the tear gas by any
method other than an aerosol [b]spray[/b], or that contains more than 2.5
ounces net weight of aerosol [b]spray[/b].
(2) Every tear gas container and tear gas weapon that may be
lawfully purchased, possessed, and used pursuant to this section
shall have a label that states:  "WARNING:  The use of this substance
or device for any purpose other than self-defense is a crime under
the law.  The contents are dangerous--use with care."
(3) After January 1, 1984, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall have a label that discloses the date on which
the useful life of the tear gas weapon expires.
(4) Every tear gas container and tear gas weapon that may be
lawfully purchased pursuant to this section shall be accompanied at
the time of purchase by printed instructions for use.
(f) Effective March 1, 1994, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall be accompanied by an insert including
directions for use, first aid information, safety and storage
information, and explanation of the legal ramifications of improper
use of the tear gas container or tear gas product.
(g) Any person who uses tear gas or tear gas weapons except in
self-defense is guilty of a public offense and is punishable by
imprisonment in a state prison for 16 months, or two or three years
or in a county jail not to exceed one year or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment,
except that, if the use is against a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
engaged in the performance of his or her official duties and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, the offense is punishable by
imprisonment in a state prison for 16 months or two or three years or
by a fine of one thousand dollars ($1,000), or by both the fine and
imprisonment.
 

ConditionThree

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BigAZBob wrote:
Code:
If you think I am wrong then you better read the following excerpt 
of the CALIFORNIA PENAL CODE CLOSELY......IN THE PAST I HAVE ARRESTED
AND HAD PROSECUTED A PERSON THAT WAS IN VIOLATION.
YOU MAY HAVE PURCHASED OC AT STORE BUT YOU ARE NOW ADMITTING TO A MISDOMEANER 
OFFENSE. READ THE ENTIRE SECTIONS BELOW.....THEY HAVE CLASSES FOR THE USE OF OC
AND A CERTIFICATE IS ISSUED. YOU ARE SUPPOSED TO SHOW THAT CERTIFICATE UPON 
PURCHASE AND A LOG IS SUPPOSED TO BE KEPT....HERE IS THE PERTINATE LAWS...AS OF THIS DATE
I HAVE BEEN OUT OF CAL AND A FED FOR OVER A DECADE..SO THIS IS THE CURRENT STATLE OF THE
LAW::::



There seems to be something missing...

Please cite and reference the specific code requiring a license or certificate for any person topurchase, obtain,or use OC spray in the state of California. Please also cite and reference the specific code that requires a retailer to keep a log of sales of 'pepper spray' to buyers in the state of California.
 

BigAZBob

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AS FOR THE CCW. IN THE STATE: CA DOES NOT RECOGNIZE ANY OTHER STATES LTC..
WITHOUT EXCEPTION. THE ONLY LAW THAT GEO. BUSH PASSED THAT WAS OF ANY VALUE, IS THAT ALL ACTIVE CURRENT, HONORABLELY RETIRED LAW ENFORCEMENT OFFICERS ARE FEDERALLY GRANTED THE RIGHT TO CARRY THEIR WEAPONS. THIS IS A FEDERAL LAW PASSED FIVE OR SIX YRS BACK. CALIFORNIA REFUSES TO RECOGNIZE THIS. THEY CLAIM THEY HAVE NO WAY TO ENFORCE OR ALLOW IT. I HAVE PERSONAL EXPERINCE WITH THIS PROBLEM.

LET ME SUGGEST THAT YOU TRY TO OBTAIN A CCW IN SAN DIEGO COUNTY. THERE ARE LESS THAN 300 CCWS ISSUED THERE. THEY SIMPLY WILL NOT GIVE THEM. IF YOU MAKE A $5000 CONTRIBUTION TO THE RE ELECTION FUND, FOR BILL COLNANDER THAT IS A PERK. BETTER YET, MAKE A $10K DONATION, AND HE WILL MAKE YOU AN
HONORARY DEP SHERIFF ASSOC. MEMBER. THEN YOU CAN WRITE YOUR OWN LICENSE FOR ANYTHING YOU WANT. YET IN SAN BERNARDIO YOU HAVE A VERY GOOD CHANCE........ GOOD LUCK..
 

BigAZBob

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I TRY VERY HARD TO PROVIDE TRUE AND CORRECT INFORMATION TO ANYONE THAT ASKS. I AM ALSO NOT ABOVE SAYING I MADE A MISTAKE. WELL KIND OF.... I CALLED A FRIEND THAT IS STILL, READY TO RETIRE LIKE ME, A SD CO. SHERIFF. HE INFORMED ME THAT THE LAW THAT I PREVIOUSLY SPOKE OF WAS A SD CO. ORDINENCE. IT HAS ALSO BEEN REPEALED, OR AT LEAST NO LONGER ENFORCED. I HAVE BEEN AWAY FOR LOCAL CA LAW ENFORCEMENT FOR OVER 17 YRS. SORRY FOR THE MIS SPEAK...
 

cato

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BigAZBob wrote:
I TRY VERY HARD TO PROVIDE TRUE AND CORRECT INFORMATION TO ANYONE THAT ASKS. I AM ALSO NOT ABOVE SAYING I MADE A MISTAKE. WELL KIND OF.... I CALLED A FRIEND THAT IS STILL, READY TO RETIRE LIKE ME, A SD CO. SHERIFF. HE INFORMED ME THAT THE LAW THAT I PREVIOUSLY SPOKE OF WAS A SD CO. ORDINENCE. IT HAS ALSO BEEN REPEALED, OR AT LEAST NO LONGER ENFORCED. I HAVE BEEN AWAY FOR LOCAL CA LAW ENFORCEMENT FOR OVER 17 YRS. SORRY FOR THE MIS SPEAK...

No problem BigAZBob. Welcome to the forum. You're actually half right. The general public can purchase OC spray can less then 2.5 oz. Over 2.5oz and some kind of permit/license is needed. 16-17 years olds can possess with note from a parent. I'll find the code later. I'm a currant 830.1 PC but also make mistakes sometimes :)

State licenses to carryare also good state wide unless the issuing authority restricts it "reasonably".
 

marshaul

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I'm not so sure...

It is my understanding that a California LTC permit is valid throughout the state, due to state pre-emption. Basically, every county is required to allow CCW, but the problem arises when corrupt officials don't grant LTCs to their own unlucky residents, or (even worse) use them for political gratuity.

But it is my understanding that once you get a LTC, t he state itself recognizes it. Perhaps someone can back me up on this.

Aren't you supposed to refer to specific code on this site when asserting that something is a law (as opposed to saying what you think the law may be)?
 

BigAZBob

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California, as I pointed out has had some growing pains. What is acceptable in one county may not be in another. The reason that I made the comment about limited area CCW, is that a friend of mine, is a former SDPD, US Customs, and Treasury and Secret Service was granted his CCW, when he got his Private Investigators license an it was '"according to the issuing agency" limited to Southern Ca. LA, south. It is my understanding now that his new one, renew 2yrs, has no restrictions. San Diego makes its own rules, and in many cases ignores state law. I know this from personal experience. I have been away for some time now and it is starting to follow the main stream. There was a political group that "ran" SD. Much like the Daily Machine, in Chicago. The former Sheriff, according to the FBI, was a direct connect to the MOB. There has been 2 Sheriff's since that one.
 

cato

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Yes, issuing agencies may place "reasonable" restrictions on LTCs as to the manner, place and method of carry.
 

Euromutt

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BigAZBob wrote:
Pepper spray requires a license too... I was a Dep Sheriff in Southern Ca. and the policies are to make everyone some type of felon to prevent them from ever owning a firearm.
That used to be the case; the law was changed several years back. Later than 1997, I know that, because my wife (before she was my wife) used an unlicensed pepper spray (bought out of state) to hold off a would-be rapist in Fremont. Mind you, when she offered it to the responding officer, he told her to keep it, adding something to the effect that he'd rather take a report of an attempted rape rather than of a completed one.
 
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