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Thread: How does GFSZ pertain to CCW

  1. #1
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    How does GFSZ pertain to CCW

    Do CCW holders get an exemption for GFSZ or are they still mandated to 1000ft away?

    Thanks

  2. #2
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    From CA PC 626.9:
    (l) This section does not apply to a duly appointed peace officer
    as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, a full-time paid peace officer of another state or the
    federal government who is carrying out official duties while in
    California, any person summoned by any of these officers to assist in
    making arrests or preserving the peace while he or she is actually
    engaged in assisting the officer, a member of the military forces of
    this state or of the United States who is engaged in the performance
    of his or her duties, a person holding a valid license to carry the
    firearm pursuant to Article 3 (commencing with Section 12050) of
    Chapter 1 of Title 2 of Part 4
    , or an armored vehicle guard, engaged
    in the performance of his or her duties, as defined in subdivision
    (e) of Section 7521 of the Business and Professions Code.
    CA PC 12050 is the code on CCW licenses. Therefore, you can go within 1000' of a school with a CCW license.

  3. #3
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    jecsd1,

    Sense you do not live in CA, (per your other question/post... "will be vacationing in CA"), you must know that California DOES NOT honor any other states CCW permit.
    You will not be able to get a CA CCW permit while you are here. CCW therefore is not rec for any out of state visitors.

  4. #4
    Regular Member mjones's Avatar
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    Quote Originally Posted by Iopencarry View Post
    jecsd1,

    Sense you do not live in CA, (per your other question/post... "will be vacationing in CA"), you must know that California DOES NOT honor any other states CCW permit.
    You will not be able to get a CA CCW permit while you are here. CCW therefore is not rec for any out of state visitors.

    Good Catch! I presumed CA CCW when he asked about exemptions.

    As noted above in the actual text of the code - only CA 12050 licenses provide an exemption.

  5. #5
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    Correct, I do not live in CA. I live in TX where I carry everywhere thats not prohibited. I am however from CA originally and someday may move back, so I follow the CA CCW stuff pretty closely(looks like some progress may be made soon, via the Peruta case). All my and my wifes families live in CA and we visit once or twice a year. In TX my "CHL" exempts me from the 1000 ft rule in school zones (actually I can legally carry right up to the front door of any school) and I was curious if the CA CCW did the same.

    I WILL NOT be OC or CC in CA. I don't need my vacation turning into a night in jail.

    Thanks for the info! Who knows, if CA gets shall issue and castle doctrine I may just come back sooner!

  6. #6
    Newbie cato's Avatar
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    Quote Originally Posted by jecsd1 View Post
    (in Texas)...actually I can legally carry right up to the front door of any school...
    A licensee in Ca can carry into schools, gov. buildings and courts (some exceptions apply).

  7. #7
    Regular Member wewd's Avatar
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    Quote Originally Posted by jecsd1 View Post
    Thanks for the info! Who knows, if CA gets shall issue and castle doctrine I may just come back sooner!
    Clarify what you mean by "castle doctrine". California has what is commonly known as a "castle law", PC 198.5. Under that law, there is no duty to retreat from danger in the home as there is in some other states, and any person who uses deadly force against an intruder in their home will be assumed to have acted out of fear for their life.

    I think you probably are referring to the "stand your ground" law, which is what Texas has. Under that sort of law, there is no duty to retreat from danger anywhere the person has the right to be, and they can use deadly force to defend themselves, their family, and others nearby who are defenseless. California's law is not equivalent to the Texas law, nor is there any legal shield against civil suits stemming from the use of deadly force. That is an area of the law that could see a definite improvement in this state.
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    California Penal Code 626.9(l) mimics Federal Law 18 U.S.C. 922(q)(2)(B)(ii).
    Last edited by aadvark; 10-13-2010 at 12:23 PM.

  9. #9
    Regular Member mjones's Avatar
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    Quote Originally Posted by jecsd1 View Post
    Correct, I do not live in CA. I live in TX where I carry everywhere thats not prohibited. I am however from CA originally and someday may move back, so I follow the CA CCW stuff pretty closely(looks like some progress may be made soon, via the Peruta case). All my and my wifes families live in CA and we visit once or twice a year. In TX my "CHL" exempts me from the 1000 ft rule in school zones (actually I can legally carry right up to the front door of any school) and I was curious if the CA CCW did the same.

    I WILL NOT be OC or CC in CA. I don't need my vacation turning into a night in jail.

    Thanks for the info! Who knows, if CA gets shall issue and castle doctrine I may just come back sooner!
    The first major case with regard to CCW issuance reform is actuall Sykes for which we should have an answer very soon. Peruta will likely end up ammending to include the result of Sykes But, additionally Peruta will hopefully also have a very positive effect for non or parttime residents of CA.

    A CA CCW License is nearly carte blanche to carry anywhere in CA. This includes 'posted' business, bars, schools, churches, .gov buildings, etc. About the only thing it doesn't cover are gun shows and secure areas of airports.

  10. #10
    kittyhawk63
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    CCW versus Open Carry

    Quote Originally Posted by mjones View Post
    A CA CCW License is nearly carte blanche to carry anywhere in CA. This includes 'posted' business, bars, schools, churches, .gov buildings, etc. About the only thing it doesn't cover are gun shows and secure areas of airports.
    Does having a CA license for CCW allow you to open carry a sidearm anywhere you can carry it concealed...barring exceptions.

  11. #11
    Regular Member mjones's Avatar
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    Quote Originally Posted by kittyhawk63 View Post
    Does having a CA license for CCW allow you to open carry a sidearm anywhere you can carry it concealed...barring exceptions.
    No.

    It did in the past, but a recent 'cleanup' of 12031 made the language more precise and it now specifically requires that a PC 12050 licensee must be carrying 'as issued' for it to be a valid exemption.

  12. #12
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by kittyhawk63 View Post
    Does having a CA license for CCW allow you to open carry a sidearm anywhere you can carry it concealed...barring exceptions.
    A license to carry concealed permits the concealed carry of a handgun. It is not relevant to the carry of an exposed firearm but as has been pointed out, the exemption from 12031 has been eliminated so you would not be able to carry loaded and exposed in any of those places where loaded weapons or discharge is prohibited.
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