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Thread: Merchant Loophole?

  1. #1
    Regular Member
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    Merchant Loophole?

    Hi, I am a coin dealer from Idaho, I travel to California on business from time to time. I would like to carry a gun for protection of the my goods. I was talking with another dealer who said that he carries one concealed, legally, there every time he goes. He said there is a loop hope in the California Code that allows a traveling merchant to carry a concealed handgun as long as they have a valid Concealed permit from their state of residence. Just curious if there is any truth to this and if you have a link to where I might find this info
    Thanks in advance for the replys

  2. #2
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    No. Weapons permits from other states are not valid in California.
    (PC Sections 12025-12031)

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    California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

    The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

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    http://ag.ca.gov/firearms/

  3. #3
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  4. #4
    Regular Member mjones's Avatar
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    Hi Giz

    I'm simply reinforcing what iopencarry has already post..

    There is no 'merchant' exception to carrying a concealed weapon.

    Its important to note that CA, unlike most states, has separate sections of the penal code for dealing with concealment (PC 12025) and loaded (PC 12031) - having a legal exception for one doesn't mean that you have an exception for the other.

    The closest you will get in CA to what your other dealer friend mentions is what's called LUCC - Locked Unloaded Concealed Carry. If you want to research that item, I'd recommend going here to this link

    The other primary firearm gotcha here - do not import any 'large capacity magazines' (11+ rounds) unless you posessed them in CA prior to 1/1/00 (PC 12020)

    The last handgun related issue for out of staters that I can think of are 'assault pistols' - any pistol with a threaded barrel (among a few other 'rare' handgun issues) is a defacto assault pistol and is a felony to bring into CA (PC 12078?)

    If you want to look at the codes yourself - the official website is http://leginfo.ca.gov/ which has unfortunately been down for a few days.

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