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Thread: 12031 (e)

  1. #1
    Regular Member Gundude's Avatar
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    12031 (e)

    Does 12031 (e) apply to long guns and handguns.
    It's in the penal code section dealing with handguns being concealed/loaded etc.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  2. #2
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    It is unlawful to carry a loaded firearm on one’s person or in a vehicle while in any public place, on
    any public street, or in any place where it is unlawful to discharge a firearm.(Penal Code §
    12031(a)(1).)
    A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to,
    the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to
    the firearm. A muzzle-loading firearm is deemed loaded when it is capped or primed and has a
    powder charge and ball or shot in the barrel or cylinder. (Penal Code § 12031(g).


    full text, 12031

    12031. (a) (1) A person is guilty of carrying a loaded firearm when
    he or she carries a loaded firearm on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or in any public place or on any public street in a
    prohibited area of unincorporated territory.
    (2) Carrying a loaded firearm in violation of this section is
    punishable, as follows:
    (A) Where the person previously has been convicted of any felony,
    or of any crime made punishable by this chapter, as a felony.
    (B) Where the firearm is stolen and the person knew or had
    reasonable cause to believe that it was stolen, as a felony.
    (C) Where the person is an active participant in a criminal street
    gang, as defined in subdivision (a) of Section 186.22, under the
    Street Terrorism Enforcement and Prevention Act (Chapter 11
    (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
    (D) Where the person is not in lawful possession of the firearm,
    as defined in this section, or is within a class of persons
    prohibited from possessing or acquiring a firearm pursuant to Section
    12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
    and Institutions Code, as a felony.
    (E) Where the person has been convicted of a crime against a
    person or property, or of a narcotics or dangerous drug violation, by
    imprisonment in the state prison, or by imprisonment in a county
    jail not to exceed one year, by a fine not to exceed one thousand
    dollars ($1,000), or by both that imprisonment and fine.
    (F) Where the person is not listed with the Department of Justice
    pursuant to Section 11106, as the registered owner of the handgun, by
    imprisonment in the state prison, or by imprisonment in a county
    jail not to exceed one year, or by a fine not to exceed one thousand
    dollars ($1,000), or both that fine and imprisonment.
    (G) In all cases other than those specified in subparagraphs (A)
    to (F), inclusive, as a misdemeanor, punishable by imprisonment in a
    county jail not to exceed one year, by a fine not to exceed one
    thousand dollars ($1,000), or by both that imprisonment and fine.
    (3) For purposes of this section, "lawful possession of the
    firearm" means that the person who has possession or custody of the
    firearm either lawfully acquired and lawfully owns the firearm or has
    the permission of the lawful owner or person who otherwise has
    apparent authority to possess or have custody of the firearm. A
    person who takes a firearm without the permission of the lawful owner
    or without the permission of a person who has lawful custody of the
    firearm does not have lawful possession of the firearm.
    (4) Nothing in this section shall preclude prosecution under
    Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
    Welfare and Institutions Code, or any other law with a greater
    penalty than this section.
    (5) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)
    of Section 836, a peace officer may make an arrest without a warrant:
    (i) When the person arrested has violated this section, although
    not in the officer's presence.
    (ii) Whenever the officer has reasonable cause to believe that the
    person to be arrested has violated this section, whether or not this
    section has, in fact, been violated.
    (B) A peace officer may arrest a person for a violation of
    subparagraph (F) of paragraph (2), if the peace officer has probable
    cause to believe that the person is carrying a loaded handgun in
    violation of this section and that person is not listed with the
    Department of Justice pursuant to paragraph (1) of subdivision (c) of
    Section 11106 as the registered owner of that handgun.
    (6) (A) Every person convicted under this section who has
    previously been convicted of an offense enumerated in Section
    12001.6, or of any crime made punishable under this chapter, shall
    serve a term of at least three months in a county jail, or, if
    granted probation or if the execution or imposition of sentence is
    suspended, it shall be a condition thereof that he or she be
    imprisoned for a period of at least three months.
    (B) The court shall apply the three-month minimum sentence except
    in unusual cases where the interests of justice would best be served
    by granting probation or suspending the imposition or execution of
    sentence without the minimum imprisonment required in this
    subdivision or by granting probation or suspending the imposition or
    execution of sentence with conditions other than those set forth in
    this subdivision, in which case, the court shall specify on the
    record and shall enter on the minutes the circumstances indicating
    that the interests of justice would best be served by that
    disposition.
    (7) A violation of this section which is punished by imprisonment
    in a county jail not exceeding one year shall not constitute a
    conviction of a crime punishable by imprisonment for a term exceeding
    one year for the purposes of determining federal firearms
    eligibility under Section 922(g)(1) of Title 18 of the United States
    Code.
    (b) Subdivision (a) shall not apply to any of the following:
    (1) Peace officers listed in Section 830.1 or 830.2, or
    subdivision (a) of Section 830.33, whether active or honorably
    retired, other duly appointed peace officers, honorably retired peace
    officers listed in subdivision (c) of Section 830.5, other honorably
    retired peace officers who during the course and scope of their
    employment as peace officers were authorized to, and did, carry
    firearms, full-time paid peace officers of other states and the
    federal government who are carrying out official duties while in
    California, or any person summoned by any of those officers to assist
    in making arrests or preserving the peace while the person is
    actually engaged in assisting that officer. Any peace officer
    described in this paragraph who has been honorably retired shall be
    issued an identification certificate by the law enforcement agency
    from which the officer has retired. The issuing agency may charge a
    fee necessary to cover any reasonable expenses incurred by the agency
    in issuing certificates pursuant to this paragraph and paragraph
    (3).
    Any officer, except an officer listed in Section 830.1 or 830.2,
    subdivision (a) of Section 830.33, or subdivision (c) of Section
    830.5 who retired prior to January 1, 1981, shall have an endorsement
    on the identification certificate stating that the issuing agency
    approves the officer's carrying of a loaded firearm.
    No endorsement or renewal endorsement issued pursuant to paragraph
    (2) shall be effective unless it is in the format set forth in
    subparagraph (D) of paragraph (1) of subdivision (a) of Section
    12027, except that any peace officer listed in subdivision (f) of
    Section 830.2 or in subdivision (c) of Section 830.5, who is retired
    between January 2, 1981, and on or before December 31, 1988, and who
    is authorized to carry a loaded firearm pursuant to this section,
    shall not be required to have an endorsement in the format set forth
    in subparagraph (D) of paragraph (1) of subdivision (a) of Section
    12027 until the time of the issuance, on or after January 1, 1989, of
    a renewal endorsement pursuant to paragraph (2).
    (2) A retired peace officer, except an officer listed in Section
    830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
    of Section 830.5 who retired prior to January 1, 1981, shall
    petition the issuing agency for renewal of his or her privilege to
    carry a loaded firearm every five years. An honorably retired peace
    officer listed in Section 830.1 or 830.2, subdivision (a) of Section
    830.33, or subdivision (c) of Section 830.5 who retired prior to
    January 1, 1981, shall not be required to obtain an endorsement from
    the issuing agency to carry a loaded firearm. The agency from which a
    peace officer is honorably retired may, upon initial retirement of
    the peace officer, or at any time subsequent thereto, deny or revoke
    for good cause the retired officer's privilege to carry a loaded
    firearm. A peace officer who is listed in Section 830.1 or 830.2,
    subdivision (a) of Section 830.33, or subdivision (c) of Section
    830.5 who is retired prior to January 1, 1981, shall have his or her
    privilege to carry a loaded firearm denied or revoked by having the
    agency from which the officer retired stamp on the officer's
    identification certificate "No CCW privilege."
    (3) An honorably retired peace officer who is listed in
    subdivision (c) of Section 830.5 and authorized to carry loaded
    firearms by this subdivision shall meet the training requirements of
    Section 832 and shall qualify with the firearm at least annually. The
    individual retired peace officer shall be responsible for
    maintaining his or her eligibility to carry a loaded firearm. The
    Department of Justice shall provide subsequent arrest notification
    pursuant to Section 11105.2 regarding honorably retired peace
    officers listed in subdivision (c) of Section 830.5 to the agency
    from which the officer has retired.
    (4) Members of the military forces of this state or of the United
    States engaged in the performance of their duties.
    (5) Persons who are using target ranges for the purpose of
    practice shooting with a firearm or who are members of shooting clubs
    while hunting on the premises of those clubs.
    (6) The carrying of handguns by persons as authorized pursuant to
    Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of
    Part 4.
    (7) Armored vehicle guards, as defined in Section 7521 of the
    Business and Professions Code, (A) if hired prior to January 1, 1977,
    or (B) if hired on or after that date, if they have received a
    firearms qualification card from the Department of Consumer Affairs,
    in each case while acting within the course and scope of their
    employment.
    (8) Upon approval of the sheriff of the county in which they
    reside, honorably retired federal officers or agents of federal law
    enforcement agencies, including, but not limited to, the Federal
    Bureau of Investigation, the Secret Service, the United States
    Customs Service, the Federal Bureau of Alcohol, Tobacco, and
    Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
    Administration, the United States Border Patrol, and officers or
    agents of the Internal Revenue Service who were authorized to carry
    weapons while on duty, who were assigned to duty within the state for
    a period of not less than one year, or who retired from active
    service in the state.
    Retired federal officers or agents shall provide the sheriff with
    certification from the agency from which they retired certifying
    their service in the state, the nature of their retirement, and
    indicating the agency's concurrence that the retired federal officer
    or agent should be accorded the privilege of carrying a loaded
    firearm.
    Upon approval, the sheriff shall issue a permit to the retired
    federal officer or agent indicating that he or she may carry a loaded
    firearm in accordance with this paragraph. The permit shall be valid
    for a period not exceeding five years, shall be carried by the
    retiree while carrying a loaded firearm, and may be revoked for good
    cause.
    The sheriff of the county in which the retired federal officer or
    agent resides may require recertification prior to a permit renewal,
    and may suspend the privilege for cause. The sheriff may charge a fee
    necessary to cover any reasonable expenses incurred by the county.
    (c) Subdivision (a) shall not apply to any of the following who
    have completed a regular course in firearms training approved by the
    Commission on Peace Officer Standards and Training:
    (1) Patrol special police officers appointed by the police
    commission of any city, county, or city and county under the express
    terms of its charter who also, under the express terms of the
    charter, (A) are subject to suspension or dismissal after a hearing
    on charges duly filed with the commission after a fair and impartial
    trial, (B) are not less than 18 years of age or more than 40 years of
    age, (C) possess physical qualifications prescribed by the
    commission, and (D) are designated by the police commission as the
    owners of a certain beat or territory as may be fixed from time to
    time by the police commission.
    (2) The carrying of weapons by animal control officers or
    zookeepers, regularly compensated as such by a governmental agency
    when acting in the course and scope of their employment and when
    designated by a local ordinance or, if the governmental agency is not
    authorized to act by ordinance, by a resolution, either individually
    or by class, to carry the weapons, or by persons who are authorized
    to carry the weapons pursuant to Section 14502 of the Corporations
    Code, while actually engaged in the performance of their duties
    pursuant to that section.
    (3) Harbor police officers designated pursuant to Section 663.5 of
    the Harbors and Navigation Code.
    (d) Subdivision (a) shall not apply to any of the following who
    have been issued a certificate pursuant to Section 12033. The
    certificate shall not be required of any person who is a peace
    officer, who has completed all training required by law for the
    exercise of his or her power as a peace officer, and who is employed
    while not on duty as a peace officer.
    (1) Guards or messengers of common carriers, banks, and other
    financial institutions while actually employed in and about the
    shipment, transportation, or delivery of any money, treasure,
    bullion, bonds, or other thing of value within this state.
    (2) Guards of contract carriers operating armored vehicles
    pursuant to California Highway Patrol and Public Utilities Commission
    authority (A) if hired prior to January 1, 1977, or (B) if hired on
    or after January 1, 1977, if they have completed a course in the
    carrying and use of firearms which meets the standards prescribed by
    the Department of Consumer Affairs.
    (3) Private investigators and private patrol operators who are
    licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
    and alarm company operators who are licensed pursuant to Chapter 11.6
    (commencing with Section 7590) of, Division 3 of the Business and
    Professions Code, while acting within the course and scope of their
    employment.
    (4) Uniformed security guards or night watch persons employed by
    any public agency, while acting within the scope and course of their
    employment.
    (5) Uniformed security guards, regularly employed and compensated
    in that capacity by persons engaged in any lawful business, and
    uniformed alarm agents employed by an alarm company operator, while
    actually engaged in protecting and preserving the property of their
    employers or on duty or en route to or from their residences or their
    places of employment, and security guards and alarm agents en route
    to or from their residences or employer-required range training.
    Nothing in this paragraph shall be construed to prohibit cities and
    counties from enacting ordinances requiring alarm agents to register
    their names.
    (6) Uniformed employees of private patrol operators and private
    investigators licensed pursuant to Chapter 11.5 (commencing with
    Section 7512) of Division 3 of the Business and Professions Code,
    while acting within the course and scope of their employment.
    (e) In order to determine whether or not a firearm is loaded for
    the purpose of enforcing this section, peace officers are authorized
    to examine any firearm carried by anyone on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or prohibited area of an unincorporated territory.
    Refusal to allow a peace officer to inspect a firearm pursuant to
    this section constitutes probable cause for arrest for violation of
    this section.
    (f) As used in this section, "prohibited area" means any place
    where it is unlawful to discharge a weapon.
    (g) A firearm shall be deemed to be loaded for the purposes of
    this section when there is an unexpended cartridge or shell,
    consisting of a case that holds a charge of powder and a bullet or
    shot, in, or attached in any manner to, the firearm, including, but
    not limited to, in the firing chamber, magazine, or clip thereof
    attached to the firearm; except that a muzzle-loader firearm shall be
    deemed to be loaded when it is capped or primed and has a powder
    charge and ball or shot in the barrel or cylinder.
    (h) Nothing in this section shall prevent any person engaged in
    any lawful business, including a nonprofit organization, or any
    officer, employee, or agent authorized by that person for lawful
    purposes connected with that business, from having a loaded firearm
    within the person's place of business, or any person in lawful
    possession of private property from having a loaded firearm on that
    property.
    (i) Nothing in this section shall prevent any person from carrying
    a loaded firearm in an area within an incorporated city while
    engaged in hunting, provided that the hunting at that place and time
    is not prohibited by the city council.
    (j) (1) Nothing in this section is intended to preclude the
    carrying of any loaded firearm, under circumstances where it would
    otherwise be lawful, by a person who reasonably believes that the
    person or property of himself or herself or of another is in
    immediate, grave danger and that the carrying of the weapon is
    necessary for the preservation of that person or property. As used in
    this subdivision, "immediate" means the brief interval before and
    after the local law enforcement agency, when reasonably possible, has
    been notified of the danger and before the arrival of its
    assistance.
    (2) A violation of this section is justifiable when a person who
    possesses a firearm reasonably believes that he or she is in grave
    danger because of circumstances forming the basis of a current
    restraining order issued by a court against another person or persons
    who has or have been found to pose a threat to his or her life or
    safety. This paragraph may not apply when the circumstances involve a
    mutual restraining order issued pursuant to Division 10 (commencing
    with Section 6200) of the Family Code absent a factual finding of a
    specific threat to the person's life or safety. It is not the intent
    of the Legislature to limit, restrict, or narrow the application of
    current statutory or judicial authority to apply this or other
    justifications to defendants charged with violating Section 12025 or
    of committing other similar offenses.
    Upon trial for violating this section, the trier of fact shall
    determine whether the defendant was acting out of a reasonable belief
    that he or she was in grave danger.
    (k) Nothing in this section is intended to preclude the carrying
    of a loaded firearm by any person while engaged in the act of making
    or attempting to make a lawful arrest.
    (l) Nothing in this section shall prevent any person from having a
    loaded weapon, if it is otherwise lawful, at his or her place of
    residence, including any temporary residence or campsite.

  3. #3
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Just in case you didn't feel like reading all that, yes, 12031(e) applies to long rifles as well as handguns. You may recall that People v. DeLong involved a rifle in the trunk of an automobile that was "inspected" under 12031(e).

  4. #4
    Regular Member Lawful Aim's Avatar
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    It only applies to 14th Amendment US CITIZENS http://www.youtube.com/watch?v=y4xV4MTnCdc and those who claim to be residents of a STATE and/or those who consent to the seizure.

    It also only applies to a "person"; American Law and Procedure, Vol 13, page 137, 1910:"This word `person' and is here not a physical or individual person, but the status or condition with which he is invested... not an individual or physical person, but the status, condition or character borne by physical persons... The law of persons is the law of status or condition."

    Are you a "person" or does one have a person?
    Last edited by Lawful Aim; 10-16-2011 at 07:21 PM.
    The world is a dangerous place. Not because of the people who are evil; but because of the people who don't do anything about it. -Albert Einstein
    Liberty that was diminished in increments has never been restored by the same. -Lawful Aim
    One who compromises in steps toward freedom will always be compromising. -Lawful Aim
    It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. -Samuel Adams

  5. #5
    Regular Member Gundude's Avatar
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    A yes would have sufficed.
    Thanks
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  6. #6
    Activist Member Joshua Costa's Avatar
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    Yes.
    "I do not love the sword for its gleam, nor the arrow for its swiftness, nor the warrior for his glory; I love only what they protect."
    — J.R.R. Tolkien

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