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Thread: AB144: Philanthropic Organization?

  1. #1
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    AB144: Philanthropic Organization?

    There's a weird exemption in AB144:

    (d) A charitable philanthropic society or association duly
    incorporated under the laws of this state that is organized and
    maintained for the public good and not for private profit.

    Can anyone explain that? It seems to imply that charitable philanthropic society can openly carry a handgun. Not that that makes any sense whatsoever.

    Alexander

  2. #2
    Regular Member Gundude's Avatar
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    Quote Originally Posted by DoomGoober View Post
    There's a weird exemption in AB144:

    (d) A charitable philanthropic society or association duly
    incorporated under the laws of this state that is organized and
    maintained for the public good and not for private profit.

    Can anyone explain that? It seems to imply that charitable philanthropic society can openly carry a handgun. Not that that makes any sense whatsoever.

    Alexander
    Calguns Foundation?
    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.

  3. #3
    State Pioneer ConditionThree's Avatar
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    This probably should join the thread on nullifying 25350 through exemptions.

    Specifically, this exemption is to charities that have non-profit status in California. So- think 'Salvation Army', except UOCing pistols while they conduct their bell ringing, or fundraising events. This would pair up with SBOC's Christmas Toy Drive very well... I like the idea of doing a BBQ to raise funds for kids and teens to attend an Appleseed Event or NRA gun safety seminar.

    Since the law does not specify manner, place, and time, members of the charity in my opinion, could continue to carry everywhere they used to so long as they could prove that they were in the association.
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    Regular Member coolusername2007's Avatar
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    That exemption could be big enough to drive a Mack truck through!
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  5. #5
    Regular Member Firemark's Avatar
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    So when will Cal Guns or Responsible Citizens of California start issuing ID cards?????
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    are all true non-profit calif organizations? membership cards may be the answer

    is SBOC , Cal-guns, Responsible Citizens, etc, all true non-profit California organizations per the exemption? I suggest that these organizations attorneys help design nice laminated/ credit card style memberships cards with the members names permanently on them, saying that they are lawfully compliant and qualify for the exemption per section ++dot, dot,dot ++. These should start being issued in December so that when the new law takes effect in January nothing changes. I can see the gun attorneys getting real busy, when the LEO's start arresting people lawfully carrying because they did not read all the exemptions in the new law. The attorneys have a chance to really help out on this law (and making a good defense foundation for anyone lawfully arrested) for the folks that decide to continue to carry handguns. This exemption does not provide a hole "big enough for a mack truck" , no this exemption is big enough to get a large cruise ship full of gun carrying passengers!

    Having your organizations handouts with you when carrying would only prove you are out to assist educating the public on your organizations good work and charity goals.
    Last edited by oc4ever; 12-02-2011 at 01:23 PM.

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    Regular Member Superlite27's Avatar
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    Why does it have to be "Calguns" or "Responsible Citizens"? The law simply states "Non-profit Organization", right?

    How hard is it to establish a "Non-Profit Organization" there in CA?

    Who is prevented from doing so?

    Couldn't any old schmo simply register a "Non-profit Organization" called "Supporters of Joe's Taco Stand" or "People for the Ethical Treatment of Azalea Bushes" or....ANYTHING, and, as long as it legally qualifies as a non-profit....

    ....BE EXEMPT?

    It doesn't even state how many members are required.

    I'll start a Non-Profit called "Fans of Superlite". Most likely, only three people would likely join (Well, at least me and my dog).

    But, if we were a registered non-profit organization...we'd be exempt, correct?

    Am I on track with this, or simply building sand castles in the sky?

  8. #8
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by oc4ever View Post
    is SBOC , Cal-guns, Responsible Citizens, etc, all true non-profit California organizations per the exemption? I suggest that these organizations attorneys help design nice laminated/ credit card style memberships cards with the members names permanently on them, saying that they are lawfully compliant and qualify for the exemption per section ++dot, dot,dot ++. These should start being issued in December so that when the new law takes effect in January nothing changes. I can see the gun attorneys getting real busy, when the LEO's start arresting people lawfully carrying because they did not read all the exemptions in the new law. The attorneys have a chance to really help out on this law (and making a good defense foundation for anyone lawfully arrested) for the folks that decide to continue to carry handguns. This exemption does not provide a hole "big enough for a mack truck" , no this exemption is big enough to get a large cruise ship full of gun carrying passengers!

    Having your organizations handouts with you when carrying would only prove you are out to assist educating the public on your organizations good work and charity goals.
    Quote Originally Posted by Superlite27 View Post
    Why does it have to be "Calguns" or "Responsible Citizens"? The law simply states "Non-profit Organization", right?

    How hard is it to establish a "Non-Profit Organization" there in CA?

    Who is prevented from doing so?

    Couldn't any old schmo simply register a "Non-profit Organization" called "Supporters of Joe's Taco Stand" or "People for the Ethical Treatment of Azalea Bushes" or....ANYTHING, and, as long as it legally qualifies as a non-profit....

    ....BE EXEMPT?

    It doesn't even state how many members are required.

    I'll start a Non-Profit called "Fans of Superlite". Most likely, only three people would likely join (Well, at least me and my dog).

    But, if we were a registered non-profit organization...we'd be exempt, correct?

    Am I on track with this, or simply building sand castles in the sky?
    This strategy is being examined. To be specific, the charity would have to benefit the community at large.
    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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  9. #9
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    Quote Originally Posted by ConditionThree View Post
    This strategy is being examined. To be specific, the charity would have to benefit the community at large.
    Here's some Ideas : to help this organization.
    To help educate the local people and kids, that what Im carrying, is a "defensive tool", used for
    "detouring bad guys" who might want to harm me or some one else.
    The organization I belong to is to help educate and also to provide security for my little friends ( Kids)
    in this community.
    How about that ? Robin47

  10. #10
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Robin47 View Post
    Here's some Ideas : to help this organization.
    To help educate the local people and kids, that what Im carrying, is a "defensive tool", used for
    "detouring bad guys" who might want to harm me or some one else.
    The organization I belong to is to help educate and also to provide security for my little friends ( Kids)
    in this community.
    How about that ? Robin47
    No. Again, the non-profit would be a charity that collects donations to distribute for the benefit of the community. Think more along the lines of the Salvation Army, Red Cross, a Regional Food Bank, any non-profit organization that donates funds for disease, misfortune, or acts of God... SBOC filled this out aptly having a Christmas Toy Drive and I am pretty sure they were a 501c3.

    Doling out information would not really be a charity. And I believe you mean 'detering' rather than 'detouring'.
    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

  11. #11
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    According to Wikipedia, a Charitable Organization (the closest I could find to Charitable Philanthropic Society) needs to qualify first as 501(c)(3), needs to meet state requirements, then needs to meet Federal requirements to distinguish it from a private foundation.

    Here's what Wikipedia says about the last bit (emphasis added by me):

    The types of charitable organization that are considered by the IRS to be organized for the public benefit include those that are organized for:
    Relief of the poor, the distressed, or the underprivileged,
    Advancement of religion,
    Advancement of education or science,
    Erection or maintenance of public buildings, monuments, or works,
    Lessening the burdens of government,
    Lessening of neighborhood tensions,
    Elimination of prejudice and discrimination,
    Defense of human and civil rights secured by law, and
    Combating community deterioration and juvenile delinquency.
    A number of other organizations, including those organized for religious, scientific, literary and educational purposes, as well as those for testing for public safety and for fostering national or international amateur sports competition, and for the prevention of cruelty to children or animals, may also qualify for exempt status.
    We also need to see what California requires.

  12. #12
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    Quote Originally Posted by DoomGoober View Post
    According to Wikipedia, a Charitable Organization (the closest I could find to Charitable Philanthropic Society) needs to qualify first as 501(c)(3), needs to meet state requirements, then needs to meet Federal requirements to distinguish it from a private foundation.

    Here's what Wikipedia says about the last bit (emphasis added by me):



    We also need to see what California requires.
    OK, so we have meet-ups, and BBQ's and that's our drive to collect donations for the local homeless
    people.
    Also the 501(c)(3) exemption would count as a Religious Advancement.
    Because in the Bible it say's in Luke 22:36 Then he said ( Jesus) unto them, "But now, he that
    has a purse, let him take it, and likewise his scrip:and he that has no sword, let him sell his
    garment, and buy one".
    I just prefer a 357 Mag ! Robin47

  13. #13
    Regular Member Firemark's Avatar
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    Quote Originally Posted by ConditionThree View Post
    This strategy is being examined. To be specific, the charity would have to benefit the community at large.
    I belong to a 501c3 that provides free services at funerals, there is no legal requirement for hours of services or the number of ceremonies we must perform to maintain charitable status, and we practice weekly.

    So as long as a reasonable definiton of a "ceremony" can be made for UOC then practicing for it often in public should be reasonable to pass the exemptions.
    New to OPEN CARRY? Click here first

    "Gun owners in California in 2011 are like black people in the south in 1955. If you don't understand that then your concepts of fighting for gun rights is just tilting at windmills." Gene Hoffman.

    "Why do you need to carry a gun?" ...Because it not a Bill of Needs, its a Bill of Rights!!

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    Easy there mustang sally

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