• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Sacramento County (California) goes "shall issue" on concealed handgun permits!

chewy352

Regular Member
Joined
Sep 11, 2009
Messages
769
Location
Harrah, Oklahoma
How does this effect incorporated Cities?
I live in Riverside City, Riverside County.
Thanks!

You can get more information at: http://www.calguns.net/calgunforum/showthread.php?t=353861 They are fighting to make all counties shall issue.

Also this case which very well make CA shall issue as well: http://www.ctgunrights.com/00.Webpages/CA.motion.to.Dismiss.htm

Calguns Foundation also has a similar case (Sykes) however I am not familiar with it.

I thought I read an article awhile back that the Sheriff for Riverside county was accepting "self defense" as good cause??? Correct me if I'm wrong please Riverside residents.
 

DooFster

Regular Member
Joined
Nov 6, 2010
Messages
445
Location
Nellis AFB, Nevada
RE: Sacramento County Goes "Shall-Issue"...

Now let's see if we can get this to happen down in Solano County. I'm a little nervous to OC in Vallejo, but I've heard a bunch about the OC-"Rally" that happened awhile back at the park downtown, so the more I OC there, I'm more comfortable with it...
 

OPS MARINE

Regular Member
Joined
Apr 27, 2008
Messages
391
Location
, California, USA
Should I take this to mean that only Sacramento County Residents get the permit? Can non-residents apply? If you move, does it nullify the permit?
 

Coded-Dude

Regular Member
Joined
Oct 18, 2010
Messages
317
Location
Roseville
you have to live in the county for which you are applying.

however i thought the permit was good state wide for as long as it was valid.......
 
Last edited:

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Should I take this to mean that only Sacramento County Residents get the permit? Can non-residents apply? If you move, does it nullify the permit?

Technically its possible to get a non-res permit from Sac County if you live in another county. However, you must have a business or work in Sac County. If issued, it would only be good for 90 days & your 'home' issuing agency will be notified.

A permit is good for 90 days after moving out of the county of issuance. But, you must notify the issuing agency within 10 days.

Essentially there are four 12050 licenses available to non-LEO/Judges...
Resident CCW - good statewide for 2 years
NonResident CCW - good in county of issuance for 90 days
Resident LOC - good in county of issuance for 2 years
NonResident LOC - good in county issuance for 90 days
 
Last edited:

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
Questioning CCW statements and beliefs

I have read the Penal Code regarding people who possess CCWs and move from the County that issued.

My reading and I could be wrong, leads me to believe that CCWs issued in rural Calfifornia Counties with less than 200,000 inhabitants would expire if you move to an urban county with a population of more than 200,000.

The Penal Code seems to state that if the County with a population under 200,000 was the primary factor, (basis), in obaining the CCW then moving to a county with more than 200,000 would then and only then, trigger the expiration after ninety days. AGAIN, I COULD BE WRONG, BUT I HAVE READ AND RE-READ THIS SECTION MANY TIMES.


(B) If the license is one to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person, then it may not be revoked solely because the licensee changes his or her place of residence to another county if the licensee has not breached any conditions or restrictions set forth in the license or has not fallen into a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. However, any license issued pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) shall expire 90 days after the licensee moves from the county of issuance if the licensee's place of residence was the basis for issuance of the license.

(C) If the license is one to carry loaded and exposed a pistol, revolver, or other firearm capable of being concealed upon the person, the license shall be revoked immediately if the licensee changes his or her place of residence to another county.

In my opinion and reading of 12050 of the California Penal Codes leads me to believe that the trigger and determining single factor that begins the 90 day time period is the fact that the person with a rural issued CCW moved from a county with a population of less than 200,000 persons which was the basis for issuance. My belief is based on the following portion of 12050 which is contained in section (B) of paragraph (1) of subdivision (a):

"it may not be revoked solely because the licensee changes his or her place of residence to another county if the licensee has not breached any conditions"


subparagraph (A) or (B) of paragraph (1) of subdivision (a)

(a) (1) (A) The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats:
(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 only that county a pistol, revolver, or other firearm capable of being concealed upon the
person.
(B) The chief or other head of a municipal police department of any city or city and county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying is a resident of that city and has
completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats:
(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 in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
 

Gray Peterson

Founder's Club Member - Moderator
Joined
May 12, 2006
Messages
2,236
Location
Lynnwood, Washington, USA
I have read the Penal Code regarding people who possess CCWs and move from the County that issued.

My reading and I could be wrong, leads me to believe that CCWs issued in rural Calfifornia Counties with less than 200,000 inhabitants would expire if you move to an urban county with a population of more than 200,000.

There are two different carry licenses. The license to carry concealed statewide, and the loaded/exposed concealable firearm license. The loaded/exposed concealable firearm license is invalid outside of the county of issuance anyway. There were some changes in the law in late 2009 because someone was OCing on a PC12050 license in Los Angeles and they couldn't find anything to charge them with.
 

Gray Peterson

Founder's Club Member - Moderator
Joined
May 12, 2006
Messages
2,236
Location
Lynnwood, Washington, USA
Technically its possible to get a non-res permit from Sac County if you live in another county. However, you must have a business or work in Sac County. If issued, it would only be good for 90 days & your 'home' issuing agency will be notified.

A permit is good for 90 days after moving out of the county of issuance. But, you must notify the issuing agency within 10 days.

Essentially there are four 12050 licenses available to non-LEO/Judges...
Resident CCW - good statewide for 2 years
NonResident CCW - good statewide for 90 days
Resident LOC - good in county of issuance for 2 years
NonResident LOC - good in county issuance for 90 days

Bolded above is incorrect. It's only good for the county of issuance.
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
And the non-county res. license is only issued for 'business/place of employment' reasons. 12050(a)(1)(D)(ii) PC
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Bolded above is incorrect. It's only good for the county of issuance.

Thanks for the correction Gray. I knew something didn't look right and I didn't take the time to crosscheck myself. I was thinking it looked funny to me simply because of the change to the resident LOC license...
 

steele

Regular Member
Joined
Apr 20, 2010
Messages
135
Location
Ventura, California
This is the first I've heard of this, and I used to recently live in Sac County. I even thought to apply for a CCW, but stopped short once told only 200, or so, residents had CCWs in the whole county (2009).

I'm guessing Scott Jones (new Sheriff) had something to do with this? That is awesome news!
 
Last edited:

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
This is the first I've heard of this, and I used to recently live in Sac County. I even thought to apply for a CCW, but stopped short once told only 200, or so, residents had CCWs in the whole county (2009).

I'm guessing Mike Jones (new Sheriff) had something to do with this? That is awesome news!

No, they were essentially forced into submission by the CalGuns Foundation and company. Although I understand that the new Sheriff would indeed have been more favorable.

The initial case was Sykes v Prieto but I think its now known as Richards if you want to look up more info on it.
 

steele

Regular Member
Joined
Apr 20, 2010
Messages
135
Location
Ventura, California
No, they were essentially forced into submission by the CalGuns Foundation and company. Although I understand that the new Sheriff would indeed have been more favorable.

The initial case was Sykes v Prieto but I think its now known as Richards if you want to look up more info on it.

Much more judicial than I expected. Thanks for the info!
 
Top