When Can a Private Citizen Carry a Gun?
By Richard Hannibal
Firearms laws are complex. Penal Code section 12031 states that a person cannot carry 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 (Morro Bay) or in any public place or on any public street in a prohibited area of unincorporated territory (county area).
There are additional prohibitions about carrying a loaded gun into a public building, political meeting place or within 1,000 feet of a school. Effective January 1, 2012, a new California law takes effect, which prohibits the carrying of even an ‘unloaded' gun in a public place. The California Police Chief's Association endorses this bill. The law carries with it a fine of $1,000 and up to a year in prison. It exempts law enforcement officers, persons who have been issued concealed weapons permits by local law enforcement officials, and those selling unloaded weapons at gun shows
In addition, it is unlawful to carry a firearm capable of being concealed, loaded or unloaded, concealed upon your person or within any vehicle, without a license or permit.
A firearm capable of being concealed is any pistol or firearm with a barrel less than 16 inches in length. Also included are flare guns. Some felons and persons who have been convicted of certain narcotics and domestic violence crimes — including some misdemeanors — may not possess a firearm in any manner.
Pursuant to the Federal Domestic Violence Gun Control Act (18 U.S.C. § 921(a) and 18 U.S.C. § 922(d)), any person who has been convicted of a misdemeanor domestic violence offense is prohibited from possessing any firearm or ammunition. Such offenses may include any conviction involving the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship.
A citizen can apply for a Concealed Weapons Permit with the sheriff of the county or police chief in the area where they live. The citizen must be 21 years old, reside within the jurisdiction, and not prohibited by law (convicted felon, mental patient, convicted of certain narcotics or domestic violence laws, etc.) from possessing a firearm. In addition, there must be good cause existing for a license to be issued and the citizen must complete a specified training course.
In most cities in San Luis Obispo County, including Morro Bay, the citizen is referred to the Sheriff's Department for application and processing of concealed firearms permits.
Possession of a firearm is a very complex and controversial Second Amendment issue. The State of Arizona, which already allows the open-carry of loaded guns, just passed a law allowing all citizens to carry loaded, concealed guns without a permit. Of course, there are exceptions for mental patients and certain convicted criminals.
One of my readers said she saw a young man get out of his car the other day and he had a holstered gun strapped to his side. He put on a coat that covered the gun and walked inside McDonalds with a young woman and little girl by his side.
Most police officers carry a concealed firearm while off-duty. They are permitted by law and department policy to do this. By the very nature of their jobs, cops make enemies and have the right to defend themselves at all times. In addition, an off-duty police officer may become involved in defending another person during the commission of a violent crime. It is my guess the man our reader was referring to was either a detective or an off-duty officer. If you are ever in doubt, please call 911 and let your police department check out the person.
Morro Bay Police Range Master, Ian McKnight is certified to offer private citizen classes in basic pistol, rifle, and shotgun use. He also offers classes in personal safety, personal defensive tactics, personal Taser use, and Concealed Weapon Carry. Ian can be contacted at: ukenshoot@msn.com
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