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Nullifying 26350 Through Exemptions

ConditionThree

State Pioneer
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May 22, 2006
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Shasta County, California, USA

Decoligny

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Rosamond, California, USA
We may yet find out. ;-) The legal repercussions of a County Sheriff revoking a LTC outside the listed discretion of good cause, good moral character and residency is fodder for a civil rights suit.

There have been circumstances in the past where an advocate was using those exact exemptions under a license to carry, but not with one handgun concealed and one exposed.
I just figured that having both guns on my LTC it would be tactically superior to be carrying UOCfot 1A purposes while carrying concealed for 2A purposes (fully functional firearm)
 

MAC702

Campaign Veteran
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Jul 31, 2011
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Nevada
...I have a good friend who is a police officer with LACSD and they are ALL chomping at the bit to arrest open carriers now....
That's because police officers like him are not law enforcement officers. Most police aren't anymore. I'm referring to the description of "law enforcement officer," not the title.
 

camsoup

Regular Member
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Feb 23, 2008
Messages
167
Location
Red Bluff, California, USA
One of the exemptions is for holders of an LTC.

First question is this: What would be the legal repercussions of a County Sheriff revoking an LTC because someone exercised the exemption?

With the exemption, I could legally carry one of my firearms loaded and concealed, and one carried UOC.

Second question is this: Since having an LTC exempts me from 626.9, and having an LTC also exempts me from 26350, would it be legal for me to now UOC in a GFSZ? Unintended consequence?
Didn't they correct the language (somtime last year?) for the LTC's.... Essentially saying u have to carry concealed?
Something about "as" licensed and not "if" licensed?
 

Decoligny

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Messages
1,865
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Rosamond, California, USA
Didn't they correct the language (somtime last year?) for the LTC's.... Essentially saying u have to carry concealed?
Something about "as" licensed and not "if" licensed?
(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (e) of Section 7521 of the Business and Professions Code.

This section does not apply to...

...a person holding a valid license to carry the fiream pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4,
 

mjones

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Jul 15, 2008
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SoCal, , USA
Didn't they correct the language (somtime last year?) for the LTC's.... Essentially saying u have to carry concealed?
Something about "as" licensed and not "if" licensed?
No - that was only the exemption for Loaded carry that got changed. GFSZ and Open Carry still contain blanket exemptions for LTC holders.
 

ConditionThree

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Shasta County, California, USA
Exemptions #69 and #72 (PC26383) Permission from Businesses or Property Owners

Reposted from Facebook - Responsible Citizen's of California

RCC has requested and obtained permission from a business/private property owner to openly carry their handguns during their regular meetings. Mr McCarthy quotes the code citation in his letter.

Dear Responsible Citizen of California:

Go to the Calguns Foundation website to download and read Calguns Foundation's Open Letter and Analysis of Assembly Bill 144 at:
www.calgunsfoundation.org/downloads. There you will find an analysis that found 116 exemptions for unloaded open carry. One of those exemptions may allow you to open carry at RCC general meetings. RCC is not advising you to open carry at general meetings, but if you choose to do so please review the exemptions listed in the analysis before you do.

Disclaimer: The following information is not legal advice. It also clear that the accuracy of the legal information is not guaranteed. Members of Responsible Citizens of California and those that attend meetings are advised to seek professional help if they are concerned about a specific legal issue.

AB144 provides at least 116 exemptions for exposed and unloaded carrying of handguns within the eight (8) restricted areas found on page 2 of the analysis.

Specifically, AB144 EXEMPTS the open carrying of an unloaded handgun on Private Property.

Exemption 78 page 12 of 16 states: "Any person openly carrying an unloaded handgun when done on private property with the permission of a person who may open carry within that private property owned or lawfully possessed by that person pursuant to Penal Code Section: 26362 and 26055".

Sizzler Restaurant Manager in Torrance CA has given his permission to members and attendees of Responsible Citizens of California to open carry unloaded handguns while attending general meetings held at his restaurant on 3rd Tuesdays of every month.

(Penal Code 26389) - Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked
trunk of a motor vehicle or in a locked container.

What to do if I am arrested while lawfully carrying openly and unloaded (handgun) in compliance with AB144?

1. Remain Calm
2. Exercise your right to remain silent by (Q) stating that you are exercising your right to remain silent, and then (B) do precisely that.
3. Call an attorney knowledgeble in firearms law.
4. If you need assistance in locating a firearms attorney, please visit www.calgunsfoundation.org
5. If you cannot send an email or access the resources at CGF's Hotline webpage, you should call CGF's Help Hotline at (800) 556-2109 and request firearms attorney contacts for your area.

Remember: do not provide details of the situation in your communications to anyone other than your attorney.

Disclaimer: Responsible Citizens of California, its officers and board members are not recommending that you open carry at our general meetings, but if you choose to do so please read the sections addressed in this email before attending a general meeting.

A copy of the analysis has been provided to each of California's 58 sheriffs offices to ensure tht they are placed on notice of the actual provisions of AB144. thus effectively precluding these agencies from using ignorance as an excuse. In addition ,a copy of the analysis was provided to other law enforcement agencies and associations, including the California State Sheriff's Association, the California Police Chief's Association, and the California District Attorney's Association with a request that they circulate it to their members.
CFG also offers their assistance in the creation and review of any proposed policies and educational materials regarding AB144 to any law enforcement agency that seeks to properly train their officers and deputies.

Gene McCarthy
President
Responsible Citizens of California
 

ConditionThree

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May 22, 2006
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Location
Shasta County, California, USA
AB1527 Bump

Now that Portantino is going after long gun open carry, it appears that my suggestion that advocates exploit the exemptions will have to be considered if they intend to continue this practice.
 
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