Hello All,
PC 26350 (b) (1) states:
"(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor."
PC 26350 (b) (2) states:
"(2) A violation of subparagraph (A) of paragraph (1) of
I am a little confused by these portions of PC 26350. Why was the legislature specific about the misdemeanor punishment for having ammo on your person when it is a misdemeanor already?
Does a person who openly carries a handgun in a public place or street in an incorporated city or city and county get charged with a double misdemeanor, if he/she has matching ammo and the gun is not registered to him/her?
Why did the legislature specify the punishment for subdivison (b) paragraph (2) and not subdivision (b) paragraph (1)?
What is the punishment for a misdemeanor crime if the punishment is not written-out in the Penal Code section (as in 26350 (b) (1)?
26350 (b) (2) does not state that it is a misdemeanor or felony crime; however, the punishment is in line with a misdemeanor. Is PC 26350 (b) (2) a misdemeanor or a felony?
I hope I am writing this post well enough for people to understand my questions.
markm
IANAL (I know, it is obvious!)
PC 26350 (b) (1) states:
"(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor."
PC 26350 (b) (2) states:
"(2) A violation of subparagraph (A) of paragraph (1) of
subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a
fine not to exceed one thousand dollars($1,000), or by both that fine and imprisonment, if both of the following conditions exist:
A) The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person.
(B) The person is not in lawful possession of that handgun."A) The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person.
I am a little confused by these portions of PC 26350. Why was the legislature specific about the misdemeanor punishment for having ammo on your person when it is a misdemeanor already?
Does a person who openly carries a handgun in a public place or street in an incorporated city or city and county get charged with a double misdemeanor, if he/she has matching ammo and the gun is not registered to him/her?
Why did the legislature specify the punishment for subdivison (b) paragraph (2) and not subdivision (b) paragraph (1)?
What is the punishment for a misdemeanor crime if the punishment is not written-out in the Penal Code section (as in 26350 (b) (1)?
26350 (b) (2) does not state that it is a misdemeanor or felony crime; however, the punishment is in line with a misdemeanor. Is PC 26350 (b) (2) a misdemeanor or a felony?
I hope I am writing this post well enough for people to understand my questions.
markm
IANAL (I know, it is obvious!)
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