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Old February 22, 2014, 02:40 PM   #180
62coltnavy
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Join Date: February 1, 2011
Posts: 348
Not only is the State not a party, the majority opinion did not declare that the "may issue" state statute was unconstitutional, rather that the Sheriff's application of that statute was unconstitutional. This raises the issue in my mind as to whether the AG even has standing to assert error. I don't think she does (I am sure much to her chagrin.) The only way around this "dilemma" is to follow the lead of the dissenter, who wished to narrowly focus on whether it was unconstitutional for the State to have a "may issue" law (an issue in his mind that required participation of the State and might possibly require legislative changes). The majority brilliantly finessed this argument.

General primer on California carry law: It is generally legal to carry firearms outside of incorporated areas (cities and towns) wherever hunting is permitted. It is generally illegal to carry any firearm, loaded or unloaded, handgun or long gun, within any incorporated area, with exception for LEO, security guards, parades, immediate defense of self before the police arrive, and CCW (and a few miscellaneous exceptions of rare application). California enforces the 1000' exclusionary zone of the GFSZA, but CCW holders are exempt (unless their issuing agency imposes a schools property restriction). Notwithstanding Penal Code section 171b (allowing pocket knives shorter than 4" and nonparty CCW holders to carry in government buildings ) all courts I know of ban all "weapons." There is state pre-emption for most gun laws, except those regulating sales. Transport of firearms is the same as under FOPA--locked container other than glove box or center console, unloaded. There is no knife law pre-emption; and by way of example, it is legal under state law to carry a sword, but all blades longer than 3" are banned in LA. Fixed bladed knives must be carried openly.

Although called a "concealed carry weapons license" the license is for handguns only, and does not exempt a licensee from California's long list of prohibited dangerous weapons (nanchukas, switch blades, cane swords, blow guns, gravity knives, ballisongs, brass knuckles, belt buckle knives, etc.) First time applicants for a CCW must have 16 hours of training [there is a statutory provision for a 24 hour community college class, but no county imposes it], pass a background check, fill out a state mandated form, have "good cause" and "good moral character." (The latter may be the next battleground--an applicant in Ventura reports being denied for having too many traffic tickets.) There is an in person interview with the issuing agency (San Diego has started scheduling them at the rate of four per day--and is booked into August already). The application and fingerprinting runs around $150. The issuing agency may require a mental evaluation with a cost not to exceed $150. Renewals are every two years, and require a 4 hour class. Various SOs have imposed additional requirements, all of questionable legality, such as requiring $1m insurance naming the Sheriff as an additional insured, written indemnity agreements (even though the IA is statutorily immune from liability for issuing a license), letters of reference, etc. Some agencies will interview neighbors and business associates (which seems counter to the whole theory of concealed carry), others don't, relying instead on the state and NICS checks for priors. They will check your DMV record.

Last edited by 62coltnavy; February 22, 2014 at 03:24 PM.
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