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Monday, October 3, 2011

What does concealed" mean? What does "carry exposed" mean? What are the laws and rules for "carry concealed"?

The statutes do not specifically define "concealed", but a 1974 court decision (People vs. Hale) found that only partial concealment of a firearm is required for conviction of carrying a concealed firearm. To "carry exposed" is not defined in statute, either, but Penal Code Section 12025 (f) states "firearms carried openly in belt holsters are not concealed within the meaning of this section." Since the court has found that only partial concealment is required for a firearm to be concealed, it would seem logical that "exposed" would not allow any degree of concealment except as noted above in Section 12025. The law requires a permit to carry a handgun concealed (CCW). Permits are issued by local law enforcement agencies having jurisdiction over the place where the permit applicant lives. There is also a provision for a temporary permit to be issued by a county sheriff having jurisdiction over the place where the applicant works if it is in a different county of residence. Applications for a permit can be obtained from local law enforcement agencies. There is an application fee, training and other requirements which must be completed before a permit can be issued. The issuing law enforcement agencies can impose restrictions on permit holders such as where and when a permit is valid. Without such locally imposed restrictions, a permit is generally valid anywhere in the state at anytime. There are exceptions, however, such as the federal prohibition against handguns or other firearms in airliners. Permit holders are responsible for knowing what restrictions exist at any place to which they will be traveling. Some states will honor a permit issued in another state, but this varies from state to state. Concealed carry permit laws in California are both detailed and complex. Persons having a permit or applying for one may wish to read and become familiar with Penal Code Sections 12050 - 12054, "Licenses to carry pistols and revolvers." Those contemplating carrying a handgun concealed without a permit may wish to read and become familiar with penal Code Sections 12025- 12027.1, and 171 b - 171 e, which describe the conditions under which it is legal to do so and the penalties for carrying a handgun concealed illegally.

Exceptions to this prohibition are:
1. Members of clubs organized for practice shooting while on any established target range or going to and from such range.
2. Licensed hunters and fishermen while engaged in hunting or fishing and while going to or from such hunting or fishing expeditions.
3. Members of an antique or historical collector's club while at a show, or while going to and from a display as long as the weapons are locked in a trunk or are in a locked container.
It is unlawful to carry a loaded rifle, shotgun, or handgun in any public place or on any public street in an incorporated area or an area where firing a firearm is prohibited. In California, a firearm is considered loaded if unexpended ammunition capable of being used in the firearm is attached in any manner to the firearm. The following persons and situations are exceptions:

1. Persons shooting on target ranges, or while hunting on the premises of a shooting club.
2. A person who reasonably believes that he or his property is in immediate danger and the weapon must be carried for "preservation."1
3. A person "engaged in the act of making or attempting lawful arrest."
4. A person carrying a firearm while at home or at his place of business, including temporary residences and campsites.