What Are the Penalties for Illegally Carrying a Concealed Weapon in California? | Oakland Gun Lawyer

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  • Опубликовано: 15 ноя 2024

Комментарии • 113

  • @AjninHaru
    @AjninHaru 6 месяцев назад +25

    I recently retired from law enforcement in California. I never, ever enforced a California gun law against an otherwise law abiding citizen. If you had a full auto AK and were obviously law abiding…..have a nice day. Gun laws are illegal to enforce.

    • @nathanramirez9994
      @nathanramirez9994 3 месяца назад +3

      Doing God’s work we need more law enforcement officers like yourself thank you for you service

    • @Mathrss
      @Mathrss 3 месяца назад +2

      Kudos to you my friend

    • @IDNHANTU2day
      @IDNHANTU2day 2 месяца назад +2

      Same here. XLEO. I also came across several good citizens that were carrying concealed. No wants or warrants. No criminal record. Business owner transporting his daily cash. By respecting their Constitutional rights, they are most likely to come to the aid of another officer should the need arise.

  • @murfspop
    @murfspop 2 года назад +123

    Seems like ALL the bangers are doing 'constitutional carry' with NO repercussions.

    • @weduhpeople8504
      @weduhpeople8504 2 года назад +15

      They also don’t care about restricted areas except maybe ones with metal detectors.

    • @dannyreed408
      @dannyreed408 Год назад +16

      we pretty much have no choice given where most of us live, I got shot while walkin my dog around the corner from my apartment, if I hadn't been carrying my own shit I would've been smoked 100%

    • @luisg8946
      @luisg8946 Год назад +2

      They do practice the 4th amendment right. 😂

    • @ThunderKat2012
      @ThunderKat2012 9 месяцев назад

      So you’re looking at prob beating the case with no criminal record and self defense in mind…you have to think about escalation of force for sure…like you wouldn’t shoot someone who doesn’t have a gun…gun should be last resort…it’s almost worth the risk rn to “illegally” carry a concealed gun…I take the train and people are getting marked and graped at the train stations…police only come out when something has already happened

    • @HellaSmuuv
      @HellaSmuuv 9 месяцев назад

      @@dannyreed408in San Jo? What ended up happening?

  • @crusader0127
    @crusader0127 Год назад +44

    Free men don't ask for permission.

    • @drgoutbreak7934
      @drgoutbreak7934 6 месяцев назад +2

      More power to you i like my life to much to spend it in a jail

    • @UrbanDefenseSystems
      @UrbanDefenseSystems 4 месяца назад +1

      @@drgoutbreak7934 Misdemeanors don't have any prison time. And unless you were carrying a concealed firearm while in the purposes of committing a crime, you're extremely unlikely to even get any jail time, just probation. Also, when and how would you even get caught? If you get caught because you had to use it to save your life, the least of your problems was the potential self-defense, but the imminent danger. You might not like your life, or the life of your loved one's enough to defend it.

  • @renatoaraujo7383
    @renatoaraujo7383 Год назад +28

    The right to bear arms shall not be infringed even a judge can face 10 years in prison for violating the Constitution

    • @dawudasha977
      @dawudasha977 10 месяцев назад +2

      Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
      For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
      The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
      TITLE 18, U.S.C., SECTION 242
      Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

  • @kurkgarro2341
    @kurkgarro2341 Месяц назад +7

    Carry in California every day for the last 42 years without permission. It’s my right.

  • @Campzzyzx
    @Campzzyzx Год назад +13

    There are people who ask for permission and then there are MEN.

  • @paulbrungardt9823
    @paulbrungardt9823 Год назад +32

    In 1983, I practiced medicine in Orange County, California, obtained a CCW permit. Unfortunately for me, I had to donate to Sheriff's re-election fund in order to have it issued. After that, I carried one without a permit.

    • @Mo-cn9kd
      @Mo-cn9kd Год назад +13

      as you should. mass noncompliance is key

    • @renatoaraujo7383
      @renatoaraujo7383 Год назад +7

      They want you to donate that's what you call corruption

    • @NO-AH562
      @NO-AH562 Год назад +3

      What would you have done had you been pulled over?

    • @paulbrungardt9823
      @paulbrungardt9823 Год назад +3

      @@NO-AH562 My weapon was in a side compartment in my medical bag. I would not have said anything indicating I had a weapon. The officer would have no probable cause to search my vehicle. All would be well. BTW, I don't drink or speed. I have only been pulled over twice in 50 years.

    • @NO-AH562
      @NO-AH562 Год назад +3

      @Paul brungardt that's good to know, I live in California and I'm not suggesting I'd break the law, but it's always good to have information.

  • @christopherwg4236
    @christopherwg4236 Год назад +22

    Or you could be caught without one when you really need it to protect yourself or your loved ones and only be a memory in short time. 🤔🤔 What does the second amendment of the Constitution say again about it not being infringed? 🤔 Shall we obey the state law or the Federal Constitution?🤔

  • @loganshotrod4x464
    @loganshotrod4x464 Год назад +18

    It seems to me that the State of California is enforcing a “Law” that is a direct violation of a constitutional right. What is the outcome of challenging California state law in court on that matter? Is it a paper tiger?

    • @Prime-yo9pk
      @Prime-yo9pk Год назад +1

      And people wonder why we don’t like the cops

  • @zeroUnitygain
    @zeroUnitygain Год назад +22

    I’m from a freedom state with a ccw. How is it that my 2nd amendment and right to ccw stop at California? Is it another country? Does the constitution stop at the California border?

    • @davidhicks982
      @davidhicks982 11 месяцев назад

      Sadly it feels like it stops at the California border. I hate this place!

    • @roxyviews7644
      @roxyviews7644 5 месяцев назад

      You can, but you need to open carry your fishing gear🤪

  • @jameshoward8609
    @jameshoward8609 Год назад +11

    Currently cost over $1000 to get a California CCW. "Shall Not Be Infringed"

    • @edwardlbc562
      @edwardlbc562 Год назад +1

      Even then we're 99% not to be approved. Still you won't get any money back! 👎

    • @davidhicks982
      @davidhicks982 11 месяцев назад +1

      It cost me less than $300. I’m in Riverside County.

    • @jameshoward8609
      @jameshoward8609 11 месяцев назад

      @@davidhicks982 For training, background check and license total?

    • @jeff7.629
      @jeff7.629 6 месяцев назад

      Sounds like disenfranchisement of the poor to me.

    • @Scruffyman81
      @Scruffyman81 6 месяцев назад

      In Sacramento, cost me 357$ (ironically), but this was right before the price doubled in 2024.

  • @jeremybeattie5235
    @jeremybeattie5235 6 месяцев назад +6

    If you are an honest, tax- paying property owning citizen you will be prosecuted to the fullest extent of the law. If you are a low-life criminal you can go free with no bail.

  • @michaelgrivette277
    @michaelgrivette277 Год назад +10

    So, just to be clear, California law therefore is in direct violation of the United States Constitution--the supreme law of the land, where it says something like, "the right of the people to keep and bear arms shall not be infringed." What am I missing?

    • @rodvan-zeller6360
      @rodvan-zeller6360 Год назад +6

      You are missing a fascist government with fascist cops enforcing it.

  • @tonyalways7174
    @tonyalways7174 6 месяцев назад +2

    However it is perfectly legal to carry a concealed weapon while fishing or hunting or when travelling to go fishing or hunting.

  • @weduhpeople8504
    @weduhpeople8504 2 года назад +7

    Without a ccw permit it can be transported in a vehicle with the chamber unloaded, no loaded mag in the magwell in the gun, in a locked box. A loaded magazine can be in the same locked box, even right next to the firearm. A locking glove compartment is not allowed. A locked trunk can be considered a locked area but not in a hatchback since the cargo area can be accessed from the car’s cabin area. It may be the same in a sedan with a passthrough arm rest or fold down rear seat if it can be done if a release latch is accessible in the cabin. You definitely cannot have it on your person in or out of the vehicle without a ccw permit.

    • @philh1826
      @philh1826 2 года назад +19

      You also need to be transporting if for specific reasons (ie the gun range, to a new house you're moving into, etc). You can't just transport it at any time. Ridiculous laws u have over there. Im visiting from Nevada and have never read such as asinine laws as those in California. What a piece of shite state. How does anyone defend themselves? Especially when theres a disparity of force..

    • @weduhpeople8504
      @weduhpeople8504 2 года назад +9

      @@philh1826 Just keep a range bag with targets in the trunk. 😅

    • @sark4786
      @sark4786 2 года назад +2

      @@philh1826 thats not true, I mean the part about carrying in a lock box no roud in chamber all that is true. The part about transporting for a specific reason is not actually on the books anywhere

    • @KingNez89
      @KingNez89 2 года назад +1

      ABSOLUTELY absurd....California gun laws make me sick. What a over priced fucking sespool that place has become....I wouldn't let my pet rat live in California

    • @philh1826
      @philh1826 2 года назад

      @@KingNez89 we're fighting back in Nevada if you'd like to join the fun

  • @irahwebster1088
    @irahwebster1088 Год назад +2

    Good to know. Thanks for posting!

  • @joesolo7719
    @joesolo7719 Год назад +3

    but also in California, a CO2 launcher/pistol marketed as less lethal, can be concealed carried, correct?

    • @themodernprepper7632
      @themodernprepper7632 Год назад +2

      Look at ca PNC 417.4

    • @joesolo7719
      @joesolo7719 Год назад

      @@themodernprepper7632 perfect. So its perfectly legal to conceal carry in California, and only brought out for self defense. No brandishing to intimidate, of course.

  • @BaffinSailor
    @BaffinSailor Год назад +7

    Until I can open carry from Honolulu to Guam we are not free.

    • @NO-AH562
      @NO-AH562 Год назад

      I agree that it should be our right no matter where you go but open carry is retarded

  • @celiamarie1
    @celiamarie1 10 месяцев назад +1

    What about transporting said handgun unloaded, in a locked container in the trunk?

  • @gera_750
    @gera_750 Год назад +2

    What about if the gun is legally registered?

    • @bernardgarcia997
      @bernardgarcia997 Год назад

      That’s a good question. Anyone know?

    • @jacobjohnston7945
      @jacobjohnston7945 Год назад

      ​@bernardgarcia997 looking at 6 months to 1 year in jail with a 1000$ fine and lose rights for 10 years

    • @Scruffyman81
      @Scruffyman81 6 месяцев назад

      You don't register guns in CA.

    • @Sorel366
      @Sorel366 6 месяцев назад

      @@Scruffyman81 Yes you do for handguns.

  • @keithgraham9547
    @keithgraham9547 6 месяцев назад +1

    Yeah, let's not worry about that 2A thingie. Exactly why has this not been struck down in all such states decades ago?

  • @SlickBack407
    @SlickBack407 Год назад +1

    That’s crazy

  • @keithgraham9547
    @keithgraham9547 21 день назад

    Exactly how fo my Constitutional rights stop at the CA state line?

  • @SonicboominOnEm
    @SonicboominOnEm 5 месяцев назад

    What about asp baton as a concealed carry?

    • @TheNievesLawFirmAPC
      @TheNievesLawFirmAPC  4 месяца назад

      Please reach out to The Nieves Law Firm team for any specifics regarding your matter. You can call 510-519-3993 or access thenieveslawfirm.com.

  • @raul_jocson_
    @raul_jocson_ Год назад

    This doesn't seem very constitutional to me.

  • @coyote520
    @coyote520 Год назад +9

    Another reason NOT to live in or even visit the People's Republic of California.

  • @luisflores2184
    @luisflores2184 2 месяца назад

    Hello I have a question

    • @TheNievesLawFirmAPC
      @TheNievesLawFirmAPC  2 месяца назад

      Please reach out to The Nieves Law Firm team for any specifics regarding your matter. You can call 510-519-3993 or access thenieveslawfirm.com and schedule an appointment.

  • @drgoutbreak7934
    @drgoutbreak7934 6 месяцев назад

    Ya know if they want to require a permit to conceal im not against it provided there is a clear and reasonable path and take a reasonable amount of time to get but in exchange it should be constitutional open carry

  • @roxyviews7644
    @roxyviews7644 5 месяцев назад

    Open cary fishing gear in CA, anglers are packn'

  • @johnbaldwin2904
    @johnbaldwin2904 8 месяцев назад

    If you are illegally in the country you wont be charged with illegally carrying because you are already illegally possesing to begin with

  • @edp-theeverydayprepper5686
    @edp-theeverydayprepper5686 2 года назад

    Is there any option for a nonresident of California to legally carry a firearm? It's my understanding that they will not issue a permit to a nonresident and they don't have reciprocity with any other states.

    • @ELCLAVE300
      @ELCLAVE300 2 года назад

      That is correct, California does not have reciprocity. So if you come to California don't bring your guns. Your life is less valuable here against criminals.

    • @1014p
      @1014p Год назад

      Well 9th circuit says you can open carry so do that. Police are going to arrest you anyway despite 9th circuit saying can carry. Police will just say take it up with a judge. Take your gun and give it back a few years later.

    • @coyote520
      @coyote520 Год назад +1

      This is why I won't even visit California, and I live next door in Arizona.

    • @NO-AH562
      @NO-AH562 Год назад

      ​@@1014p 9th circuit in Cali says that?

  • @wsidepac455
    @wsidepac455 Год назад

    It’s and ,or 1 year in jail or 1000 fine correct ? For a first time incident no priors

    • @TheNievesLawFirmAPC
      @TheNievesLawFirmAPC  Год назад

      We'd be happy to look at your case and see exactly what penalties you are facing. Feel free to give us a call at 510-879-7549 to schedule a complimentary consultation with a member of our team.

  • @davidvankeuren3806
    @davidvankeuren3806 6 месяцев назад

    Why the hell any serious gun owner would choose to live in Commiefornia or Newyorkistan is beyond me. Get out NOW…while you can and enjoy the freedom of a red state. You will never look back.

  • @noideaatallsorry
    @noideaatallsorry Год назад

    So you’re not an attorney.. LOL

    • @TheNievesLawFirmAPC
      @TheNievesLawFirmAPC  Год назад +1

      Stephani is an attorney. You can learn more about her at the link: thenieveslawfirm.com/our-firm/stephani-prieto/

  • @dannyreed408
    @dannyreed408 Год назад

    if they charge you with a misdemeanor for concealed carrying without a permit, will you lose your firearm? or will you be able to keep it?

    • @TheNievesLawFirmAPC
      @TheNievesLawFirmAPC  Год назад

      Thank you for reaching out. We'd love to learn more about your case to determine what legal options are available based on your specific situation. Please feel free to give us a call at 510-879-7549 to schedule a free consultation and further discuss your options.

    • @jacobjohnston7945
      @jacobjohnston7945 Год назад

      Lose it, and ban your rights to ever own a firearm again. Simple.

    • @leonardosantuario3346
      @leonardosantuario3346 Год назад +3

      Generally, a misdemeanor does not trigger a gun restriction. However, a felony concealed carrying does, for 10 years

    • @dannyreed408
      @dannyreed408 Год назад

      @@leonardosantuario3346 so a felony concealed carry gives me a felony and only restricts my gun rights for 10 years? Don't felonies restrict me from owning forearms for life?

    • @swiftly1937
      @swiftly1937 6 месяцев назад

      ​@@dannyreed408only if you have a violent criminal history or if the gun was used in a crime.