Constitutional Rights

[BigMouthWino]

I cited an as authoritative source as I will for this. You are simply worth nothing more than that.

Or in other words: when you're wrong, you're wrong.

 

[swalsh411]

I cited an as authoritative source as I will for this. You are simply worth nothing more than that.

I respect you as a poster but I also respect somebody who can admit when they made a mistake. It happens to everybody.

 

[justalayman]

I respect you as a poster but I also respect somebody who can admit when they made a mistake. It happens to everybody.

when I do, I'll let you know.

If you don't want to accept the state of California's own statement, I'll let you search the statutes and administrative rules. I am smart enough to realize that the state usually posts correct information in their websites and it is backed up by law or rule. I have no reason to believe otherwise in this case. Apparently you do so you can spend your time trying to prove California's statements wrong. I see it as a fools journey.



Hey, that means it is the perfect job for the wino.

 

[CdwJava]

So cite the law which states it is unlawful to carry a gun while working as a PI if one has a CCW.

It's a complex weave of sections including B&P 7520 et. seq. which discusses the requirements that must be met for a PI to carry a firearm. And if not in lawful possession of a firearm pursuant to licensing, then the person who holds the concealed weapon can be charged for violating PC 25400 since a CCW does NOT grant you permission to carry a concealed weapon while engaged in the business of being a PI.

I have never encountered this situation before, and I would doubt it will come about any time soon, but in theory a PI with a CCW who carries concealed on the job can be charged with a crime. One would think that a PI worth a wet noodle would be capable of obtaining the proper BSIS certificate. I would not think too well of the person who chose to flaunt the law just because.

 

[BigMouthWino]

It's a complex weave of sections including B&P 7520 et. seq. which discusses the requirements that must be met for a PI to carry a firearm. And if not in lawful possession of a firearm pursuant to licensing, then the person who holds the concealed weapon can be charged for violating PC 25400 since a CCW does NOT grant you permission to carry a concealed weapon while engaged in the business of being a PI.

Calif. PC 25400 would apparently be negated provided the holder of the concealed weapon complies with Calif. PC 12050-4. So while a PI might risk losing their license pursuant to the B&P code, they run no risk of criminal prosecution. There is no penal provision for a PI carrying a concealed weapon, only an administrative penalty which would be a revocation or suspension of the PI's license.

http://ag.ca.gov/firearms/dwcl/12050.php

 

[CdwJava]

But, if the PI is working as a PI and is improperly permitted to carry, arguably he is not lawfully carrying his firearm as the B&P prohibits him from carrying it in violation of the appropriate sections. The CCW may not protect him or her as it also tends to require that the person obey all laws. Such a violation might also result in the CCW being revoked if the police are involved.

Without both the CCW and the BSIS certificate, the subject can be charged with a crime in CA. Whether it would be prosecuted or not is questionable. But, you can pretty much guarantee that the person so charged or caught would never work as a PI again.

Again, this is not an issue I have heard of arising, but it certainly might occur. I don't know of any PIs who fail to meet the requirements to carry, and anyone who has enough wherewithal and good sense to get a CCW is also likely to cross their t's and get the BSIS permit, too. As such, I doubt this is an issue that might ever arise.

 

[BigMouthWino]

But, if the PI is working as a PI and is improperly permitted to carry, arguably he is not lawfully carrying his firearm as the B&P prohibits him from carrying it in violation of the appropriate sections. The CCW may not protect him or her as it also tends to require that the person obey all laws. Such a violation might also result in the CCW being revoked if the police are involved.

Without both the CCW and the BSIS certificate, the subject can be charged with a crime in CA. Whether it would be prosecuted or not is questionable. But, you can pretty much guarantee that the person so charged or caught would never work as a PI again.

Really? Cite a case where this has happened. Ever.

Again, this is not an issue I have heard of arising, but it certainly might occur. I don't know of any PIs who fail to meet the requirements to carry, and anyone who has enough wherewithal and good sense to get a CCW is also likely to cross their t's and get the BSIS permit, too. As such, I doubt this is an issue that might ever arise.

Of course not There is a stark difference between the Penal Code and the Business & Professions code (hint: one of them involves handcuffs the other does not).

 

[CdwJava]

Really? Cite a case where this has happened. Ever.

I do not know that it has ever happened for the reasons I stated.

But, since the CCW does not apply for an active PI, it would (arguably) not apply as a defense to possession. An arrest or charges does not mean a conviction, but the way the sections are written does make it possible to be charged.

Of course not There is a stark difference between the Penal Code and the Business & Professions code (hint: one of them involves handcuffs the other does not).

And failing to abide by the B&P arguably renders the possession unlawful. Read the sections.

Disagree all you want. Since this is not likely to ever happen, I doubt there will ever be a case to decide it. Because, as I mentioned, anyone who has the ability and desire to get a CCW and obey the law is just as likely to obey the law and get the BSIS certificate in order to be within compliance and not risk their career, their CCW, or their freedom.

 

[BigMouthWino]

I do not know that it has ever happened for the reasons I stated.

Of course not, you are advancing a ridiculous position

But, since the CCW does not apply for an active PI, it would (arguably) not apply as a defense to possession. An arrest or charges does not mean a conviction, but the way the sections are written does make it possible to be charged.

There is nothing in the penal code that prohibits a PI from CCW. So it is not possible. Read the statutes.