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Old 06-28-2008, 02:29 PM
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Default Penal code vs. municipal code

The John Wayne Airport thread brought up a question about penal code vs. municipal code. I thought I'd start a new one since this is slightly off topic.

http://www.calccw.com/Forums/general...e-pick-up.html

Because OC Municipal code states you can't go to John Wayne Airport while CCW, even if just picking someone up and not traveling, does this mean that other cities/counties could actually make muni codes that invalidated our CCWs in their city or county? I always thought penal code > muni codes? Wouldn't we be able to carry there based on the state wide exemption?

I can picture the anti-gun places in CA doing something like this if that was the case.
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Old 06-28-2008, 02:53 PM
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YES. In shasta County, Weaverville does not allow loaded weapons. Just driving through on HWY 89, you must unload before entering the town. This information came from a CCW instructor I interviewed before choosing a class. He said he travels 89 frequently and unloads prior to entering Weaverville, and reloads when leaving.

Gary

Last edited by gr8fatman : 06-28-2008 at 02:56 PM. Reason: Spelling error
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Old 06-28-2008, 02:55 PM
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That is correct.
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Old 06-28-2008, 03:29 PM
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Default Weaverville

If you unload, what must happen to the magazines?
YD
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Old 06-28-2008, 03:33 PM
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That's a really good question. I'm sure I'll get all the specifics when I take the class in November.
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Old 06-28-2008, 03:49 PM
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I guess you mean hiway 299 or hiway 3, because 89 is somewhere else. At any rate........never mind.
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Old 06-28-2008, 04:24 PM
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I would like to see the city try to enforce that, this topic came up a while back when someone here on this forum was talking to a Det. from SFPD and basically told him the San Francisco does not recognize CCW's and that if you are in SFPD jurisdiction you would be arrested. I don't believe a municipality could restrict a CCW holder form CCWing in their city and this would be thrown out in court; a CCW is a state permit valid throughout the entire State. Maybe RD can chime it and give his 2 cents.
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Old 06-28-2008, 04:30 PM
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Quote:
Originally Posted by CCWInstructor View Post
That is correct.
Just for clarification, which part is correct? That municipal codes can override penal code or penal code exempts us from these muni codes? Thanks Greg!
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I found myself not thinking twice
I never thought about no future
It's just a roll of the dice
But the day may come when you got something to lose
And just when you think you're done paying dues
You say to yourself "Dear, God What have I Done?"
And hope its not too late cause tomorrow may never come"
Good luck in the 2010 election.

How're we gonna shoot golf without guns?

"It's 2am, do you know where your firearms are?" - In honor of Dennis Farina

When the Boogeyman goes to bed, he checks his closet for Chuck Norris.

If guns cause crime, all of mine are defective.
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Old 06-28-2008, 04:39 PM
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Quote:
Originally Posted by gr8fatman View Post
YES. In shasta County, Weaverville does not allow loaded weapons. Just driving through on HWY 89, you must unload before entering the town. This information came from a CCW instructor I interviewed before choosing a class. He said he travels 89 frequently and unloads prior to entering Weaverville, and reloads when leaving.

Gary

Also Weaverville is in Trinity county not Shasta.
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Old 06-28-2008, 06:46 PM
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I am sorry. Weaverville is on HWY 299 West, and in Trinity County. MY BAD.

The other info was from the CCW instructor. I'm the bonehead with the wrong Hwy & county.

Gary
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Old 06-28-2008, 07:02 PM
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Quote:
Originally Posted by Spicy McHaggis View Post
Just for clarification, which part is correct? That municipal codes can override penal code or penal code exempts us from these muni codes? Thanks Greg!
Muni Trumps State because State does not address airports.
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Old 06-28-2008, 07:16 PM
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Quote:
Originally Posted by CCWInstructor View Post
Muni Trumps State because State does not address airports.
But does that only apply to airport grounds? I think this question was not specifically directed at airports, but more along the lines of : a municipality passes a municipal code that says no loaded firearms anywhere in the city. Do you then have to stop before you enter the city, unload and secure your CCW firearm, drive through the city, and then rearm once you leave city limits? I thought a CCW over-rode those local codes.
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Old 06-28-2008, 07:40 PM
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Quote:
Originally Posted by tango-52 View Post
But does that only apply to airport grounds? I think this question was not specifically directed at airports, but more along the lines of : a municipality passes a municipal code that says no loaded firearms anywhere in the city. Do you then have to stop before you enter the city, unload and secure your CCW firearm, drive through the city, and then rearm once you leave city limits? I thought a CCW over-rode those local codes.
Exactly what I was thinking.
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Old 06-28-2008, 08:03 PM
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You gotta be kidding. I thought state preemption laws would make this 'no guns in our city' impossible.
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Old 06-28-2008, 08:22 PM
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Originally Posted by Glock32 View Post
You gotta be kidding. I thought state preemption laws would make this 'no guns in our city' impossible.

They do, but most airports belong to a public municipality so they can restrict ccw there, just like they can restrict in city hall. It's no different than a private property owner not allowing CCW in their establishment.
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