CCW Exemption - Vehicle as "place of business"

[johnadams]

A retired police officer friend of mine told me about a CCW exemption. This was specifically brought about for taxi drivers.

He said, "A taxi driver's "place of business" is his vehicle. Therefore, according to California State laws, among other higher statutues, he was allowed to carry a concealed weapon in his vehicle."

Does anyone have an example of case law or news that supports this so-called "exemption"? If this was really true, I would assume that ice cream truck drivers, FedEx delivery men, and truck drivers could all carry without a CCW.

Below is the state statute I am referring to...

Any person engaged in any lawful business (including nonprofit organizations) or any officer, employee, or agent authorized for lawful purposes connected with the business may possess a loaded firearm within the place of business if that person is over 18 years of age and not otherwise prohibited from possessing firearms. (Penal Code §§ 12026, 12031(h).)

[libertarian]

I imagine we'll hear from someone who knows for sure soon enough, but I'd expect you'd need a specific exemption from 12025 (like the ones in 12026 and 12027) if that were actually the case. There's one for armored car guards but I don't see one for taxi drivers or chauffeurs.

[Hoser]

That's news to me...what happens when he steps out of the cab to help you w/ your bags?

[BonoVox]

CCWI will step in I am sure. I remember this being covered in the past and it was a NO go. Been tried and did not fly.

[ChrisG]

I would venture to say that there is no way in H-E double hockey sticks that it would fly. CA laws are very specific, I will eat my hat if CCWI comes back and says that this exemption exists.

[rycerz]

Originally Posted by ChrisG

I would venture to say that there is no way in H-E double hockey sticks that it would fly. CA laws are very specific, I will eat my hat if CCWI comes back and says that this exemption exists.

I did a search but can't find anything on the topic, but I do remember something about taxi drivers and firearms and I believe it's a nono either due to a case that went in front of a judge or due to a regulation/policy or something like that.

[DVSmith]

Interesting article here (not California though):

Keep and Bear Arms - Gun Owners Home Page - 2nd Amendment Supporters

"Though taxi cabs are mobile, that fact alone does not necessarily make them fall within the public sphere," he stated. "Therefore, as long as a cab driver can show that he has a proprietary or controlling interest in the taxi cab, the court sees no reason to treat cab drivers differently from other business owners."

[johnadams]

Originally Posted by libertarian

I imagine we'll hear from someone who knows for sure soon enough, but I'd expect you'd need a specific exemption from 12025 (like the ones in 12026 and 12027) if that were actually the case. There's one for armored car guards but I don't see one for taxi drivers or chauffeurs.

I am sure there is no legal statute exempting cab drivers... but what I'm thinking he my source may have seen was some type of case law exonerating a cab driver who was charged with carrying a concealed weapon.

[rickr96]

I'm betting it's a "No" for Taxi cab drivers...

If it were OK for them it would be OK for Long Haul Truckers, Bus Drivers, Roach Coach Owners and the indenpdent Roto Roter guy.

I know truckers (and the others) are held to the same standards as car drivers. This makes me believe Taxi Drivers are not exempt.

[BonoVox]

Originally Posted by johnadams

I am sure there is no legal statute exempting cab drivers... but what I'm thinking he my source may have seen was some type of case law exonerating a cab driver who was charged with carrying a concealed weapon.

If I can't carry in a cab. Then I say.....no cabbie carry!

[Spicy McHaggis]

Originally Posted by johnadams

A retired police officer friend of mine told me about a CCW exemption. This was specifically brought about for taxi drivers.

He said, "A taxi driver's "place of business" is his vehicle. Therefore, according to California State laws, among other higher statutues, he was allowed to carry a concealed weapon in his vehicle."

Does anyone have an example of case law or news that supports this so-called "exemption"? If this was really true, I would assume that ice cream truck drivers, FedEx delivery men, and truck drivers could all carry without a CCW.

Below is the state statute I am referring to...

Any person engaged in any lawful business (including nonprofit organizations) or any officer, employee, or agent authorized for lawful purposes connected with the business may possess a loaded firearm within the place of business if that person is over 18 years of age and not otherwise prohibited from possessing firearms. (Penal Code §§ 12026, 12031(h).)

"Possess" doesn't mean to carry concealed. At an actual business, they may possess firearms in their desk or other places, but not concealed on their person. In the car/taxi/truck/rickshaw, it's a no-go.

[OCRancher]

First of all, get this part straight. If you are the owner of a business, you may carry concealed inside the business location.

Now, to the finer details.

Transporting firearms. See applicable code. Being on a public roadway subjects you to that code, and not the business owner CCW exemption.

[El Gato]

It seems to me this is wishful thinking...

PC 12031 makes some exceptions for ccw holders, peace officers and as to guards:
(6) The carrying of pistols, revolvers, or other firearms capable
of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.
(7) Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (A) if hired prior to January 1, 1977,
or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs,
in each case while acting within the course and scope of their
employment.
I just read the rest of it and although I might have missed it, didn't see an exception to the loaded gun in the vehicle anywhere in 12031. There is some case law out of North Cal. that talks about exceptions but it had more to do with exceptions where shooting is otherwise allowed.

I think I have this straight but does anyone else see this differently...

[IAmASensFan]

Originally Posted by ChrisG

I would venture to say that there is no way in H-E double hockey sticks that it would fly. CA laws are very specific, I will eat my hat if CCWI comes back and says that this exemption exists.

*PERK*

Did someone say hockey sticks???

[CCWInstructor]

Taxi driver was a court case out of San Fran. Internet Legend! They are on a public road, public place.