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Old 11-27-2007, 02:00 AM
johnadams johnadams is offline
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Default Municipal Codes

I found a municipal code in a city that bans carrying concealed weapons, unless you have a written permit from the Chief of Police.

No mention of exemption is made for written permits from County Sheriff's or retired law enforcement agents with CCW endorsements.

Can municipal codes like this actually be enforced? I know it's probably unlikely... but...
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Old 11-27-2007, 05:51 AM
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A valid Ca. CCW issued by the issuing authority where you reside is good state wide unless there are specific restrictions noted on the back.

The police chief may wish his desire to invalidate your CCW in his jurisdiction is legal, but it is not so.

San Francisco is a perfect example. With your CCW is good there even against their wishes.

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Old 11-27-2007, 12:26 PM
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I agree with spc.
With regards to firearms CA law preempts all local ordinances & laws.
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Old 11-27-2007, 12:38 PM
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Quote:
Originally Posted by EM2 View Post
I agree with spc.
With regards to firearms CA law preempts all local ordinances & laws.
There is a park by my house that has a "No Guns" sign posted, noting a city of Orange, Ordinance. Guess with CCW it does not apply.
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Old 11-27-2007, 01:25 PM
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Originally Posted by EM2 View Post
I agree with spc.
With regards to firearms CA law preempts all local ordinances & laws.
Thank God for the preemption clause!

I was suprised and grateful to read the information on this forum regarding gun shows... I have been teaching ccw classes for over 20 years and had not seen that particular section... was aware of the usual stuff though... this forum has been a great resource for me!
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Old 11-28-2007, 12:20 AM
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City and County can be more restrictive even if the State has preempted the subject.

See 9th circuit.
Peterson Vs. Long Beach, and Long Beach POA Vs. Long Beach
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Old 11-28-2007, 08:50 AM
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Originally Posted by CCWInstructor View Post
City and County can be more restrictive even if the State has preempted the subject.

See 9th circuit.
Peterson Vs. Long Beach, and Long Beach POA Vs. Long Beach
So does that mean that we have to be aware of the city/county code in regards to the restrictions on the CCW ? Yikes!
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Old 11-28-2007, 10:35 AM
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So does that mean that we have to be aware of the city/county code in regards to the restrictions on the CCW ? Yikes!
Yes, you do. However what does the word concealed mean?
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Old 11-28-2007, 10:36 AM
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Quote:
Originally Posted by johnadams View Post
I found a municipal code in a city that bans carrying concealed weapons, unless you have a written permit from the Chief of Police.

No mention of exemption is made for written permits from County Sheriff's or retired law enforcement agents with CCW endorsements.

Can municipal codes like this actually be enforced? I know it's probably unlikely... but...
What city and what code? Can you please post.
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Old 11-28-2007, 04:06 PM
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Quoted from a PM exchange with JohnAdams:

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City of Orange, California... check out this link:

http://municipalcodes.lexisnexis.com...2_WEAPONS.html

I have found similar statutes in other muni codes, but they always allow CCWs or federal cops... this one says no person except a police officer
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Old 11-28-2007, 05:25 PM
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Quote:
9.32.010 Carrying Concealed Weapons-Prohibited Without Permit.

No person except a Police Officer shall carry upon his person any revolver, pistol or other instrument or weapon, commonly known as a concealed weapon, without a written permit from the Chief of Police. (Ord. 4-00: Prior Code 4250)
Hmmm, does that mean that Orange issues, and has not declared "G"? That is the way I read it.
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Old 11-28-2007, 08:24 PM
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Welcome to California's patchwork firearm laws.
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Old 11-28-2007, 10:08 PM
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Originally Posted by OCRancher View Post
Hmmm, does that mean that Orange issues, and has not declared "G"? That is the way I read it.
More likely it was a muni code created years and years ago before 12050PC was even thought of, yet still sitting there on the books.
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Old 11-28-2007, 10:18 PM
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Orange County Muni Code
http://www.municode.com/Resources/ga...id=11378&sid=5

Division 5 PARKS, BEACHES AND RECREATIONAL AREAS

Sec. 2-5-37. Firearms, weapons, fireworks, replica firearms

No person shall have any fireworks, firearms, replica firearms, air gun, BB gun, paint ball gun, slingshot or bow or hunting arrow or any weapon in his possession or in his vehicle, other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in a designated park, nor shall any person discharge any firearm, fireworks or weapon or display any replica firearm upon or into any designated park.
(Ord. No. 99-22, § 1, 8-31-99)
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Old 11-28-2007, 10:40 PM
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Quote:
Originally Posted by K-dog.v3 View Post
Orange County Muni Code
http://www.municode.com/Resources/ga...id=11378&sid=5

Division 5 PARKS, BEACHES AND RECREATIONAL AREAS

Sec. 2-5-37. Firearms, weapons, fireworks, replica firearms

No person shall have any fireworks, firearms, replica firearms, air gun, BB gun, paint ball gun, slingshot or bow or hunting arrow or any weapon in his possession or in his vehicle, other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in a designated park, nor shall any person discharge any firearm, fireworks or weapon or display any replica firearm upon or into any designated park.
(Ord. No. 99-22, § 1, 8-31-99)
I will check at my local park that I think falls in Orange City limits. See if that is the muni code listed on sign. It is a fairly new park and a brand new sign.

By the letter of this law no off duty LEO could carry either??? Usually they state some kind of an exemption that typically covers them and CCW holders too.
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