Question about carrying at my work place.

[bigdMP]

I was wondering if I could carry at my workplace legally if my employer knows about it? Or do I have to have a CCW. I live in San Diego county and I don't know if I want to go through the hassle. Any help would be greatly appreciated.

[Harry Carry]

I believe you must have written permission from your employer to carry on the premises. CCWI can answer this definitively. He's out of town until this weekend but may check in.

[bigdMP]

Thanks

[BonoVox]

The way I understand it you can NOT carry at work unless you have a CCW.

With permision from the business owner you can have a gun lets say under the counter at the business or even in your desk drawer.

But NOT carry it around. And NOT concealed.

[Apeman88]

Originally Posted by BonoVox

The way I understand it you can NOT carry at work unless you have a CCW.

With permision from the business owner you can have a gun lets say under the counter at the business or even in your desk drawer.

But NOT carry it around. And NOT concealed.

If you are the business owner... you can carry open or concealed.... not sure about an employee with permission.

[BonoVox]

Originally Posted by Apeman88

If you are the business owner... you can carry open or concealed.... not sure about an employee with permission.

Yes we are both right.

[SierraNevadaCCW]

If it's private property, you can carry it open or concealed with permission...

You don't need a CCW to carry your gun on private property if it's yours or you have permission.

[OCResident]

Originally Posted by SierraNevadaCCW

If it's private property, you can carry it open or concealed with permission...

You don't need a CCW to carry your gun on private property if it's yours or you have permission.

Careful - IIRC, only a business owner/officer can carry concealed without a CCW at his place of business. Employees can only open carry. You'll see this at some gun stores.

Don't forget there are two laws at play here - the concealed weapon laws as well as the loaded gun laws. I'll take a look at my book tomorrow.

[OCResident]

OK, I checked back with "The Book". Get yourself a copy of by John Machtinger How to Own a Gun & Stay Out of Jail.

Only business owners may carry loaded and concealed in their place of business. Employees, officers, etc. may have a loaded gun if you are authorized by the business owner - but may not carry it concealed on your person (under a counter, etc. is OK)

See Penal Code sections 12026(b) and 12031(h). Read it here

[Harry Carry]

I would assume then if an employee already has a CCW and approval of their employer, carrying on company premises would be okay.

[BonoVox]

Originally Posted by Harry Carry

I would assume then if an employee already has a CCW and approval of their employer, carrying on company premises would be okay.

Yes.

[SierraNevadaCCW]

Originally Posted by OCResident

OK, I checked back with "The Book". Get yourself a copy of by John Machtinger How to Own a Gun & Stay Out of Jail.

Only business owners may carry loaded and concealed in their place of business. Employees, officers, etc. may have a loaded gun if you are authorized by the business owner - but may not carry it concealed on your person (under a counter, etc. is OK)

See Penal Code sections 12026(b) and 12031(h). Read it here

Let me clear this up for you:

Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person.

[SierraNevadaCCW]

Originally Posted by Harry Carry

I would assume then if an employee already has a CCW and approval of their employer, carrying on company premises would be okay.

Harry......you can carry open or concealed with permission by the business owner, WITHOUT A CCW.

12031(h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person's place of business, or any person in lawful possession of private property from having a loaded firearm on that property.

Now put those two laws together and you are legal. I'm not sure about what it says in that book OC resident has...but it's wrong. People need to read the laws to understand them...I've underlined the important areas for your reference.

Good luck.

[BonoVox]

Originally Posted by SierraNevadaCCW

Harry......you can carry open or concealed with permission by the business owner, WITHOUT A CCW.

12031(h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person's place of business, or any person in lawful possession of private property from having a loaded firearm on that property.

Now put those two laws together and you are legal. I'm not sure about what it says in that book OC resident has...but it's wrong. People need to read the laws to understand them...I've underlined the important areas for your reference.

Good luck.

That does not reference carry or concealed carry. I believe there is judicial precedent that drew the line in the sand between an employee carrying concealed or not concealed on body at a work place with the owners concent.

Verse, having access to a gun, IE in their desk drawer, under sales counter etc.


BTW concealed means "concealed on body or vehicle" a gun hidden in a desk drawer is not considered "concealed".

Anyway I am sure CCWI will drop in at some point to set us straight. Even though I slept in a Holiday Inn Express last night, I only play legal eagle on the internet!

[SierraNevadaCCW]

Originally Posted by BonoVox

That does not reference carry or concealed carry. I believe there is judicial precedent that drew the line in the sand between an employee carrying concealed or not concealed on body at a work place with the owners concent.

Verse, having access to a gun, IE in their desk drawer, under sales counter etc.


BTW concealed means "concealed on body or vehicle" a gun hidden in a desk drawer is not considered "concealed".

Anyway I am sure CCWI will drop in at some point to set us straight. Even though I slept in a Holiday Inn Express last night, I only play legal eagle on the internet!

Go read the laws...it's clear as day. It is pretty clear to me anyway. I'm not aware of an case law that would make the current writen state law invalid.

Anyway...I'm going on vacation. So have a good time with this question....but I think it's right there in black and white if you read it.

P.S. in PC 12025 is says "carry"...you don't "carry" in a drawer.