CalCCW  

Go Back   CalCCW > Concealed Carry in California > Legal
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read

Legal Discuss legal issues of California CCW

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 08-22-2008, 12:45 AM
chaco chaco is offline
Junior Member
 
Join Date: Aug 2008
Location: West Covina
Posts: 8
Default Legal or not? What are my friends options

So my friend who i just met is a field investigator and he told me a story how once he was doing surveillance work on a guy on worker compensation fraud. While staying at his van to video tape him, somehow the guy knew he was being followed, and he was not too happy. The guy called several of his friends from his house and when they arrived, they ambushed my friend while he was in his car. They broke several windows trying to get the door open and in the process of fighting with the guys, he was overpowered, got tied up, and kidnapped. Thankfully nothing happened to him as the company he worked for noticed he didnt report in so they called the police. After an hour or two the police found his car which was not too far from the guys house he was surveillancing. He testified against the guy and the people involved, now they are not only in prison for fraud but also for kidnapping charges.

Now the question, is it legal for him to leave a firearm in his van that is not loaded, magazine with ammo seperate, and in a locked box? He wont be walking around with it as if he has a CWL but what about if he just leaves it in his van in-case a situation such as the one he experienced?
Reply With Quote
  #2 (permalink)  
Old 08-22-2008, 09:55 AM
G30 Steve's Avatar
G30 Steve G30 Steve is offline
Senior Member
 
Join Date: May 2007
Location: North OC
Posts: 712
Default

Quote:
Originally Posted by chaco View Post
So my friend who i just met is a field investigator and he told me a story how once he was doing surveillance work on a guy on worker compensation fraud. While staying at his van to video tape him, somehow the guy knew he was being followed, and he was not too happy. The guy called several of his friends from his house and when they arrived, they ambushed my friend while he was in his car. They broke several windows trying to get the door open and in the process of fighting with the guys, he was overpowered, got tied up, and kidnapped. Thankfully nothing happened to him as the company he worked for noticed he didnt report in so they called the police. After an hour or two the police found his car which was not too far from the guys house he was surveillancing. He testified against the guy and the people involved, now they are not only in prison for fraud but also for kidnapping charges.

Now the question, is it legal for him to leave a firearm in his van that is not loaded, magazine with ammo seperate, and in a locked box? He wont be walking around with it as if he has a CWL but what about if he just leaves it in his van in-case a situation such as the one he experienced?
While it may be legal to transport a handgun as you described it's not practical. It takes way too long to get your weapon into action while under attack.

It would have been much faster and safer if your friend would have planned an escape route beforehand so as he was attacked he could have driven away to a safe place and called the Police on his cell phone while doing so.
__________________

Those who built on the wall, and those who carried burdens, loaded themselves so that with one hand they worked at construction, and with the other held a weapon.
- Nehemiah 4:17

The 2nd Amendment “guarantees the individual right to possess and carry weapons in case of
confrontation.” (Heller p. 19.)

Together we win! ® Copyrighted 2008
Reply With Quote
  #3 (permalink)  
Old 08-22-2008, 10:40 AM
OCRancher's Avatar
OCRancher OCRancher is offline
Founding Member
 
Join Date: Mar 2007
Location: The land of the "Duke".
Posts: 2,665
Default

Quote:
Originally Posted by G30 Steve View Post
While it may be legal to transport a handgun as you described it's not practical. It takes way too long to get your weapon into action while under attack.

It would have been much faster and safer if your friend would have planned an escape route beforehand so as he was attacked he could have driven away to a safe place and called the Police on his cell phone while doing so.

True. And unless he is self employed, you have to wonder if his employer would allow this.
__________________
"Saying a person has the right to defend themself, while not allowing them a CCW, is like espousing free speech as long as no verbs are involved." ~ Some really cool guy, circa 2007

"Mr. Heller maintains that disassembled rifles and shotguns are no substitute for handguns, "any more than the government could prohibit books because it permits newspapers and considers them an 'adequate substitute.'" "

"America is at that awkward stage. It’s too late to change the system from within, yet too early to shoot the bastards." - Claire Wolf

"SHIMH"
Reply With Quote
  #4 (permalink)  
Old 08-22-2008, 11:35 AM
Ken_In_Colo's Avatar
Ken_In_Colo Ken_In_Colo is online now
Member
 
Join Date: Nov 2007
Location: western Colorado
Posts: 211
Default

Sounds to me like what the OP described meets or exceeds the "Good Cause" threshold.
__________________
An armed populace are called citizens.
An unarmed populace are called subjects.
Reply With Quote
  #5 (permalink)  
Old 08-22-2008, 12:47 PM
Spicy McHaggis's Avatar
Spicy McHaggis Spicy McHaggis is offline
Senior Member
 
Join Date: Mar 2007
Location: Orange County of Los Angeles, CA
Posts: 1,433
Default

Quote:
Originally Posted by chaco View Post
Now the question, is it legal for him to leave a firearm in his van that is not loaded, magazine with ammo seperate, and in a locked box? He wont be walking around with it as if he has a CWL but what about if he just leaves it in his van in-case a situation such as the one he experienced?
It is legal for him to store it that way; however, in a situation like that it would take too long to get to the handgun, unlock it, and then load it. It would be quicker to start up the van and go. They will either get out of the way or he will hit them. In either case, he would have been justified in doing that.

I would tell him to think about carrying a shotgun in his van if he got in to a situation he could not retreat from. It would have to be unloaded, but it doesn't need to be locked up. He could lay it down on the floor, preferably covered up in case the guy calls the police, instead of his friends, about a "suspicious person" watching him.

I don't know what type of field investigator he is, but if he is a licensed PI doing that type of work I think he could get a license to CCW. However, I do not know if LA County issues CCWs to PIs. I'm sure those here that know will say though.
__________________
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.

Reply With Quote
  #6 (permalink)  
Old 08-22-2008, 12:49 PM
SierraNevadaCCW's Avatar
SierraNevadaCCW SierraNevadaCCW is offline
Founding Member
 
Join Date: Apr 2007
Location: Mountains of the Sierra Nevada
Posts: 1,406
Default

I've done this kind of surviellance. He should have seen it coming.
__________________
*********************************
*********************************
"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." - Thomas Jefferson

"And ye shall seek me, and find me, when ye shall search for me with all your heart." Jeremiah 29:13

PLEASE CHOOSE:
[X] GUN OWNER
[ ] HELPLESS VICTIM
Reply With Quote
  #7 (permalink)  
Old 08-22-2008, 02:25 PM
1buba's Avatar
1buba 1buba is online now
Founding Member
 
Join Date: Mar 2007
Location: El Dorado County
Posts: 2,577
Default

RE: the letter of the law...

Without a CCW, isn't the locked in a case REALLY only for transport to/from?
__________________
  • [-]ANIMALS IT'S WHAT'S FOR DINNER.

    [-]Respect Wildlife! Use quality Marinade!

    [-]There is room for all of God's creatures, right next to the mashed potatoes!
Reply With Quote
  #8 (permalink)  
Old 08-22-2008, 02:34 PM
AuburnHunter's Avatar
AuburnHunter AuburnHunter is offline
Founding Member
 
Join Date: Mar 2007
Location: Placer County
Posts: 585
Default

Quote:
Originally Posted by SierraNevadaCCW View Post
I've done this kind of surviellance. He should have seen it coming.
Yikes, that is a pretty good point. Not to be too harsh, but maybe this guy needs a new line of work.
Reply With Quote
  #9 (permalink)  
Old 08-22-2008, 04:36 PM
chaco chaco is offline
Junior Member
 
Join Date: Aug 2008
Location: West Covina
Posts: 8
Default

G30 Steve - He was in the back of his van and it was kind of like a surprise cause he told me that one guy broke his window on the driver side to press the unlock door while the others could ambush him. I don't think he could have tried to avoid it by driving away even if he could.

Spicy McHaggis - I told him about the shotgun idea but at that time, i didn't read or know much about the CA firearm law for shotguns. But now that i read the section about transporting a firearm (not concealable weapons), I found out it was legal as long as the shotgun shells are seperate and not loaded into the shotgun.


SierraNevadaCCW - Hard to say that he could or should have seen it coming but i do not know too much info from what he told me

AuburnHunter - a job is a job, it is hard to find jobs especially since the economy isn't doing so great in CA. I'm hearing lots of companies are laying off people.


Thanks you all you guys for your advice and input
Reply With Quote
  #10 (permalink)  
Old 08-22-2008, 05:13 PM
NSP's Avatar
NSP NSP is offline
Member
 
Join Date: Jun 2007
Location: Goldcountry
Posts: 533
Default

Quote:
Originally Posted by chaco View Post
AuburnHunter - a job is a job, it is hard to find jobs especially since the economy isn't doing so great in CA. I'm hearing lots of companies are laying off people.

Not every job gets you beat up and kidnapped with the possibility of being killed and buried in the woods. You cannot say that it is just a job. It is a high risk job and he either needs to equip himself correctly or leave that job. I wouldn't take a hasmat job if I had to do it without a suit and an air mask.

I hope he doesn't have a wife and kid at home as they will be worried for a long time every time he leaves for work.
__________________
"I've read news articles of people getting shot up at bus stops, work, home, restraunts, and 5 year old's birthday parties. All places people would tell me I'd be crazy to bring a gun. And they were right, a crazy guy brought a gun."

~myself
Reply With Quote
  #11 (permalink)  
Old 08-22-2008, 05:29 PM
SierraNevadaCCW's Avatar
SierraNevadaCCW SierraNevadaCCW is offline
Founding Member
 
Join Date: Apr 2007
Location: Mountains of the Sierra Nevada
Posts: 1,406
Default

Quote:
Originally Posted by chaco View Post

SierraNevadaCCW - Hard to say that he could or should have seen it coming but i do not know too much info from what he told me
Strange....I'm a member of the largest PI organization in California and I haven't heard a word about this. I get several emails a day on current happenings, case query, jobs available, legal questions, PI news...etc etc. Could I have missed this? When and where did this "happen"?
__________________
*********************************
*********************************
"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." - Thomas Jefferson

"And ye shall seek me, and find me, when ye shall search for me with all your heart." Jeremiah 29:13

PLEASE CHOOSE:
[X] GUN OWNER
[ ] HELPLESS VICTIM
Reply With Quote
  #12 (permalink)  
Old 08-22-2008, 06:02 PM
chaco chaco is offline
Junior Member
 
Join Date: Aug 2008
Location: West Covina
Posts: 8
Default

Quote:
Originally Posted by SierraNevadaCCW View Post
Strange....I'm a member of the largest PI organization in California and I haven't heard a word about this. I get several emails a day on current happenings, case query, jobs available, legal questions, PI news...etc etc. Could I have missed this? When and where did this "happen"?
lol like i said, im not too sure about the details. ill have to get back to you on that next time i see him
Reply With Quote
Reply



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


All times are GMT -7. The time now is 11:37 AM.


Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.0.0 RC8
©2007 CalCCW.com