California CCW penalty

[Hook686]

I just learned today at my CCW class that in California if you use your weapon and the District Attorney decides the use was not an excusable, or justifiable homicide, that a 3, 6, or 9 year additional sentence is imposed over and above any other sentence, if a semiautomatic weapon was used. California juries are not gun friendly anyway. An added penalty certainly gives me cause of concern, since I've been carrying a S&W 3913.

 

[Gutpile Charlie]

That is absolutely insane!

I used to live in California. I left because my job moved. As much as I like the land and the climate, I couldn't live there today. It is just too over the top!

People that make nut job laws like that....need to go to jail...for life...without the possibility of parole...at hard labor...in the middle of Death Valley...for ever and ever...amen...amen!

 

[GatorFarmer]

Show me the law that they're refering to. It's probably a sentence modifier for criminal use of a firearm or charge of that nature. Pretty standard stuff to tack on at the DA's discretion for any case where criminal charges are filed for use of a gun and not just in Cali but in many other states as well. If you're already being tried for murder, I wouldn't worry about it. Check to see if the time runs concurrent or consecutive. If it is concurrent, then it doesn't matter. Consecutive... well again, if you're looking at life (or death row)...

 

[Hook686]

Show me the law that they're refering to. It's probably a sentence modifier for criminal use of a firearm or charge of that nature. Pretty standard stuff to tack on at the DA's discretion for any case where criminal charges are filed for use of a gun and not just in Cali but in many other states as well. If you're already being tried for murder, I wouldn't worry about it. Check to see if the time runs concurrent or consecutive. If it is concurrent, then it doesn't matter. Consecutive... well again, if you're looking at life (or death row)...

CA Codes (pen:240-248)

California PENAL CODE

SECTION 240-248

...

240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.


...

245. ...

(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.

One does not even have to shoot the bad guy. Just pulling the gun, as the loaded gun demonstrates ability, if the DA does not think it excusable, or justifiable, can lead to serious problems.

Be aware.

 

[BigRich315]

It sounds like this only becomes a problem when something goes wrong in protecting yourself and you can face criminal charges. Bottom line, be sure that you are fully within your right to do what you're doing and you won't have to worry about it.

 

[Hook686]

Hey man, I was just walking down the street, minding my own business, when this nut case comes up to me waving this gun yelling that I tried to rob him. This guy is a loose canon and scared the crap out of my. I'm still shaking.

Were there witnesses ?

California I think looks dimly on those that carry a gun. What do you think is most likely, his word against yours, or the mere fact that you have a gun in your hands and he has no weapon on him ? In California I'm thinking I really do not want to rely upon the DA's good graces and think a good defense lawyer a good idea. Either way, I figure it will cost a bundle.

 

[BigRich315]

That scenario can take place anywhere, and it would absolutely be your word against theirs. At that point it really does comes down to the background and character of the two parties, as well as the discretion of the DA, with or without a semi-auto. An expensive lawyer couldn't hurt either.

This is one of those worse case scenarios. It can turn south very quickly and, according to that law, can end very badly too. If that happens, I'd rather have had a wheel gun.

Given the liklihood of it actually happening like that though, I'll take the risk and still carry my semi-auto.

 

[BigRich315]

Given the liklihood of it actually happening like that though, I'll take the risk and still carry my semi-auto.

But then again, I never plan on going to California...

 

[3delta]

Calif laws

I was told by my CCW instructor, who is a county marshall that anytime you pull you weapon you should call 911 asap to cover you butt. Report the incident before the bad guy does.

 

[Mickey D]

245. ...

(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.


That's why I favor revolvers.

 

[jag312]

Five years, one month, and 27 days and I'm getting the hell out of California. Don't understand California laws? That means you are not drunk enough, and too many of your brain cells are still functioning.

Buy two bottles of Absinthe, about 138 proof. Drink the two bottles of Absinthe. The California laws should make sense now. If they don't, then buy two more bottles and drink those. Eventually after consuming enough alcohol and thujone you will become enlightened, and then California laws pertaining to firearms will all make sense.

 

[Lee in Quartzsite]

My wife and I lived in California most of our lives. We moved to Arizona 6 years ago when we retired. As far as gun laws go, it was like going from darkness into the light...what a difference crossing a State line could make. We hadn't realized that we had been living in such a repressive State for all those years. When we went shooting in California we had to go through the hassle of locking up the empty gun, putting the ammo in a different location, and not touching either until we arrived at our destination....just hoping and praying we didn't get stopped by a LEO on the way.

Here it is legal to carry a loaded handgun in the car without a CCW permit, provided it isn't concealed. And that just means it has to be in a holster and can be stored in the glovebox or center console. We both got our CCW permits a month after moving here, and now carrying a gun on a daily basis is as normal as carrying my wallet.

Most people living in California have no idea that they are living in a different country from the rest of the Nation...but then that's California!

 

[rchance]

Ok let me get this straight, a guy walks up to you with intent on using deadly force to take your money, possessions, wife, kid, what not....so you say wait a minute here buddy, give me one minute to clarify your intentions. So you say you want all of my money, car, anything of value... and after words you plan on doing what to me? If you'll only give me 2 minutes to make a phone call to the DA to clarify my legal position and then I'm sure we can work this all out!

 

[Andy Griffith]

245. ...

(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.

Whew. That makes me feel much better that they couldn't apply that to a feller with a pump, bolt, lever, revolving cylinder, sliding grip, straight pull, single shot, muzzleloading firearm or Gatling gun.

I guess I'd need one of those new pistols built like the "Mare's Leg" I've seen.

 

[Capt Steve]

That is absolutely insane!

I used to live in California. I left because my job moved. As much as I like the land and the climate, I couldn't live there today. It is just too over the top!

People that make nut job laws like that....need to go to jail...for life...without the possibility of parole...at hard labor...in the middle of Death Valley...for ever and ever...amen...amen!

Come on now Charlie, don't sugarcoat it. Tell us how you really feel. LMAO! (o;

 

[YARDDOG]

Califinia is a little FAR LEFT than I would like to go ;-)