Q – What is the Definition of Brandishing and Elements of the Crime?
A – Under California Penal Code Section 417 PC, it is a crime to publicly brandish a weapon or firearm. While California permits citizens to own firearms and other dangerous weapons, there are specific laws pertaining to how one can use, carry and display these weapons, and violation of these laws can result in criminal penalties.
To prove that the defendant brandished a weapon or firearm, a prosecutor must be able to establish the following elements:
1 – The defendant drew or exhibited a firearm or deadly weapon in the presence of someone else
2 – The defendant did so in a rude, angry or threatening manner
3 – OR the defendant used the firearm or weapon in a fight or quarrel
4 – AND the defendant did not act in self defense
A deadly weapon is any object, instrument or weapon that is inherently deadly or that is used in such a way that it is capable of causing and likely to cause death or great bodily injury. For more info on Brandishing click here
Q – There are United States Post Offices that share a parking lot with several other businesses. Can a CCW permit holder park in such a parking lot if he/she is not going to the post office since it’s not strictly a USPS designated parking lot?
A – Yes that is allowed. The building is the only restricted area. A good rule of thumb might be that when you see the signs prohibiting firearms, then that would be the area restricted.
Q – If a CA CCW permit holder has a negative contact with Law Enforcement outside CA, does he or she still have to make the LASD CCW Unit aware of such contact?
A – Yes. Even outside of California, any negative contact with law enforcement is required to be reported.
Q – Is an LEO stop that does not result in a ticket considered a negative contact that has to be reported to the CCW Unit?
A – YES. It is the prerogative of the issuing agency regarding this topic, and it is the policy of the Los Angeles County Sheriff’s Department that even contacts that result in a warning rather than a citation or arrest are to be reported to the CCW unit.
Q – Can CCW holders conceal their firearms in their vehicle while driving?
A – The answer is yes they can as long as they are in possession/control of the vehicle. As soon as they leave the vehicle, the weapon needs to be on their person OR in the case of entering, say a school or government building (or even private property like a theme park that won’t allow it inside) it can be secured in a specific lock box/safe secured to the vehicle (locked glove box or center console are not sufficient security storage). Hope that helps clear things up a bit.
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See you at the Range 🔥