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Old 11-24-2014, 3:00 PM
joshB exCorps joshB exCorps is offline
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Join Date: Nov 2014
Location: Tracy, CA
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I will soon submit for CCW out of San Joaquin County. In preparation, I have been doing some research regarding where I can/where I can't carry concealed. Specifically, I commute from my home in Tracy to work in the San Jose area, usually using the commuter rail service Altamont Corridor Express (ACE).
Posted on all ACE platforms is a reference to CPC 171.7b which states:
(b) It is unlawful for any person to knowingly possess within any
sterile area of a public transit facility any of the following, if
the sterile area is posted with a statement providing reasonable
notice that prosecution may result from possession of these items:
(1) Any firearm...
A public transit facility being defined as (CPC 171.7a)(emphasis mine):
(a) For purposes of this section:
(1) "Public transit facility" means any land, building, or
equipment, or any interest therein, including any station on a public
transportation route
, to which access is controlled in a manner
consistent with the public transit authority's security plan, whether
or not the operation thereof produces revenue, that has as its
primary purpose the operation of a public transit system or the
providing of services to the passengers of a public transit system. A
public transit system includes the vehicles used in the system,
including, but not limited to, motor vehicles, streetcars, trackless
trolleys, buses, light rail systems, rapid transit systems, subways,
trains, or jitneys, that transport members of the public for hire.
To this point, this seems in congruence with the "common carrier" provisions discussed previously in this thread (i.e. taxi, shuttle, Amtrak, etc.). The interesting points come in subsection (c). There are provisions exempting peace officers (active and retired), transit cops and the like, as well as (CPC 171.7c(2)):
(2) Paragraph (1) of subdivision (b) does not apply to or affect a
person who is exempt from the prohibition against carrying a handgun
pursuant to Section 25400 if the carrying of that handgun is in
accordance with the terms and conditions of the exemption specified
in Article 2 (commencing with Section 25450) of Chapter 2 of Division
5 of Title 4 of Part 6 or Sections 25615 to 25655, inclusive.
CPC 25400 is your concealed weapons definitions and penalties. The pertinent section is CPC 25655, which states:
Section 25400 does not apply to, or affect, the carrying of
a pistol, revolver, or other firearm capable of being concealed upon
the person by a person who is authorized to carry that weapon in a
concealed manner pursuant to Chapter 4 (commencing with Section
CPC 26150 being, of course, a civilian CCW permit. This PC daisy-chain seems to exempt CCW permit holders from carry restrictions on mass-transit systems, at the very least.
My question, after all this, is how to de-conflict any apparent "common carrier" carry prohibitions, and statutory exemptions granted under CPC 171.7.
Note: I have discussed this at length with a retired LEO, as well as a LEO that works for Santa Clara County DA, both of which carry on the train daily (I believe) and they concur with my conclusion.
Be polite, be professional, but have a plan to kill everybody you meet.
~ Gen. James Mattis, USMC
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