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Thread: Request for assistance, I'm completely confused....

  1. #1
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    Request for assistance, I'm completely confused....

    Debating with a former USAF buddy of mine, he became a police officer in California. He claims that the open carry ban was overturned, is not in effect and not being enforced. He says it was stuck down by the USSC. I thought the state had revised and re-passed it.

    My citation: http://www.shouselaw.com/open-carry.html

    The instructions for his department, sent to me via PM:

    "My letter from the DA office is Alameda County: "Officers cannot enforce the no repealed law regarding open carry. We [police] may continue to identify, verify, and confirm the weapon is unloaded." The letter goes on to say that the law, which violated the fourth amendment and the second amendment, is not enforceable. The law, as of 7/13/2012, was sent back to the House for "edit." Until then, the 12020 law regarding firearms is still in effect.
    In California, police could care less if the person has a firearm in the car. It only becomes a criminal, arrest able issue if the person is in possession of narcotics, is a felon, is with known felons, has a restraining order, or is under the five year weapons ban for mental issues.
    Because no DA will touch the case otherwise, we do not arrest /charge."

    As I said to him, since I am an Arizona resident, my only carry option there is the Cali version of Open, unloaded. And I don't want to get arrested because I misunderstood the laws.


    Can anyone clear this up for me?

    Thanks in advance!
    Last edited by PavePusher; 09-10-2013 at 09:37 AM. Reason: typo

  2. #2
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by PavePusher View Post
    Debating with a former USAF buddy of mine, he became a police officer in California. He claims that the open carry ban was overturned, is not in effect and not being enforced. He says it was stuck down by the USSC. I thought the state had revised and re-passed it.

    My citation: http://www.shouselaw.com/open-carry.html

    The instructions for his department, sent to me via PM:

    "My letter from the DA office is Alameda County: "Officers cannot enforce the no repealed law regarding open carry. We [police] may continue to identify, verify, and confirm the weapon is unloaded." The letter goes on to say that the law, which violated the fourth amendment and the second amendment, is not enforceable. The law, as of 7/13/2012, was sent back to the House for "edit." Until then, the 12020 law regarding firearms is still in effect.
    In California, police could care less if the person has a firearm in the car. It only becomes a criminal, arrest able issue if the person is in possession of narcotics, is a felon, is with known felons, has a restraining order, or is under the five year weapons ban for mental issues.
    Because no DA will touch the case otherwise, we do not arrest /charge."

    As I said to him, since I am an Arizona resident, my only carry option there is the Cali version of Open, unloaded. And I don't want to get arrested because I misunderstood the laws.


    Can anyone clear this up for me?

    Thanks in advance!
    Well. No.

    We would need a scanned copy of the letter outlining this departmental policy and the citation of the ruling that overturned 26350. PRA/FOIA anyone?

    The website you cited also indicates that the law is in effect and enforcable.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  3. #3
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    Re: Request for assistance, I'm completely confused....

    Quote Originally Posted by ConditionThree View Post
    Well. No.

    We would need a scanned copy of the letter outlining this departmental policy and the citation of the ruling that overturned 26350. PRA/FOIA anyone?

    The website you cited also indicates that the law is in effect and enforcable.
    ^^^This.

    A scanned copy with clear contact info would be needed.

  4. #4
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    Hello OP,

    I would not be surprised if your LEO buddy's claim is correct. AG Camilla Harris has not updated her website regarding firearms law. Cal. Fish and Wildlife is still using pre-2012 Penal Code classifications on their newly minted hunting regulation booklets.

    I have spoken with LEO about these issues and they use the old PC numbering system. And, they give me the "blank stare of silence" when I tell them that they should use the new PC numbered laws.

    Two California judges have ruled that the state must offer some form of carry to law abiding citizens. Could those rulings have bearing on your LEO friend's statements?

    Stipulation: Whatever you do when you are here in Kalifornia, be very careful. Pre-OC ban and pre-long gun OC ban, there were jurisdictions too stupid to know the law, and jurisidictions that created their own law regarding guns (they are above the law, after all). LA County and LAPD are good examples.

    Here is a case that proves my point:

    http://www.calgunsfoundation.org/201...ights-lawsuit/

    And as the other respondents to your thread have stated, attach a copy of the memorandum for clariification.

    markm

    Addendum added on 9/15/13:

    LEO on the left and Right coasts can be dangerous to law abiding citizens. Here are three stories from New York. One story is a about LEO shooting bystanders because a fake gun was drawn from a pocket (fake gun was a hand configured in the shape of a gun). Be careful. On the left and right coast, LEO is not here to "protect and serve."

    http://nypost.com/2013/09/15/cops-ac...to-subdue-man/
    http://www.nydailynews.com/new-york/...icle-1.1144424
    http://www.cnn.com/2009/CRIME/05/29/...ml?_s=PM:CRIME

    Like I wrote earlier, be careful!!!!

    Thankfully, Kalifornia LEO is a little better than NYPD.

    markm
    Last edited by MarkBofRAdvocate; 09-15-2013 at 10:38 AM. Reason: Added an adendum.

  5. #5
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by MarkBofRAdvocate View Post
    Two California judges have ruled that the state must offer some form of carry to law abiding citizens. Could those rulings have bearing on your LEO friend's statements?
    Again, a citation would be helpful. I dont recall any California magistrate ruling that California must provide some form of carry. If this were true, the licensing scheme would be moot and people would carry loaded firearms without one where issuance is improbable.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  6. #6
    Regular Member OC for ME's Avatar
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    CA is not 2A friendly beyond the confines of your private property, even then it is questionable. Do not carry except within the limits of the law.

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