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

PavePusher

Regular Member
Joined
Apr 26, 2007
Messages
1,096
Location
Tucson, Arizona, USA
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"My letter from the DA office is Alameda County: "Officers cannot enforce the no repealed law regarding open carry.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:

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
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"My letter from the DA office is Alameda County: "Officers cannot enforce the no repealed law regarding open carry.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.
 

b0neZ

Regular Member
Joined
Feb 15, 2012
Messages
505
Location
Davis County, Utah
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.
 

markm

New member
Joined
Mar 7, 2010
Messages
487
Location
, ,
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/20...0-settlement-in-federal-civil-rights-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-accidentally-shoot-two-bystanders-while-trying-to-subdue-man/
http://www.nydailynews.com/new-york...llet-fragments-cops-gunfire-article-1.1144424
http://www.cnn.com/2009/CRIME/05/29/ny.officer.killed/index.html?_s=PM:CRIME

Like I wrote earlier, be careful!!!!

Thankfully, Kalifornia LEO is a little better than NYPD.

markm
 
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ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
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.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
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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