Open Carry(loaded firearm in public): Charges Not Brought - Chino Hills, CA Marine Case
Charges were dropped in People v. Lin
in Chino. Lcpl. Lin was a US Marine as well, but please don't confuse this with the Oceanside case regarding Sean B.
Here is a statement from Chuck Michel at TMLLP:
Our office was recently retained by Lcpl. Lin of the US Marine Corps
regarding a citation he received in Chino for carrying a "loaded"
firearm in public.
Calguns Foundation has been assisting with his defense.
The firearm was not "loaded" under California law. Under 12031 PC a
firearm is "loaded" when there is ammunition within the firearm in a
position where the ammunition can be fired. People v. Clark
Unfortunately, the Chino Police officer who cited Lcpl. Lin apparently
was unfamiliar with the law.
We placed several calls to the police department and to the San
Bernardino District Attorney's Office leaving messages about the case
and the law.
Not certain if our persistence had anything to do with it, but the DA
has rejected the case and refused to file the case.
We will assist in getting the client's gun back if necessary. He has
already submitted a LEGR.