ConditionThree
State Pioneer
imported post
:exclaim:
:exclaim:
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:
Quote:
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.
Chuck Michel
Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.
However, congratulations to Lcpl. Lin and please support Sean B. by donating to the Calguns Foundation.
-Gene
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:
Quote:
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.
Chuck Michel
Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.
However, congratulations to Lcpl. Lin and please support Sean B. by donating to the Calguns Foundation.
-Gene
UPDATE!!!
[/b]Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.
However, congratulations to Lcpl. Lin and please support Sean B. by donating to the Calguns Foundation.
-Gene
where are we on this?I'm sure they're considering it but we need to make our voices heard that the overturn of 12031 is a priority to us.