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Open carrier cited for LOADED weapon in public, firearm SEIZED...

cato

cato

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[align=center]I'm asking that any specifics not be discussed until the dust settles. The individual was clearly legal and has witnesses so sorry to put the squash on discussion but more will followin the coming weeks.

UPDATE!!!
[/align]

[align=center]http://www.calguns.net/calgunforum/showthread.php?t=111447[/align]
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
Click to expand...
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
Click to expand...
 
B

Budd

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We need some hypothetical situations at least...........:what:
 
C

CA_Libertarian

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Disclaimer: I have no knowledge of the event referenced. This thread is the first only only thing I've heard about it.

I'm willing to bet an employee of one of our friendly neighborhood Thugs'n'Badges, Inc took personal liberties with interpreting the definition of 'loaded' under 12031. I'm going to bet the person in question simply had an unloaded firearm and 'loaded' magazines in his/her possession. I'll also bet that the case will be quickly and quietly dismissed so as to avoid embarrassing the local Thugs'n'Badges, Inc.
 
F

flyingm

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Must have missed what was posted on the calguns site before it was removed but I can't wait till the story can be told. Hopefully there will be some accountability on the part of the arresting officers assuming the OCer was in the right.
 
Decoligny

Decoligny

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Disclaimer: I have no direct knowledge of the event referenced.

You can probably be pretty sure that CA_Libertarian wins money when he visits Las Vegas.
 
cato

cato

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UPDATE!!!


[align=center]http://www.calguns.net/calgunforum/showthread.php?t=111447[/align]
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
Click to expand...
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
Click to expand...
 
marshaul

marshaul

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Fairfax County, Virginia
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cato wrote:
UPDATE!!! 


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
Click to expand...
[/b]
Click to expand...

"Quite a few people" also believe the earth is flat, God exists, and that Barack Obama is going to eliminate anthropogenic CO2.

None of that should cause those of us with the capacity for rational thought to modify our behavior one bit. I'll continue to behave in accordance with conclusions reached through empirical observation, thank you very much.
 
Thundar

Thundar

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The advice not to OC at this time is based upon the belief that incorporation would help keep dumb laws from being made, and if made easily overturned.

That is really important in CA where a ruling against guns is very predictable in the 9th US Circuit Court, but a ruling to support civil rights (incorporation would = 2A is a civil right) is even more predictable.

Hopefully the incorporation issue will be settled soon.
 
L

LostCoast

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<<<we need to have incorporation settled before that change occurs.>>>



Am I missing something? It's legal, what incorporation is in process? if any?



we need loaded carry and that school zones to be nullified outside the actual property lines unless a crime was commited..

Lets all collectively hire/pay Chuck M. and get this done?
 
L

LostCoast

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It's kinda like the Heller case ...it took Heller to get on it before the NRA got on the case and helped. I can't figure out why this didn't happen 30 yrs ago..

I am going to see next weekend at the NRA member councils meeting if anyone is with me on this and wants to help.

http://www.calnra.com/conference08.shtml

Wayne LaPierre will be there also and I have yet to meet him..going to be a good day if I get to bend his ear.
 
cato

cato

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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.
 
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