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Thread: Helpful case law for California gun owners?

  1. #1
    State Researcher
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    I can across this in another thread and thought it might be useful to you guys....hope it's relevant....


    California Appellate Case, People vs. Clark 1996

    The term "loaded" has a commonly understood meaning: "to put a load or charge in (a device or piece of equipment) a gun" or "to put a load on or in a carrier, device, or container; esp: to insert the cartridge into the chamber of a firearm." (Webster's New Collegiate Dict (1976) p. 674) Under the commonly understood meaning of the term "loaded", a firearm is "loaded" when a shell or cartridge has been placed into a position from which it can be fired;

  2. #2
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    Yep. Old news to us. Thanks though, for looking out for us

  3. #3
    Founder's Club Member MudCamper's Avatar
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    Yes. People v Clark is the reason we can carry loaded mags on our person with an unloaded gun carried openly. However, it still doesn't prevent the occasional false arrest by LEO who don't know the law.



  4. #4
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    Arrest and charged or being detained. Most I think are just being detained until things get checked out. Those "holier than though" cops however will lock up and charge people assuming they know the law no matter what you say and those are cops I hope to NOT run into.

    It costs money to fight this crap even when we are 100% right and as long as we follow the letter of the law then they can't do a damn thing.

    I hope everyone who gets charged actually does get an actual lawyer and fight it correctly and make sure to raise a fuss with the local news as well. I love reading "local pd wrong again!" stories and hope many pop up in our favor more than in theirs....

    All I worry about is those who think they know the law and areas they can carry and get themselves busted for something they CANNOT talk their way out of. Whether you commit a crime knowingly or not really does not matter in the end.

    I am actually wanting to FIRST drum up "potential" legal funds before I carry anyways. I don't see the point in hoping an org or someone will fund MY problem and makes more sense for people to be able or MORE than able to foot their own bill even if they were in the right.



    MudCamper wrote:
    Yes. People v Clark is the reason we can carry loaded mags on our person with an unloaded gun carried openly. However, it still doesn't prevent the occasional false arrest by LEO who don't know the law.


  5. #5
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    ya -



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