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First time Open Carrying in LA...

BSProof

New member
Joined
Jul 22, 2008
Messages
45
Location
, ,
imported post

If it were me, I'd give them notice that notwithstanding the coming civil suit, a charge of a fee plus interest for the use of my bail funds; and a charge of a fee plus interest for possession of my property dating from the day of the false imprisonment until receipt of payment in full!!!


Take the case of a local officer who persists in enforcing a type of ordinance which the Court has held invalid as violative of the guarantees of free speech or freedom of worship. Or a local official continues to select juries in manner which flies in the teeth of decisions of the Court. If those acts are done willfully, how can the officer possibly claim that he had no fair warning that his acts were prohibited by the statute? He violates the statute not merely because he has a bad purpose but because he acts in defiance of announced rules of law. He who defies a [325 U.S. 91, 105] decision interpreting the Constitution knows precisely what he is doing. If sane, he hardly may be heard to say that he knew not what he did. Of course, willful conduct cannot make definite that which is undefined. But willful violators of constitutional requirements, which have been defined, certainly are in no position to say that they had no adequate advance notice that they would be visited with punishment. When they act willfully in the sense in which we use the word, they act in open defiance or in reckless disregard of a constitutional requirement which has been made specific and definite. When they are convicted for so acting, they are not punished for violating an unknowable something.
SCREWS v. U.S., 325 U.S. 91 (1945)
 

VigilanceOfFreedom

Regular Member
Joined
Oct 10, 2008
Messages
35
Location
El Segundo, California, USA
imported post

Yea, it probably did. They put a lot of emphasis on :

Under this definition, neither § 12025 nor § 12031 is violated merely because a person openly carrying an unloaded firearm in a belt holster has matching ammunition on him, or close at hand.

which is I was telling the arresting officers. In any case I'll forward this memo to my attorney and try to get the charges dropped. The DA has not filed charges but intends to hold the charges above my head until the statute of limitations makes it impossible to file the charges. This abuse of power us unacceptable and I will not give in to these petty threats.
 

TBJ

Regular Member
Joined
Aug 24, 2007
Messages
37
Location
Los Angeles County, California, USA
imported post

".

.

holding 9 rounds of winchester hollow point ammo as required per California law.

.

."



What law is this?

H.P. is definitely a good idea, but neither it, not Winchester, is mandated by law. And you could have ten rounds, or even more in legally posessed higher capacitymagazines
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
imported post

Glock22Fan wrote:
holding 9 rounds of winchester hollow point ammo as required per California law."

What law is this?
The entire quote probably helps here,

When I closed up the store, I changed out of my work clothes and slid my holster onto my belt, locked my work clothes in my car, checked my gun (a Beretta M9) to make sure it was unloaded, and locked it securely in my holster next to a loaded clip holding 9 rounds of winchester hollow point ammo as required per California law.
I think he meant that putting his unloaded M9 in his holster which didn't have any ammo in it (merely next to it) was following California law.

What ever happened with this?
I dunno, but I haven't seen VigilanceOfFreedom post for a while though. I'd like to assume he has his gun back and nothing ever happened to him except get an apology from the police department.

ETA: Further investigation leads me to believe that he definitely isn't incarcerated.
 
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