Page 1 of 2 12 LastLast
Results 1 to 25 of 28

Thread: California Calguns Foundation OPEN CARRY LEGAL DEFENSE FUND needs your help!!!

  1. #1
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post



    from:
    http://www.calguns.net/calgunforum/s...d.php?t=150893











    There are those who talk and those whodo







    CALGUNNERS DO! And one of our own needs your help.












    The Calguns Foundation has started a Legal Defense fund where you can donate to this cause.


    Theseus has been unloaded open carrying for the better part of a year in East LA County, an area known for violent gang crimes and assaults against peaceful law abiding (but unarmed) citizens. He has carried in compliance with ALL state laws to be able to defend his young wife and daughter as every free American has a Right to do.


    He has also shown and proven that it can be done responsibly and that the public doesn't react with panic and terror at the mere sight of a peacefully holstered sidearm.


    Theseus has been charged with but did not violate the School Zone gun prohibition. He has always been very careful to stay within the law (a Calguns specialty ) When he was contacted by police he was not arrested as his possession was legal.


    It was not until the police went back 3 DAYS LATER WITH A MEASURING DEVICE did the officers realize that it was even within 1000' of a school. THE POLICE DID NOT EVEN KNOW IT WAS IN A "SCHOOL ZONE" at the time Theseus was contacted! A report was sent to the DA's Office and they filed charges (no mention was made that Theseus was on private property).


    He was clearly on Private Property, which is also clearly exempted from the school zone law:



    Quote:


    626.9. (a) This section shall be known, and may be cited, as the
    Gun-Free School Zone Act of 1995.

    (b) Any person who possesses a firearm in a place that the person
    knows, or reasonably should know, is a school zone...

    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property...




    Theseus is well represented by Bruce Colodny, Esq. , one of So Cals finest 2nd Amendment defense attorneys. I'm told that Bruce has every confindence that Theseus will be shown to have been legal in his self defense firearm possession.


    Please join me and many other Calgunners in supporting Theseus, a law abiding American, Father and Husband, against this politically motivated charge and send a message that the SECOND AMENDMENT TO THE BILL OF RIGHTS means what it says and that we will
    STAND BY OUR OWN!


    Please give whatever you can afford. None of us are safe in the face of these unconstitutional laws and politically motivated charges. This could easily some day be you. Will you not now stand with him? Together we are stronger!



    Please donate today. All monies not used will be placed into the Calguns Foundation Fund to be used to further our fight for our





  2. #2

  3. #3
    Regular Member FMCDH's Avatar
    Join Date
    Nov 2008
    Location
    St. Louis, MO
    Posts
    2,043

    Post imported post

    After spending just 3 days in California in my limited UOC experiences, I can honestly say the 1000ft "school zone" law is nothing short of a direct attempt to frustrate lawful/responsible gun owners into not carrying. Anyone who says it doesn'tprevent theprotected right of self defense is a liar or insane.One of the most ridiculous pieces of legislation I have ever hear of or had to deal with in 12 years of carrying a firearm with me around the country.

    I am not even a Ca. resident, but you can count on my donation. After talking with Cato about the issue, and getting the details, it made me disgusted, no end.

    Theseus, you have one more ally in fighting this unconstitutional law, and fighting this insane charge.

    Regards,

    FMCDH (Seattle Wa.)



  4. #4
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    This is gonna be tossed out SO fast it's funny.

    I hope Theseus has some civil standing to recover his court costs for this blatantly wrongful prosecution.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  5. #5
    Regular Member
    Join Date
    Feb 2007
    Location
    City of Angeles - San Fernando Valley, California, USA
    Posts
    158

    Post imported post

    +$100and more to come. Keep up the good fight! Good luck on the 10th!

  6. #6
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    If you haven't given to this cause yetplease do, every dollar helps. If you've already given consider doing so again. This ain't over yet and your help is needed!

    Donate here: http://www.calgunsfoundation.org/ind...pen-carry-case

    Let'sStand Together!

    photo by oleg volk:

  7. #7
    Regular Member FMCDH's Avatar
    Join Date
    Nov 2008
    Location
    St. Louis, MO
    Posts
    2,043

    Post imported post

    Any word on where this case is at? Court dates, stance of the PA, plea offers, etc?

  8. #8
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    The pre-trial will be March 10th, trial to follow 15 days after I understand.

    The DA at this point is still not budging that he needs to make an example out of me. He seems to basically admit that I didn't break the law as it is written, so his argument is that the law doesn't mean what it says...or that I had to have broken the law some how, he just doesn't have any proof...

    There is, as of now, no indication that he will change his position unless we can get a judge to see the evidence for what it is and pressure the DA.

    As for civil action, I will wait until after the conclusion of this issue before I comment further.

  9. #9
    Regular Member FMCDH's Avatar
    Join Date
    Nov 2008
    Location
    St. Louis, MO
    Posts
    2,043

    Post imported post

    Theseus wrote:
    As for civil action, I will wait until after the conclusion of this issue before I comment further.
    Understood, thanks for the update.

  10. #10
    Regular Member
    Join Date
    Feb 2009
    Location
    Orange County, California, USA
    Posts
    67

    Post imported post

    Did they give you a court location and room number yet? Might be able to stop by for morale support

  11. #11
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    I don't go to these things, that is why I have a lawyer.

    As for the status. . .

    We needed a short continuance to gain more of our evidence.

    We found a little more information about what the DA is thinking and did suggest he offered a "plea deal", but that deal was never communicated to us.

    It was for community service and I think a 6 yr. surrender of my firearms rights. Apparently the DA doesn't know that 626.9 is a prohibitive mis.

  12. #12
    Regular Member FMCDH's Avatar
    Join Date
    Nov 2008
    Location
    St. Louis, MO
    Posts
    2,043

    Post imported post

    Theseus wrote:
    It was for community service and I think a 6 yr. surrender of my firearms rights. Apparently the DA doesn't know that 626.9 is a prohibitive mis.
    Or doesn't care. :X

  13. #13
    Anti-Saldana Freedom Fighter
    Join Date
    Jun 2008
    Location
    San Diego, California, USA
    Posts
    405

    Post imported post

    cato wrote:

    from:
    http://www.calguns.net/calgunforum/s...d.php?t=150893











    There are those who talk and those whodo







    CALGUNNERS DO! And one of our own needs your help.












    The Calguns Foundation has started a Legal Defense fund where you can donate to this cause.


    Theseus has been unloaded open carrying for the better part of a year in East LA County, an area known for violent gang crimes and assaults against peaceful law abiding (but unarmed) citizens. He has carried in compliance with ALL state laws to be able to defend his young wife and daughter as every free American has a Right to do.


    He has also shown and proven that it can be done responsibly and that the public doesn't react with panic and terror at the mere sight of a peacefully holstered sidearm.


    Theseus has been charged with but did not violate the School Zone gun prohibition. He has always been very careful to stay within the law (a Calguns specialty ) When he was contacted by police he was not arrested as his possession was legal.


    It was not until the police went back 3 DAYS LATER WITH A MEASURING DEVICE did the officers realize that it was even within 1000' of a school. THE POLICE DID NOT EVEN KNOW IT WAS IN A "SCHOOL ZONE" at the time Theseus was contacted! A report was sent to the DA's Office and they filed charges (no mention was made that Theseus was on private property).


    He was clearly on Private Property, which is also clearly exempted from the school zone law:



    Quote:


    626.9. (a) This section shall be known, and may be cited, as the
    Gun-Free School Zone Act of 1995.

    (b) Any person who possesses a firearm in a place that the person
    knows, or reasonably should know, is a school zone...

    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property...




    Theseus is well represented by Bruce Colodny, Esq. , one of So Cals finest 2nd Amendment defense attorneys. I'm told that Bruce has every confindence that Theseus will be shown to have been legal in his self defense firearm possession.


    Please join me and many other Calgunners in supporting Theseus, a law abiding American, Father and Husband, against this politically motivated charge and send a message that the SECOND AMENDMENT TO THE BILL OF RIGHTS means what it says and that we will
    STAND BY OUR OWN!


    Please give whatever you can afford. None of us are safe in the face of these unconstitutional laws and politically motivated charges. This could easily some day be you. Will you not now stand with him? Together we are stronger!



    Please donate today. All monies not used will be placed into the Calguns Foundation Fund to be used to further our fight for our




    Cato, I think, in all fairness to people contemplating contributing to this cause, that you should make it clear that CalGuns Foundation is not defending Theseus, they are simply funneling the donations to his lawyer.
    It should be made clear that CGF does not and will not defend or expend funds on the defense of open carriers if they are arrested.


    http://www.calguns.net/calgunforum/s...d.php?t=162385


  14. #14
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    flintlock tom wrote:
    Cato, I think, in all fairness to people contemplating contributing to this cause, that you should make it clear that CalGuns Foundation is not defending Theseus, they are simply funneling the donations to his lawyer.
    It should be made clear that CGF does not and will not defend or expend funds on the defense of open carriers if they are arrested.


    http://www.calguns.net/calgunforum/s...d.php?t=162385
    Thank you for making that clear!

  15. #15
    Founder's Club Member MudCamper's Avatar
    Join Date
    Sep 2007
    Location
    Sebastopol, California, USA
    Posts
    710

    Post imported post

    cato wrote:
    flintlock tom wrote:
    Cato, I think, in all fairness to people contemplating contributing to this cause, that you should make it clear that CalGuns Foundation is not defending Theseus, they are simply funneling the donations to his lawyer.
    It should be made clear that CGF does not and will not defend or expend funds on the defense of open carriers if they are arrested.


    http://www.calguns.net/calgunforum/s...d.php?t=162385
    Thank you for making that clear!
    True, but they make your donations to these cases tax deductible. Double bonus!


  16. #16
    Regular Member
    Join Date
    Dec 2008
    Location
    Peninsula, Bay Area, CA
    Posts
    120

    Post imported post

    MudCamper wrote
    True, but they make your donations to these cases tax deductible. Double bonus!
    And we're happy to help.

    -Gene

  17. #17
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    And this is not over!

    New date April 23rd.

  18. #18
    Regular Member
    Join Date
    Mar 2009
    Location
    San Diego, , USA
    Posts
    82

    Post imported post

    Thesus I think they are hoping to just wear you out so that you roll over. Don't let them do it. Keep us as updated as you can.

  19. #19
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    84

    Post imported post

    Well, at least the delay succeeded in giving you a new legal defense. You can now cite Nordyke and argue that the law you are accused of violating, is unconstitutional and infringes on your 2A right to bear arms.



    God I hope the Gun Free School Zone Act gets ruled unconstitutional.

  20. #20
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    84

    Post imported post

    Any update??

  21. #21
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    May 28th.

  22. #22
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    84

    Post imported post

    Thanks for the update. Good luck. Do you know if your attorney is planning to argue 2A issues in light of Nordyke?

  23. #23
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    ...

  24. #24
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    84

    Post imported post

    Latest Update???

  25. #25
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    The latest update is Jun 26th. Hammering out jury instructions.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •