View Poll Results: when?

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  • aug 29th

    1 10.00%
  • aug 30th

    0 0%
  • sept 5th

    0 0%
  • sept 6th

    0 0%
  • sept 12th

    7 70.00%
  • sept 13th

    2 20.00%
  • sept 19th

    0 0%
  • sept 20th

    0 0%
  • sept 26th

    0 0%
  • sept 27th

    0 0%
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Thread: bay area UOC the second

  1. #1
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    When injustice becomes law, resistance becomes duty.

  2. #2
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    When injustice becomes law, resistance becomes duty.

  3. #3
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    My sched is pretty flexible. I would be more concerned about where rather than when. Looking forward to watching things firm up!


  4. #4
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  5. #5
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    I voted for the 29th, I'm pretty open except for the 13th. The 5th would work for me too. I'm cool with meeting wherever in the South Bay/Peninsula (except for maybe Palo Alto, I seem to recall that they have some municipal code against carrying guns...too tired to cite at the moment though).

  6. #6
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    Here is the bizarre Palo Alto Muni Code you speak of.

    http://www.amlegal.com/nxt/gateway.d...JD_Chapter9.08

    9.08.010 Firing and possession of guns and firearms.

    Except as otherwise provided in this chapter no person shall have in his possession within this city, and no person shall fire or discharge, or cause to be fired or discharged within this city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city, or to fire or discharge or cause to be fired or discharged within the city, any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, air-gun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as "firearms."
    (Ord. 1720 (part), 1956: prior code§ 8.01)

    9.08.020 Exceptions.

    (a) The provisions of Section 9.08.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:

    (1) To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

    (2) To persons using firearms in necessary self-defense;

    (3) To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;

    (4) To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;

    (5) To the discharging or firing of fireworks after permit therefor has been issued by the fire chief;

    (6) To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents;

    (7) To the discharging or firing of a pistol incapable of projecting any bullet or missile

    (a) for the sole purpose of starting an organized athletic event, by an official who has charge of the competitors at the start of the athletic event; or

    (b) for use as a theater prop in a bona fide theatrical production.
    (Ord. 2936§ 1, 1976: Ord. 2142 (part), 1963: Ord. 1720 (part), 1956: prior code§ 8.02)


    Now that 2A has been incorporated, is all of this null and void?

  7. #7
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    tall_tree wrote:
    Here is the bizarre Palo Alto Muni Code you speak of.

    http://www.amlegal.com/nxt/gateway.d...JD_Chapter9.08

    9.08.010 Firing and possession of guns and firearms.

    Except as otherwise provided in this chapter no person shall have in his possession within this city, and no person shall fire or discharge, or cause to be fired or discharged within this city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city, or to fire or discharge or cause to be fired or discharged within the city, any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, air-gun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as "firearms."
    (Ord. 1720 (part), 1956: prior code§ 8.01)

    9.08.020 Exceptions.

    (a) The provisions of Section 9.08.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:

    (1) To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

    (2) To persons using firearms in necessary self-defense;

    (3) To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;

    (4) To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;

    (5) To the discharging or firing of fireworks after permit therefor has been issued by the fire chief;

    (6) To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents;

    (7) To the discharging or firing of a pistol incapable of projecting any bullet or missile

    (a) for the sole purpose of starting an organized athletic event, by an official who has charge of the competitors at the start of the athletic event; or

    (b) for use as a theater prop in a bona fide theatrical production.
    (Ord. 2936§ 1, 1976: Ord. 2142 (part), 1963: Ord. 1720 (part), 1956: prior code§ 8.02)


    Now that 2A has been incorporated, is all of this null and void?
    Technically is has always been null and void, the state has preemption on firearm laws. Its just bad law written, that hasn't been challenged yet.



    On another note, I don't see an exemption for CCW holders, are they not allowed to have firearms in their possession in the city of Palo Alto as well?

  8. #8
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    tall_tree wrote:
    Here is the bizarre Palo Alto Muni Code you speak of.

    ...

    Now that 2A has been incorporated, is all of this null and void?
    Welcome to the forum.

    First, the 2A is not yet incorporated. The 9th Circuit has voted to rehear Nordyke en banc, which means the panel decision is null and void pending rehearing.

    Second, as Camsoup points out, our state preempt's local ordinances from regulating any firearm regulations that state law addresses, with exception for rules on city property.

    So, they can ban guns from the lawn of city hall, or the fair grounds, but they cannot ban them on the streets or any private property.
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    Don't Tread On Me.

  9. #9
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    When injustice becomes law, resistance becomes duty.

  10. #10
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    I have started to create a map showing K-12 school properties in Palo Alto. I've attached it as a zipped up KMZ file for Google Earth. (I could not post it as just a straight KMZ file, not an allowed extension.) Is Palo Alto pretty typical in terms of school zone density in the Bay Area? Is seems like a mine field in terms of UOC.

  11. #11
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    dirtykoala wrote:
    so does this make it safe to UOC in palo alto or not?
    Technically it is safe. But then bobbarker's arrest in Oceanside last July was a municipal code arrest, so technically that should have been safe too.

  12. #12
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    Im in 5 hours down the way but would love to come up and join you guys..numbers count.

  13. #13
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    bigtoe416 wrote:
    dirtykoala wrote:
    so does this make it safe to UOC in palo alto or not?
    Technically it is safe. But then bobbarker's arrest in Oceanside last July was a municipal code arrest, so technically that should have been safe too.
    Exactly. My suggestion is you call or write the city attorney. Chances are they might say, "consult your own attorney for legal advice," but they might surprise you... just sound friendly... 'you'll catch more flies with honey.'

    Before I began open carrying, I contacted the PDs in Modesto and Turlock. Both have ordinances which are preempted by state law.

    Modesto PD refused to discuss it beyond threatening to assault me if I dared open carry in their town. Turlock PD responded much more politely, saying they only enforce state gun laws.

    Ironically, it was Turlock PD that ended up assaulting me... but to be fair I open carried about 100 times as much in Turlock as I did in Modesto, so there was much more chance for exposure. (Simply because that's where I spent most my time.)
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    Don't Tread On Me.

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    I am free any time in the month of Sept. Thanks Dirty for the effort. I am looking forward to discussing the oc movement.

  15. #15
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  16. #16
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    maybe a bbq...or are parks a no no?

  17. #17
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    A BBQ sounds great. I am open to bringing anything needed. Any great UOC'in chefs in the group?

  18. #18
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  19. #19
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    I believe city parks would be covered by municipal codes, for example, in San Francisco there is a (illegal) code against having a firearm in a park.

  20. #20
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  21. #21
    Anti-Saldana Freedom Fighter bad_ace's Avatar
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    Voted for the 12th (I'll be back in town that weekend). Milpitas park sounds good, count me in!

  22. #22
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  23. #23
    Anti-Saldana Freedom Fighter bad_ace's Avatar
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    If we do the meet up in Milpitas I'll invite "Sgt. Tran" to join us. Maybe I can get an interview with him.

    Link to jeffw's inquisitive SWAT member / self appointed detective / Investigator of Citizen's Mental Health: http://opencarry.mywowbb.com/view_to...32&forum_id=12

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  25. #25
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    My wife just a co. picnic and they had to get a permit, it was in Santa Clara. Might want to check on that I'm sure there are some questions that will be asked.

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