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Thread: Stopped by police within 1000 feet of school

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    If I were to OC at the mall, leave, and get into my car and later get pulled over by police and pull over within a 1000 feet of a school, would that constitute a violation of the law? It didn't happen but can anyone tell me the answer?

    KAISER-MAN

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    State Pioneer ConditionThree's Avatar
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    Yes.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Assuming you're open carrying a handgun, you'd be in violation of 626.9 if you hadn't put your handgun in a fully enclosed locked container.

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    Don't ask me. . .

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    bigtoe416 wrote:
    Assuming you're open carrying a handgun, you'd be in violation of 626.9 if you hadn't put your handgun in a fully enclosed locked container.
    This one. Make sure your handgun is properly locked up and you will be fine.

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    Theseus wrote:
    Don't ask me. . .
    +10 points for maintaining your sense of humor.

    Hope all is going well.

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    Don't worry about me, I will likely loose at trial, but will absolutely win on appeal.

    And if I am convicted then I really do have damages! He he. . .

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    OK lets say that I'm OC anddriving my motorcycle and I get pulled over by LE within a 1000 feet of a school is this a violation? I'm assuming that you can drive a vehicle while you OC. Should you transport your weapon ina locked container and get it out to OC? On a motorcycle you don't have a lot of options.

    KAISER-MAN

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    Regular Member coolusername2007's Avatar
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    KAISER-MAN wrote:
    OK lets say that I'm OC anddriving my motorcycle and I get pulled over by LE within a 1000 feet of a school is this a violation? I'm assuming that you can drive a vehicle while you OC. Should you transport your weapon ina locked container and get it out to OC? On a motorcycle you don't have a lot of options.

    KAISER-MAN
    That's a good question, I don't know the answer. But I will speculate (although I have nothing to back this up...kind of just thinking out load, so to speak). My truck doesn't have a trunk, so I feel free to carry my locked up pistol anywhere I want to in the cab. Does your bike have lockable side bags? If not, then maybe you would be OK, if it does then you probably wouldn't be OK. You might want to discuss with an attorney on this one.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    KAISER-MAN wrote:
    OK lets say that I'm OC anddriving my motorcycle and I get pulled over by LE within a 1000 feet of a school is this a violation? I'm assuming that you can drive a vehicle while you OC. Should you transport your weapon ina locked container and get it out to OC? On a motorcycle you don't have a lot of options.

    KAISER-MAN
    Any person who possesses a firearm in a place that the person
    knows, or reasonably should know, is a school zone, as defined in
    paragraph (1) of subdivision (e), unless it is with the written
    permission of the school district superintendent, his or her
    designee, or equivalent school authority, shall be punished as
    specified in subdivision.


    Your defense is that you didn't know a school was in the area.
    Rand Paul 2016

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    State Pioneer ConditionThree's Avatar
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    Yooper wrote:
    Your defense is that you didn't know a school was in the area.
    Yeah. I don't think any more of us really want to put that to a test. There is a case where one of the posters in this thread is having to defend themselves against a charge of 626.9- While the burden to prove whether or not they knew the area was a school zone is on the accuser, there is even some dispute over what private property is. If they can redefine private property, I'm sure they can redefine what they think you know.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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    edit!
    When injustice becomes law, resistance becomes duty.

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    ConditionThree wrote:
    Yooper wrote:
    Your defense is that you didn't know a school was in the area.
    Yeah. I don't think any more of us really want to put that to a test. There is a case where one of the posters in this thread is having to defend themselves against a charge of 626.9- While the burden to prove whether or not they knew the area was a school zone is on the accuser, there is even some dispute over what private property is. If they can redefine private property, I'm sure they can redefine what they think you know.
    That isn't entirely true.

    I don't have the burden of proof, they do. From the last DA they were trying to argue strict liability, meaning no knowledge or intent is required. . . if I break it I am guilty. They may win that argument, they may not. As mentioned before, I will likely lose at trial, but I will certainly win on appeal.

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    When injustice becomes law, resistance becomes duty.

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    dirtykoala wrote:
    Theseus wrote:
    ConditionThree wrote:
    .snip.
    That isn't entirely true.

    I don't have the burden of proof, they do. From the last DA they were trying to argue strict liability, meaning no knowledge or intent is required. . . if I break it I am guilty. They may win that argument, they may not. As mentioned before, I will likely lose at trial, but I will certainly win on appeal.
    wtf? doesnt the law state that knowledge is required?
    The law matters not. The Constitution is void in CA. If you are a law-abiding gun owner, you can and will be violated by the government in every way possible, not just against the 2A.

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    dirtykoala wrote:
    Theseus wrote:
    ConditionThree wrote:
    .snip.
    That isn't entirely true.

    I don't have the burden of proof, they do. From the last DA they were trying to argue strict liability, meaning no knowledge or intent is required. . . if I break it I am guilty. They may win that argument, they may not. As mentioned before, I will likely lose at trial, but I will certainly win on appeal.
    wtf? doesnt the law state that knowledge is required?
    why do you think they post those school zone signs. So drivers, who have to know what signs mean, know where they are.

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    When injustice becomes law, resistance becomes duty.

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    dirtykoala wrote:
    Not all schools have signs at 1000 ft, most are much closer
    Those school crossing signs and other "School" signs are normally within 500 feet.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    I never realized those were school zone signs. Apparently I'm a little dense.

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    bigtoe416 wrote:
    I never realized those were school zone signs. Apparently I'm a little dense.
    I had no clue either. So your not alone in the "dense" catagory.
    Rand Paul 2016

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    Well that kinda looks like two women with handbags one is a little further away than the other. More like a warning that multiple women may be crossing the road and if you miss the nearest one, there may be another one ready to step out in front of you.

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    When injustice becomes law, resistance becomes duty.

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