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Santa Clara County 'e' Check

bad_ace

Anti-Saldana Freedom Fighter
Joined
Feb 27, 2009
Messages
327
Location
Cupertino, California, USA
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After meeting with a bunch of open carriers in Sunnyvale for some coffee I went home and took my dog for a walk. Apparently there was a festival going on in my neighborhood. On this walk I passed two deputies going the opposite direction (same sidewalk). I'm glad to see that they used discretion and didn't stop me (a win for UOC in California). It wasn't until I tossed my dog's waste in the trash and headed back their direction that I noticed a woman stopping to talk with them. The woman pointed at me and then left the deputies. As I passed them the male deputy got my attention and asked to do an "e" check (PC12031 (e) ).

Here is the video.

http://www.opencarryradio.com/videos/IMG_0174_trimmed.mov
 

cato

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Oct 29, 2006
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California, USA
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The video won't play for me (all I get is a totally white screen - doesn't seem like I'm evenconnecting).
 

shadylane

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Kudos to the police for handling it correctly. The officers were pretty respectful, as they should be. Just wish they realized that people who are scared don't approach you, so you don't get the opportunity to tell them that it's unloaded.
 

Hedge

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Sep 20, 2009
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San Jose, , USA
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The first link worked but took a few minutes to load for me. It does have more detail than the YouTube link though.

Kudos on the LEOs for not approaching you until someone specifically asked about the guy carrying the gun.
 

cato

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Great job and attitude by the deputy! I do hope he reads this and is aware that "e" checks are not required on his part. He is choosing to do that and may also choose to not check.

Sounds like he is a RKBA supporter. Just need to move him a little to the "don't have to check" side of "e". ;)
 

coolusername2007

Regular Member
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Jun 28, 2009
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Temecula, California, USA
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Good job handling the encounter. I really liked the part wherehe said "Do it for me." and then smiles. That's funny. I wouldn't tell anyone my gun unloaded, that's just TMI.
 

Bull Frog

Regular Member
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Jul 29, 2009
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216
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Sunnyvale, California, USA
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I agree. When folks start calling the cops because you may be wearing a knife or a gun, cops need to be careful, and tell folks about the constitution.

Education is key, but usually if you choose to wear a weapon (your right) you will be reported as some lunatic needing to be shot on site.

This truth inhibits me from going armed in public. The public, in general, is stupid.

But police training seems to be improving. Maybe someday they can accept that any legal citizen can carry loaded weapons, open carry or concealed.

But don't be drinking, see? Define a legal citizen? I think you all have the idea.

First of all, the legal citizen is a sober citizen.
 

Bull Frog

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Sunnyvale, California, USA
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I think that telling anyone "it's not loaded" is a waste of breath, because they will be running so fast to the nearest policeman ... well, we just as well should carry loaded guns, as the constitution says we can.

And then say, "Of course it's loaded, you dummy!". Need I say more? What happened to that health care plan for everyone? Dummy.
 

Bull Frog

Regular Member
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Jul 29, 2009
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Sunnyvale, California, USA
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Let me comment - cops don't like anyone that carries a gun. They consider themselves as exclusive gun carriers, and resent anyone that has that right. That's the rub; we all resent a fool with a gun. Certain small localities have always attempted to restrict constitutional rights, usually prohibiting Johnny from bringing his guns to town. But it was alway about alcohol. Take your gun to town, Johnny, but do not get drunk.

So, the wise fashioned laws that would not inhibit the just in any way. Wow, that was tough!

Well, it just got too tough, so the so called wise decided to prohibit weapons .... and from there, it all went south.

Here's an interesting fact: We live in the last country on earth when it comes to health care. It's not that we are last, it's just that we are too stupid to do anything about it.

You are not going to get health care, because the insurance companies don't give a flying **** about you, they are driven by PROFIT. Guess whom gets screwed.

And your politicians are getting rich, too, at your expense - I mean, who do you think is driving Wall Street?

So, do you think it is time to dump the current government? This is what the constipation says - well, I can't remember all the flowery words, but you assholes better get off yours asses and and get to work.
 

Army

Regular Member
Joined
Mar 19, 2008
Messages
289
Location
San Luis Obispo, California, USA
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Dude...what?

First, nobody has been shot by a cop for UOC. You silly rhetoric is old and tired.

Second, your political rant is way off-base, full of holes, basically untrue, and most certainly does not belong on this forum.

Go away.
 

Decoligny

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Joined
Nov 29, 2007
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Location
Rosamond, California, USA
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Lead Lobber wrote:
But don't be drinking, see? Define a legal citizen? I think you all have the idea.

First of all, the legal citizen is a sober citizen.
Don't be drinking? What about having a glass of wine with my meal? That IS perfectly legal, even when armed.

There is nothing in the California Penal Code that says that drinking is illegal. There is nothing in the Penal Code that says you can't take a drink (or two, or even three) if you are armed. In actuality, there isn't even a law on the books that makes it illegal to be armed when legally drunk.

While there is a 100% VALID argument that it isunwise to be under the influence of alcohol while armed, it DOES NOT make you an "illegal" citizen because you are not 100% sober.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
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Army wrote:
Dude...what?

First, nobody has been shot by a cop for UOC. You silly rhetoric is old and tired.

Second, your political rant is way off-base, full of holes, basically untrue, and most certainly does not belong on this forum.

Go away.
+1

bad_ace: You have the most respectful leos ever. I would say I'm jealous but I honestly think you've both reached across the divide and have come to a mutually beneficial relationship. I hope you're sending out letters of commendation for all of these outstanding Sheriffs.
 

N6ATF

Banned
Joined
Jul 22, 2009
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Location
San Diego County, CA, California, USA
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Less than 2 minutes, most of that extraneous discussion. Pamphlet idea: "It's unloaded, because the government doesn't want US to be able to defend ourselves 100%."

What was that about decocking? Since you had it in condition 4 before the slide rack he just wanted to return it to its original state?
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
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2,585
Location
Stanislaus County, California, USA
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You did a great job when you asserted your right to refuse unreasonable searches. However, when he declared, "I have a right to check that it's unloaded, and that's all I'm going to do," you replied, "that's fine."

It's really a moot point, but that sounds an aweful lot like consent to me. We're probably not at this point yet, but some day we'll be challenging 12031(e) against constitutional muster. If you consent, you have no grounds to challenge.

I recommend:

"I do not consent to any searches or seizures of my person or property. Am I free to go?" If the officer insists on further detaining you and seizing your firearm (even for just 10 seconds); "I will not physically resist your search or seizure, but I have not consented. Let me know as soon as I am free to go about my business." Then say nothing else, except ask every couple minutes if you're free to go. Answer every question with silence, or a request for an end to the detention.

A further benefit of this approach is they don't get to waste any of your time with what they can later call 'voluntary conversation'.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
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Location
Oregon
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Something I wanted to point out earlier was police officers have abilities, they don't have rights. Well, they have the same rights we have as citizens, but outside of those they just have things they can do. Semantics, but I think it's an important point to make.

ETA: I just realized that pullnshoot25 said something similar in his 6-6 detainment audio. Big thumbs up to you sir.
 
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