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Thread: San Diego meetup 17OCT

  1. #1
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    I would like to invite all of the San Diego areaopen carriers to join me at the Starbucks in Kearny Mesa on 17 Oct at 1:00pm. There is no format, just getting to know everyone. The Starbucks is located at: 4240 Kearny Mesa Blvd. San Diego, CA 92111

    Everyone is invited even if you want to drive out from LA. I just thought In addition to monthly meetups for all of so-cal a county meetup would be useful to discuss local issues.

    Remember to try and bring someone new and come thirsty so we give a good impression to the store.

    Michael

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    Wish I could make it out, but I'm already booked that weekend. Sorry.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    HA!

    I just bought my first pistol from a local dealer, it's being shipped here and it's estimated that my 10 day wait will end on the 16th.



    I'll OC the fist day with my first pistol. :celebrate

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    Laser Sailor wrote:
    HA!

    I just bought my first pistol from a local dealer, it's being shipped here and it's estimated that my 10 day wait will end on the 16th.



    I'll OC the fist day with my first pistol. :celebrate
    Awesome. I tell everyone I talk to and I'll tell you too. Look into all the laws and school zones yourself. I was in a situation once where I blindly followed someone and I almost caught a felony because of it. At the end of the day each person is responsible for themselves. You may also help others by doing this because they might have overlooked something as well.


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    Good call, I've google maped all the school zones in my local area, and included a 100 extra feet just to be safe. I'll do that before I go anywhere with the intend to OC.

    I read someone ask about the reliability of google earth/maps that they might not be proplerly scaled or something. I've discovered most schools come with a handy calibration device built in, it's 100 yards long measured endzone to endzone.

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    chewy352 wrote:
    Awesome. I tell everyone I talk to and I'll tell you too. Look into all the laws and school zones yourself. I was in a situation once where I blindly followed someone and I almost caught a felony because of it. At the end of the day each person is responsible for themselves. You may also help others by doing this because they might have overlooked something as well.

    Excellent reminder for anybody attending organized meetups.

    "...almost caught a felony" Care to expand on this?
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    Also keep in mind that 626.9 is 1000' from the schools property line. Also dont bring the map with you.

    626.9 link http://www.leginfo.ca.gov/cgi-bin/di...ile=626-626.11
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    coolusername2007 wrote:
    chewy352 wrote:
    Awesome. I tell everyone I talk to and I'll tell you too. Look into all the laws and school zones yourself. I was in a situation once where I blindly followed someone and I almost caught a felony because of it. At the end of the day each person is responsible for themselves. You may also help others by doing this because they might have overlooked something as well.

    Excellent reminder for anybody attending organized meetups.

    "...almost caught a felony" Care to expand on this?
    My second meetup was at cruising grand in Escondido and I did not look up the schools for the area. About an hour into the event, walking around looking at cars and handing out fliers, we were stopped by Escondido PD. We were all detained for possible 626.9 violation. LEO performed 12031e check and returned our firearms. While he did this he explained that the entire event was within about 3 school zones but he believed we did not know this. Therefore he gave us "written warnings." However I never signed anything or later received anything in writing.

    I have two trains of thought on this encounter:

    1. LEO is pro 2A and gave us the benefit of the doubt.

    2. Escondido PD is smart and warned us first. That way if we venture into that area again UOC they have a slam dunk case against us.

    Now after more study and stumbling upon it in the forum I now know that 626.9 does not restrict long guns. So i will be returning with my 12 gauge :celebrate

    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, 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 (f).
    (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, if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.
    (2) When the firearm is an unloaded pistol, revolver, or other
    firearm capable of being concealed on the person and is in a locked
    container or within the locked trunk of a motor vehicle.
    This section does not prohibit or limit the otherwise lawful
    transportation of any other firearm, other than a pistol, revolver,
    or other firearm capable of being concealed on the person, in
    accordance with state law.

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    I'll probably go. Anyone have a second pistol they're willing to lend me for OC? (Doesn't hurt to ask!)

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    chewy352 wrote:
    Also keep in mind that 626.9 is 1000' from the schools property line. Also dont bring the map with you.

    626.9 link http://www.leginfo.ca.gov/cgi-bin/di...ile=626-626.11
    Don't bring the map? I hadn't thought of doing so, but could you explain why it's a bad idea?

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    If you bring a map, that shows that you know where school zones are and you can't plead ignorance, since 626.9 has an exemption if you don't reasonably know there's a school zone nearby.

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    chewy352 wrote:
    does not restrict long guns. So i will be returning with my 12 gauge :celebrate
    Ok, if you do it, I'll do it too.

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    I'll do my best to show up that day after work!!
    "Sooner or later we all must die. Warriors choose to do so on their feet, standing between their enemies and those they hold dear. With a weapon in their hands. Cowards choose to do so on their bellies. Unarmed."
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    "The tragic history of civilian disarmament cries a warning against any systematic attempts to render innocent citizens ill-equipped to defend themselves from tyrant terrorists, despots or oppressive majorities,"
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    coolusername2007 wrote:
    [So i will be returning with my 12 gauge
    Interesting. So will you be taking the 12GA to starbucks or sticking to a handgun? I am curious on the orientation of the long arm when open carrying.

    I assume you kept it slung around your back with the muzzle pointed toward the ground. Do you keep any shells on you?

    When you sit down do you keep the weapon on you or set it against the wall?

    Have you been 12031(e)'d with a longarm before? How did that process go?

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    lorax3 wrote:
    coolusername2007 wrote:
    [So i will be returning with my 12 gauge
    Interesting. So will you be taking the 12GA to Starbucks or sticking to a handgun? I am curious on the orientation of the long arm when open carrying.

    I assume you kept it slung around your back with the muzzle pointed toward the ground. Do you keep any shells on you?

    When you sit down do you keep the weapon on you or set it against the wall?

    Have you been 12031(e)'d with a longarm before? How did that process go?
    At Starbucks so far as I know there are no schools in the area so i will be carrying my handgun. I'll be carrying my shotgun at cruising grand in Escondido on 30 Oct. I will start a new post if enough people are interested. (PM me if you would like to carry at cruising grand with me. Long guns only as it is a school zone).

    As far as how I'll carry I don't know yet as I have never had a sling for my shotgun. As soon as I buy one I will see what is comfortable. More than likely I will carry at sling arms (muzzle straight up, gun in front resting against shoulder). I will have shells with me, 5 on the stock as explained inPeople v. Clark, 45 Cal. App. 4th 1147, 1153(1996).and more either in my pocket or elsewhere to be determined by my sling or if I get a separate storage device.

    When I sit down my firearm will still remain in my position in a safe manner.

    No I have not been 12031(e)'d with a long gun yet but I expect it to go the same as any other 12031(e) check.
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    What time were you planning on meeting? I will be at work until 11am that day but I work across the street from there so the drive is close.

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    Be aware that although 626.9PC does not effect long arms, that 18 USC 922(q) does. Now how likely a prosecution under this section is another story is another question due to US. v Lopez

    The law is still on the books, so you can be charged for it should they decide to be a pain in your side.

    I would avoid carrying in all school zones.

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    SDPISTOLGRIP wrote:
    What time were you planning on meeting? I will be at work until 11am that day but I work across the street from there so the drive is close.


    The meetup for Starbucks is posted in the OP. Cruising grand is now up in the air for me.

    What do you think of this SDPISTOLGRIP?


    Be aware that although 626.9PC does not effect long arms, that 18 USC 922(q) does. Now how likely a prosecution under this section is another story is another question due to US. v Lopez

    The law is still on the books, so you can be charged for it should they decide to be a pain in your side.

    I would avoid carrying in all school zones
    .


    SCOTUS said, "We hold that the Act exceeds the authority of Congress "[t]o regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, ยง8, cl. 3."

    I will start a new post for this under open carry questions and will post a link.
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    18 USC 922(g) vs. US. v Lopez discussion link

    http://opencarry.mywowbb.com/view_to...amp;forum_id=7
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    Duuuhhhhh! I gotta start reading entire posts a bit better. 1:00pm it is.

    Regarding the case law; Regardless of length weather it be pistol or long gun a firearm is a firearm. The text that specifically mentions long gun:

    "(2) When the firearm is an unloaded pistol, revolver, or other
    firearm capable of being concealed on the person and is in a locked
    container or within the locked trunk of a motor vehicle."

    Is meaning that if you have it locked in a container unloaded then you can not be charged with 626.9pc. That does not mean that you can walk around within school limits (1000' K-12) with a rifle over your shoulder. I think it reads pretty clear on that.

    So regardless of what kind of firearm it is if your in the school zone (1000" K-12) make sure its unloaded, and in a lock box in the truck. Period.

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    SDPISTOLGRIP wrote:
    Duuuhhhhh! I gotta start reading entire posts a bit better. 1:00pm it is.

    Regarding the case law; Regardless of length weather it be pistol or long gun a firearm is a firearm. The text that specifically mentions long gun:

    "(2) When the firearm is an unloaded pistol, revolver, or other
    firearm capable of being concealed on the person and is in a locked
    container or within the locked trunk of a motor vehicle."

    Is meaning that if you have it locked in a container unloaded then you can not be charged with 626.9pc. That does not mean that you can walk around within school limits (1000' K-12) with a rifle over your shoulder. I think it reads pretty clear on that.

    So regardless of what kind of firearm it is if your in the school zone (1000" K-12) make sure its unloaded, and in a lock box in the truck. Period.
    You missed the second paragraph of section 2. This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in
    accordance with state law.



    According to pc 12025: (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

    Therefore if I am wearing shorts and a t-shirt my shotgun would not be capable of being concealed. Whereas if I was wearing a trench coat it would be capable of being concealed



    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, 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 (f).
    (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, if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.
    (2) When the firearm is an unloaded pistol, revolver, or other
    firearm capable of being concealed on the person and is in a locked
    container or within the locked trunk of a motor vehicle.
    This section does not prohibit or limit the otherwise lawful
    transportation of any other firearm, other than a pistol, revolver,
    or other firearm capable of being concealed on the person, in
    accordance with state law.



    However I was asking you for your opinion on this lol http://opencarry.mywowbb.com/view_to...amp;forum_id=7

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    chewy352 wrote:
    ...

    According to pc 12025: (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

    Therefore if I am wearing shorts and a t-shirt my shotgun would not be capable of being concealed. Whereas if I was wearing a trench coat it would be capable of being concealed
    Interesting read on the law there, but an incorrect one.

    "Firearm capable of being concealed" is statutorily defined, and describes particluar weapons (e.g "short-barreled rifles/shotguns).

    Code:
    12001. (a) (1) As used in this title, the terms "pistol,"  "revolver," and "firearm capable of being concealed upon the person"  shall apply to and include any device designed to be used as a  weapon, from which is expelled a projectile by the force of any  explosion, or other form of combustion, and that has a barrel less  than 16 inches in length. These terms also include any device that  has a barrel 16 inches or more in length which is designed to be  interchanged with a barrel less than 16 inches in length.
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  23. #23
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    **Forum wouldn't let me finish writing my above post... kept tacking it on to the end of the PC citation...**

    So, you could in fact wear your shotgun under a trench coat... or in a guitar case... or wrapped in blanket... etc. 12025 and 626.9 apply ONLY to handguns and "short-barreled" long guns.
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    CA_Libertarian wrote:
    chewy352 wrote:
    ...

    According to pc 12025: (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

    Therefore if I am wearing shorts and a t-shirt my shotgun would not be capable of being concealed. Whereas if I was wearing a trench coat it would be capable of being concealed
    Interesting read on the law there, but an incorrect one.

    "Firearm capable of being concealed" is statutorily defined, and describes particluar weapons (e.g "short-barreled rifles/shotguns).

    Code:
    12001. (a) (1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.
    This is why I love this forum. I never looked at that PC.

    So If I understand correctly for example I wish to carry my Remington 870 express with a 28" barrel. No where on Remington'swebsite for that firearm does it included a barrel less than 16". Therefore it is not designed to be interchanged with a barrel less than 16 inches in length. Nor does it have a barrel less than 16 inches in length.

    So my shotgun is not considered concealable? A barrel less than 16" in length for a shotgunis illegal in CA anyways, is it not?

    Thank You everyone for your help and letting me pick your brains.
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    If an OC/UOC event is held within the magical 1000' "Victim Disarmament Zone" I will not risk showing up with a firearm. I understand pushing the envelope but that's something where it's too easy for local PD to call in an FBI assistance. Sure we could skate by local PD charges, but federal? Hmmm... Bad idea.

    Until 626.9/626.95 are overturned and/or stricken from the books in CA, I would highly advise against having a carry event within the 1000' radius of a school.
    Gun control isn't about guns -- it is about control.

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