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San Diego meetup 17OCT

chewy352

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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
 

Laser Sailor

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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
 

chewy352

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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.
 

Laser Sailor

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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.
 

coolusername2007

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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?
 

chewy352

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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.
 

Hayashi Killian

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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.
 

lorax3

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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?
 

chewy352

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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).http://www.hoffmang.com/firearms/carry/San-Diego-PD-TB-08-05-California-Open-Carry-Dec-2008.pdfand 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.
 

SDPISTOLGRIP

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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.
 

lorax3

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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.
 

chewy352

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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, §8, cl. 3."

I will start a new post for this under open carry questions and will post a link.
 

SDPISTOLGRIP

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

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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