• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Candidate for California State Assembly Blogs About UOC

Livermoron

Regular Member
Joined
Nov 22, 2009
Messages
228
Location
Livermore, California, USA
imported post



I have read through all the info on the above blog...:shock:

Looks like Union City has a individual exercising poor judgment running things in the PD. He expects all his officers to force a spotted UOC'er immediately to the ground AT GUN-POINT, cuff & detain, do a background check, weapon check including S/N check, in ALL instances?!?! Looks like he deems probable cause of a crime in progress as simply the mere sight of a firearm in public?

Okay - So I am minding my own business, reading a book (maybe Atlas Shrugged) sitting in front of Peet's Coffee, because Peet's is WAY better than Starbuck's. I have my USP .45 with an empty mag in the well (because I like to keep dust and other crap out of my rig) in the left leg holster (yup - southpaw) and the full mag on my right in the belt holster... I am enjoying my black velvet roast when out of nowhere, WHAM!!! Down I go, hot coffee goes flying, my USP even sustains a scratch. I look up, whilst spitting out dirt and a little coffee, at the dark blue blur staring down at me with a P226 mussel in my face... WTF man? How about a CIVIL "Hi, how are you? May I inspect your weapon under PC-12031e".

But no UCPD! :cuss:Let's instantly, and without cause, escalate the situation, cause physical harm, violate the constitutional rights of a law-abiding individual, and open the door for criminal and civil actions against the city and the officer(s). Great job Union City! Way to further the "us .vs them" mentality. FAIL :banghead:

 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
imported post

Good ol' Sgt. Tran from Milpitas, the one from the harassment of a Fremont/Milpitas UOCer and his girlfriend who spends company time asking if people who would dare carry a firearm in plain sight is mentally unstable. How I love his input: "Loaded magazine is a firearm, so it must be open carried." Fascinating interpretation of the penal code and case law. To be fair, he seems to get everything else right. I'm sure he just mixed up some of the case law, like Hale, where a loaded magazine in the presence of a firearm is an essential component of the firearm, and hence, cannot be concealed.

The Commander at Newark must have forgot a "not" in his answer about drop leg holsters and shoulder holsters, "Shoulder holsters and drop-leg thigh holsters are not legal." Not not legal maybe. Or not illegal. Whichever you prefer. Not legal? That's just not true. Shoulder holsters and drop leg holsters are not even IN the penal code. The law specifically exempts firearms carried in belt holster, but it doesn't say any other method is illegal. It just gives the belt holster as a specific exemption.

Overall I'd say Union City gets the most legal questions right, but they totally bombed on the fourth amendment/Terry/JL/Ubiles questions. Let's all say it together everybody, "There isn't a gun exception to the fourth amendment."
 

bad_ace

Anti-Saldana Freedom Fighter
Joined
Feb 27, 2009
Messages
327
Location
Cupertino, California, USA
imported post

I know the veteran OCers here don't take legal advice from police or police desk clerks. But I think this data is valuable. It shows how wrong they have it and how truly ignorant they are on the laws. Keep in mind I don't expect them to know all of them, there's too many. But in a court of law my ignorance will be no defense.

Sgt Tran tried to pass on the FUD and we challenged it with a peaceful open carry picnic, which I forgot to invite him to. His FUD? He insisted that an open carrier in Milpitas would get a hot stop. That didn't happen and I seriously doubt it ever will.

I'm not sure what these officers gain by telling people that they'll be drawn down on and treated like felons. If you're a LEO please enlighten us.
 

inbox485

Regular Member
Joined
Jul 10, 2009
Messages
353
Location
Riverside County, California, USA
imported post

bad_ace wrote:
I'm not sure what these officers gain by telling people that they'll be drawn down on and treated like felons. If you're a LEO please enlighten us.

Certain officers are so certain that OC will cause hostility and tension that if they don't see any they will create it. Sad really. Good to see on the other hand that more and more officers are getting the memo and less PD brass seem to be pressuring their officers to overstep their bounds on contacts.
 

OPS MARINE

Regular Member
Joined
Apr 27, 2008
Messages
391
Location
, California, USA
imported post

bad_ace wrote:
I know the veteran OCers here don't take legal advice from police or police desk clerks. But I think this data is valuable. It shows how wrong they have it and how truly ignorant they are on the laws. Keep in mind I don't expect them to know all of them, there's too many. But in a court of law my ignorance will be no defense.

Sgt Tran tried to pass on the FUD and we challenged it with a peaceful open carry picnic, which I forgot to invite him to. His FUD? He insisted that an open carrier in Milpitas would get a hot stop. That didn't happen and I seriously doubt it ever will.

I'm not sure what these officers gain by telling people that they'll be drawn down on and treated like felons. If you're a LEO please enlighten us.
I OC in Milpitas every chance I get, and have not been the victim of a hot stop. I am thankful for this. I mean, I get a couple :shock:'s every once in a while, but nothing more than that accompanied by a sheep-trained question.
 
Top