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Thread: Bakersfield Open Carrier on the TV News

  1. #1
    Founder's Club Member MudCamper's Avatar
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    The OCer in question posted this over on CalGuns, but I don't see it here. I don't know if the poster is even an OCDO member yet.

    http://www.bakersfieldnow.com/news/8...eo=pop&t=a



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    I saw that too. He may have tried to post here, but couldn't because the forum was down.

    But then, I was OCing before I heard of Open Carry or Calguns.



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    Overweight lady sounded way too nonchalant about her opposition. Maybe she was UI.

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    I got a call about this guy. He has a CCW permit.

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    I can't hear the audio at the moment for that video, but the police reactions look pretty funny and oh-so-typical.

    If he had a fishing license, that would just make this whole thing all the more savory.

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    Regular Member Gundude's Avatar
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    pullnshoot25 wrote:
    I can't hear the audio at the moment for that video, but the police reactions look pretty funny and oh-so-typical.

    If he had a fishing license, that would just make this whole thing all the more savory.
    The cops mumbled something about a municipal code against carrying in the park and asked him to leave.

    The large lady thought everyone with a gun would shoot the kids.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Gundude wrote:
    pullnshoot25 wrote:
    I can't hear the audio at the moment for that video, but the police reactions look pretty funny and oh-so-typical.

    If he had a fishing license, that would just make this whole thing all the more savory.
    The cops mumbled something about a municipal code against carrying in the park and asked him to leave.
    Silly cops, that muni code is defunct!

  8. #8
    Regular Member Gundude's Avatar
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    pullnshoot25 wrote:
    Gundude wrote:
    pullnshoot25 wrote:
    I can't hear the audio at the moment for that video, but the police reactions look pretty funny and oh-so-typical.

    If he had a fishing license, that would just make this whole thing all the more savory.
    The cops mumbled something about a municipal code against carrying in the park and asked him to leave.
    Silly cops, that muni code is defunct!
    They knew that. Thats why they didn't arrest him. Just rousted him.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Gundude wrote:
    pullnshoot25 wrote:
    Gundude wrote:
    pullnshoot25 wrote:
    I can't hear the audio at the moment for that video, but the police reactions look pretty funny and oh-so-typical.

    If he had a fishing license, that would just make this whole thing all the more savory.
    The cops mumbled something about a municipal code against carrying in the park and asked him to leave.
    Silly cops, that muni code is defunct!
    They knew that. Thats why they didn't arrest him. Just rousted him.
    At least their neurons haven't been totally glycated

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    pullnshoot25 wrote:
    Gundude wrote:
    pullnshoot25 wrote:
    I can't hear the audio at the moment for that video, but the police reactions look pretty funny and oh-so-typical.

    If he had a fishing license, that would just make this whole thing all the more savory.
    The cops mumbled something about a municipal code against carrying in the park and asked him to leave.
    Silly cops, that muni code is defunct!
    Can you cite the statute or case law that preempts local laws against carrying? All I can find is GC 53701 which just seems to preempt liscensing and registration laws...

    http://ag.ca.gov/firearms/dwcl/53701.php



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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    You're looking too narrowly. All local laws are preempted by state laws if they conflict.

    Article XI, §7 of the California Constitution:

    A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.


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    I do have a CCW but chose not to carry that day incase I had a run in with the PD. The PD was actually really down to earth did not even do a weapons check. They actually said on camera that they are on our side but of course that was left out of the interview. He also stated that bad guys don't open carry.





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    Founder's Club Member MudCamper's Avatar
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    Get A Gun wrote:
    The PD was actually really down to earth did not even do a weapons check. They actually said on camera that they are on our side but of course that was left out of the interview. He also stated that bad guys don't open carry.
    All three of these points are very good, especially coming from LEO. Do you happen to have your own recording of this?


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    I had no need for it at the time. I'll contact the news station and see if they will give me all the raw footage

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    Anti-Saldana Freedom Fighter Sons of Liberty's Avatar
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    It seems Bakersfield Municipal Code does not exempt LEO from "taking into, exhibit, use or discharge any firearm, weapon, or slingshot" in a city park.

    Javelin throwing is also prohibited as well as speaking without a permit.
    Clinging to God & Guns: The Constitution Restoration Project

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    Here's the link to the actual story: http://www.bakersfieldnow.com/news/81193567.html

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    "Hey, we can do this. You don't want to see it, then change the laws.'"


    I hate this quote. I/we can see what he means concerning shall issue ccw but I think the general public is going to say "we need to outlaw open carry"
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    unfortunately the media chopped it it up.

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    Um, what Bakersfield "rule" were teh police talking about? And are such rules or ordinances not preempted in california? i thought they were.

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    Too bad the unloaded carriers keep forgetting to explain the limitation on loading properly - they alwasy just say the guns have to be unloaded when that is not the case.

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    Founder's Club Member MudCamper's Avatar
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    chewy352 wrote:
    "Hey, we can do this. You don't want to see it, then change the laws.'"


    I hate this quote. I/we can see what he means concerning shall issue ccw but I think the general public is going to say "we need to outlaw open carry"
    They edited out all Get_A_Gun's comments about reforming CCW, like they edited out all the pro-gun LEO comments. This is what everyone should expect from the media.

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    Regular Member coolusername2007's Avatar
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    Get A Gun wrote:
    I had no need for it at the time. I'll contact the news station and see if they will give me all the raw footage
    There is always a need for it. We know the media will not report accurately, and we know LEO's will violate a law-abiding citizen's 4A rights. Don't count on the news station handing over their raw footage.

    ETA: By the way, welcome to the forums! And good job UOC'ing and exercising your rights.
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    About 20 minutes after Esqueda arrived, Bakersfield police arrived and informed him that it was against city code to carry guns in a city park. Esqueda complied and told Eyewitness News that he "learned something new."
    That something new is that Bakersfield has an illegal and state-preempted code that has no force of law, which is why no enforcement action was taken.

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    bigtoe416 wrote:
    You're looking too narrowly. All local laws are preempted by state laws if they conflict.

    Article XI, §7 of the California Constitution:

    A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
    Tight - its called "field preemption" by state constitution or statutory implication - the state has ccupied the field of carry regulations based upon 12031 and 626.9 - I think there are a couple of court cases in Cal. appeals court upholding field preemption generally, so it is very arguable, perhaps even decided, that local carry bans are null and void.

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    Get A Gun wrote:
    The PD was actually really down to earth did not even do a weapons check. They actually said on camera that they are on our side but of course that was left out of the interview. He also stated that bad guys don't open carry.
    :celebrate

    It makes me very happy to hear they chose the high road when it came to the 12031(e) check option. Also nice to know they chose to express their respect for the rights of those they swore to protect.

    Too bad they tried to enforce that silly muni code. They ALMOST earned a big gold star... so close, but no cigar!

    I recommend you write a letter to their chief to both commend the officers for their handling of the call and to ask that the department and City Attorney get together and form a policy regarding enforcement of a code that is preempted by statute.

    We've come so far in such a short time. I'm very happy to hear about it when the cops do the right thing. I'm certain these aren't isolated incidents... we just don't hear about it often enough!
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