Bakersfield Open Carrier on the TV News

imported post

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"

Click to expand...

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.

imported post

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

Click to expand...

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.

imported post

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."

Click to expand...

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.

imported post

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.

Click to expand...

Click to expand...

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.

imported post

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.

Click to expand...

: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!