Edward Peruta
Regular Member
imported post
I'm sure that the County of San Diego and the San Diego Sheriff's Department will offer the fact that I have the right to Unloaded Open Carry as a means of self defense. I thought of this prior to making application for a CCW, and here are my thoughts on carrying openly and UNLOADED.
Unloaded open carry is not an option to me at this time.
The California Penal Code currently promotes and allows armed CONFRONTATION” between members of law enforcement and law abiding members of the public.
One only has to read some of the posted public documents on this website to see the problems.
To carry a firearm openly and unloaded prevents the person bearing the weapon from being read to instantly defend themselves when confronted.
I’m sure that Justice Scalia and the four other Supreme Court justices that made up the Heller majority would agree that the founding fathers when reducing their Second Amendment beliefs into written form, knew that THE WEAPONS OF THE TIME, (Black Powder Muskets and Pistols), were carried LOADED by having powder, patch and ball compacted in the barrel and a piece of flint screwed to the hammer.
What everyone needs to realize is the fact that the California Penal Code actually promotes and allows “CONFRONTATION” between armed individuals who regardless of whether they are civilians or members of law enforcement,are legally carrying their handguns for self defense.
The current California Penal Code provisions found in 12031 (e) encourages, promotes and allows unnecessary weapon checks and confrontations with law abiding citizens by members of law enforcement without probable cause regardless of the circumstances.
To allow any member of society to TACTICALLY approach anyone for the simple purpose ofexamining a legally carried openly exposedhandgun to determine if the weapon isLOADED is a tragedy waiting to happen.
The law, by not mandating probable cause to justify the confrontation, or limiting the manner in which law enforcement approaches, detains and searches law abiding citizens, places citizens and members of law enforcement in great danger of serious injury or death during the confrontation.
By allowing one or more police officers, (especially those in plain clothes), to approach law abiding citizens tactically with weapons drawn, creates a visual picture and emotional situation where the citizen(s) may immediately feel threatened at the site of weapons in the hands of those advancing on his or her position.
One only has to research the cases, (there are many), where off duty members of law enforcement dressed in civilian clothes have been mistaken for common criminals by their brothers and sisters in bluewhile being approached only to bewounded and/or killed, simply because they possessed and exposed their legally possessed firearms.
Please GOOGLE: “Plain Clothes Police officer shot”
http://www.nytimes.com/2009/05/29/nyregion/29cop.html
A New York City police officer who had just gotten off duty was fatally shot late Thursday in East Harlem by a fellow officer who mistook him for an armed criminal, Police Commissioner Raymond W. Kelly said.
Chief Urges Identity Code For Police; Plainclothes Officer's Shooting Prompts Call
D.C. Police Chief Larry D. Soulsby said yesterday that the department must come up with new ways for plainclothes officers to identify themselves to their uniformed colleagues at crime scenes to avoid repeating an incident Tuesday in which one officer shot another in the back.
Soulsby said he made two trips to Washington Hospital Center yesterday to see Detective Lani Jackson-Pinckney, who remained partly paralyzed, with her four-month fetus in good condition. She was in civilian clothes with her gun drawn when she interceded in an attempted carjacking in Northeast Washington and was shot by ...
I know that I have the ability to carry my handgun openly while UNLOADED in the State of California, but currently suffer the chilling effects caused by the thoughts of being tactically confronted by members of law enforcement especially those that may be in plain clothes while doing so.
I have no problem with LOADED OPEN CARRY but desire to carry my firearm either OPENLY or CONCEALED!!
I'm sure that the County of San Diego and the San Diego Sheriff's Department will offer the fact that I have the right to Unloaded Open Carry as a means of self defense. I thought of this prior to making application for a CCW, and here are my thoughts on carrying openly and UNLOADED.
Unloaded open carry is not an option to me at this time.
The California Penal Code currently promotes and allows armed CONFRONTATION” between members of law enforcement and law abiding members of the public.
One only has to read some of the posted public documents on this website to see the problems.
To carry a firearm openly and unloaded prevents the person bearing the weapon from being read to instantly defend themselves when confronted.
I’m sure that Justice Scalia and the four other Supreme Court justices that made up the Heller majority would agree that the founding fathers when reducing their Second Amendment beliefs into written form, knew that THE WEAPONS OF THE TIME, (Black Powder Muskets and Pistols), were carried LOADED by having powder, patch and ball compacted in the barrel and a piece of flint screwed to the hammer.
What everyone needs to realize is the fact that the California Penal Code actually promotes and allows “CONFRONTATION” between armed individuals who regardless of whether they are civilians or members of law enforcement,are legally carrying their handguns for self defense.
The current California Penal Code provisions found in 12031 (e) encourages, promotes and allows unnecessary weapon checks and confrontations with law abiding citizens by members of law enforcement without probable cause regardless of the circumstances.
To allow any member of society to TACTICALLY approach anyone for the simple purpose ofexamining a legally carried openly exposedhandgun to determine if the weapon isLOADED is a tragedy waiting to happen.
The law, by not mandating probable cause to justify the confrontation, or limiting the manner in which law enforcement approaches, detains and searches law abiding citizens, places citizens and members of law enforcement in great danger of serious injury or death during the confrontation.
By allowing one or more police officers, (especially those in plain clothes), to approach law abiding citizens tactically with weapons drawn, creates a visual picture and emotional situation where the citizen(s) may immediately feel threatened at the site of weapons in the hands of those advancing on his or her position.
One only has to research the cases, (there are many), where off duty members of law enforcement dressed in civilian clothes have been mistaken for common criminals by their brothers and sisters in bluewhile being approached only to bewounded and/or killed, simply because they possessed and exposed their legally possessed firearms.
Please GOOGLE: “Plain Clothes Police officer shot”
http://www.nytimes.com/2009/05/29/nyregion/29cop.html
A New York City police officer who had just gotten off duty was fatally shot late Thursday in East Harlem by a fellow officer who mistook him for an armed criminal, Police Commissioner Raymond W. Kelly said.
Chief Urges Identity Code For Police; Plainclothes Officer's Shooting Prompts Call
D.C. Police Chief Larry D. Soulsby said yesterday that the department must come up with new ways for plainclothes officers to identify themselves to their uniformed colleagues at crime scenes to avoid repeating an incident Tuesday in which one officer shot another in the back.
Soulsby said he made two trips to Washington Hospital Center yesterday to see Detective Lani Jackson-Pinckney, who remained partly paralyzed, with her four-month fetus in good condition. She was in civilian clothes with her gun drawn when she interceded in an attempted carjacking in Northeast Washington and was shot by ...
I know that I have the ability to carry my handgun openly while UNLOADED in the State of California, but currently suffer the chilling effects caused by the thoughts of being tactically confronted by members of law enforcement especially those that may be in plain clothes while doing so.
I have no problem with LOADED OPEN CARRY but desire to carry my firearm either OPENLY or CONCEALED!!