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Thread: News report inspires man to display gun in E. Palo Alto Store

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    Regular Member wewd's Avatar
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    About four officers responded and found the man with an unloaded, holstered handgun on his hip and a loaded magazine in his pocket shopping in the store. Police determined he hadn't broken any laws, but the store manager asked him to leave, Norris said.
    It's good to see that People v Hale is not settled case law when it comes to PC 12025. A loaded magazine is only a weapon if I throw it at someone.

    Open Carry advocates have made headlines in recent weeks for displaying unloaded, holstered guns in public places around the Bay Area. The group has said it wants every state to legalize carrying loaded guns in public.
    It already is legal in nearly every state. California is one of the few oddities.

    "The concern for us is that you don't know what the mind set of this person is," Norris said. "You don't know if they're out there just expressing their right to do this or if they have something more sinister in mind."
    Good to see that the authorities have started policing thought crimes. I think if the person truly had ill intent, the call would be "shots fired", not "man pushing shopping cart with a gun on his hip". But that would be too logical.

    In a statement earlier this month, Lt. Ray Lunny of the San Mateo County Sheriff's Office warned residents that officers have the authority to examine visible firearms to make sure they are unloaded.
    I'd like to direct Lt. Lunny to the fourth amendment to the United States Constitution, as well as Terry v Ohio, United States v Ubiles, Florida v J.L., and St. John v McColley. Give you an idea of what the federal courts think about the violation of citizens' fourth amendment rights when a report of a gun is involved. Lt. Lunny is placing himself, his officers, and his department in a position of liability for civil rights lawsuits.
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    Hopefully the department involved doesn't decide to come back and try charging the guy for concealing his magazine...

    The 77-yr-old man and Thesues were both charged with misdemeanors after the fact... just because this guy is walking free now doesn't mean he won't have to pay for his carelessness later.
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  4. #4
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    CA_Libertarian wrote:
    Hopefully the department involved doesn't decide to come back and try charging the guy for concealing his magazine...

    The 77-yr-old man and Thesues were both charged with misdemeanors after the fact... just because this guy is walking free now doesn't mean he won't have to pay for his carelessness later.
    You said exactly what I was thinking when I read that in the article. However, if what was said in the article (excerpt below) is true and accurately has that stated in the report (I assume one was taken), it might be difficult to prosecute later.

    About four officers responded and found the man with an unloaded, holstered handgun on his hip and a loaded magazine in his pocket shopping in the store. Police determined he hadn't broken any laws, but the store manager asked him to leave, Norris said.
    Then again... this is California....

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