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Thread: John Pierce on Tim Conway's show, KFI 640 AM

  1. #1
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    He'll probably only be on for another 15 minutes.
    Check it out.

    http://www.kfiam640.com/main.html

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    nice thanks for the heads up. The caller that said its a myth about how hard it is to get a CCW I wonder howmuch he donated to his sherriffs campaing and what county. He was so full of S@#% I can smell it all they way down here,
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    Regular Member Gundude's Avatar
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    chewy352 wrote:
    nice thanks for the heads up. The caller that said its a myth about how hard it is to get a CCW I wonder howmuch he donated to his sherriffs campaing and what county. He was so full of S@#% I can smell it all they way down here,
    There are trolls everywhere.
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    Can JP get an audio for us to hear???
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    Regular Member We-the-People's Avatar
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    chewy352 wrote:
    nice thanks for the heads up. The caller that said its a myth about how hard it is to get a CCW I wonder howmuch he donated to his sherriffs campaing and what county. He was so full of S@#% I can smell it all they way down here,
    Getting a CCW isn't that hard.... if you live in the right place you don't even have to be "connected".

    You have to remember, the major portion of California is not in/near major metropolitan areas. Yes, I live in Oregon now but before I moved up here I got my CCW with nothing more than filling in the application. Of course the county had less than 20,000 people, the city I filed in about 5,000, and the police chief knew my name. Not because I was "connected" but because everyone knew everyone (a bit disconcerting when you ahve overnight guests). Anyone "presentable" and with a clean record got their CCW's in that town and county.

    Now, if you'd all like a CHL, have we got a deal for you here in Oregon. A resident of a state adjoining Calif. can apply with ANY Oregon sheriff for a non-resident CHL. While those of us who are Oregon residents must be issued a CHL if we pass the background check, non-residents are "may issue". That said, one of our sheriffs up here has said that he ENCOURAGES non-resident applications and is even trying to attend out of state gun shows to "expedite" the process.

    It's not good in Cali....yet..... but it is good in Oregon and several other states.

    Or you can go for the Utah permit that's good in a bunch of states and can be done "mail order".

    Just a thought.
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    Regular Member Gundude's Avatar
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    We-the-People wrote:
    chewy352 wrote:
    nice thanks for the heads up. The caller that said its a myth about how hard it is to get a CCW I wonder howmuch he donated to his sherriffs campaing and what county. He was so full of S@#% I can smell it all they way down here,
    Getting a CCW isn't that hard.... if you live in the right place you don't even have to be "connected".

    You have to remember, the major portion of California is not in/near major metropolitan areas. Yes, I live in Oregon now but before I moved up here I got my CCW with nothing more than filling in the application. Of course the county had less than 20,000 people, the city I filed in about 5,000, and the police chief knew my name. Not because I was "connected" but because everyone knew everyone (a bit disconcerting when you ahve overnight guests). Anyone "presentable" and with a clean record got their CCW's in that town and county.

    Now, if you'd all like a CHL, have we got a deal for you here in Oregon. A resident of a state adjoining Calif. can apply with ANY Oregon sheriff for a non-resident CHL. While those of us who are Oregon residents must be issued a CHL if we pass the background check, non-residents are "may issue". That said, one of our sheriffs up here has said that he ENCOURAGES non-resident applications and is even trying to attend out of state gun shows to "expedite" the process.

    It's not good in Cali....yet..... but it is good in Oregon and several other states.

    Or you can go for the Utah permit that's good in a bunch of states and can be done "mail order".

    Just a thought.
    It sounds like Oregon is a "shall issue" state. Calif is a "may issue" state. We are at the mercy of the county sheriff to allow us our right to carry. Some counties will issue for personal protection, and some won't.
    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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    lots of californians want to get a CPL!! thats a fack jack!!
    and lots of states will issue out of state CPLs!! thats nice!!
    But california wont honor them!! so the point is??
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    Regular Member We-the-People's Avatar
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    1245A Defender wrote:
    lots of californians want to get a CPL!! thats a fack jack!!
    and lots of states will issue out of state CPLs!! thats nice!!
    But california wont honor them!! so the point is??
    Well the original point was that CCW's are not all that rare in ALL of California, just some parts. Up north (the real up north not the bay area) they're fairly simple and straight forward.

    As for what's the point of having an out of state CHL that Cali won't recognize? Well it would be fun to tell the officer (while open carrying) "Why yes I do have a Concealed License" and hand him your out of state one. Of course that's assuming that you want to be ID'd.



    To GUNDUDE: I'm quite familiar with the CCW of California, had one for several years before I became a political refugee from the PRK to the United States. And yes, Oregon is a "shall issue" state for residents, "may issue" for non-residents (the Grant County Sheriff has basically said he'll hook you up with a CHL if you apply and aren't a BG).

    While not helpful in Cali, the Oregon and Utah permits are valid in other states. I believe NV is one but don't quote me on that. As much as firearms laws change, I check each state other than Cali before I enter it (I know Oregon law intimately and Cali law sufficiently to ensure when I'm there I'm legal).
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
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    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    Regular Member coolusername2007's Avatar
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    Didn't see the audio on KFI's site for this interview. Hopefully they'll have it up within a couple of days.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    Regular Member wewd's Avatar
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    KFI's IT guys sometimes don't post weekend podcasts for days after and sometimes not at all. I have had to email them before asking for the podcast to be put up for it to happen. If they don't have it up by the end of the day tomorrow, someone may have to email them. The weekend crew there is very different from the weekday crew.
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    I sent an e-mail this morning asking about the podcast. I'll post it if it becomes available.

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    Regular Member wewd's Avatar
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    http://www.kfi640.com/common/podcast...st=TimConwayJr

    It's been posted to the podcast page (the 3/13 entry). Skip forward to 36:00 to hear the interview.
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    Just listened to the audio, wow that was long, it was three segments and almost an hour long. A couple of things, Tim Conway, Jr. hit it out of the park at minute 48 regarding restaurants who choose to be defenseless. And John made a slight error when he said your loaded magazine can be put in your pocket. This isn't true, only loose ammo and speed loaders can be in your pocket, not a full semi-auto pistol magazine. Other than that, it was a very positive, thorough interview. Good job Tim.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    The jury isn't settled on the mags in pocket issue, but to avoid any potential problems it is recommended to carry them openly. There have been a number of detainments, most recently this one where someone was carrying a mag in their pocket, and was not cited. Since People v. Hale had to do with concealed mags in a vehicle and not on a person, it may have no bearing on carry in a pocket. Hale had an unloaded handgun on the seat of his car but no magazine in the gun or anywhere visible. The cops used this as probable cause for a search of the car for any loaded mags and found one. He had no mags on his person. The appeals court subsequently upheld his 12025 conviction. But unless you want to be a potential legal test case, don't conceal the mags.
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    coolusername2007 wrote:
    Just listened to the audio, wow that was long, it was three segments and almost an hour long. A couple of things, Tim Conway, Jr. hit it out of the park at minute 48 regarding restaurants who choose to be defenseless. And John made a slight error when he said your loaded magazine can be put in your pocket. This isn't true, only loose ammo and speed loaders can be in your pocket, not a full semi-auto pistol magazine. Other than that, it was a very positive, thorough interview. Good job Tim.
    The twisted logic of People v Hale deals with a vehicle search but to be on the safe side we say keep it open.

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    We-the-People wrote:
    chewy352 wrote:
    nice thanks for the heads up. The caller that said its a myth about how hard it is to get a CCW I wonder howmuch he donated to his sherriffs campaing and what county. He was so full of S@#% I can smell it all they way down here,
    Getting a CCW isn't that hard.... if you live in the right place you don't even have to be "connected".

    You have to remember, the major portion of California is not in/near major metropolitan areas. Yes, I live in Oregon now but before I moved up here I got my CCW with nothing more than filling in the application. Of course the county had less than 20,000 people, the city I filed in about 5,000, and the police chief knew my name. Not because I was "connected" but because everyone knew everyone (a bit disconcerting when you ahve overnight guests). Anyone "presentable" and with a clean record got their CCW's in that town and county.

    Now, if you'd all like a CHL, have we got a deal for you here in Oregon. A resident of a state adjoining Calif. can apply with ANY Oregon sheriff for a non-resident CHL. While those of us who are Oregon residents must be issued a CHL if we pass the background check, non-residents are "may issue". That said, one of our sheriffs up here has said that he ENCOURAGES non-resident applications and is even trying to attend out of state gun shows to "expedite" the process.

    It's not good in Cali....yet..... but it is good in Oregon and several other states.

    Or you can go for the Utah permit that's good in a bunch of states and can be done "mail order".

    Just a thought.
    I wonder if I could still get one (in Oregon) with a misdemeanor conviction. . . wouldn't that just be kick ass sweet to be a prohibited person in Cali, but have an Oregon CCW?!!

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    coolusername2007 wrote:
    ...John made a slight error when he said your loaded magazine can be put in your pocket. This isn't true, only loose ammo and speed loaders can be in your pocket, not a full semi-auto pistol magazine.
    Are we sure this is correct. My reading of People v Hale is that the magazine can be loaded as long as it is not attached to the gun and that only when there is a cartirdige in the position of firing can one be guilty of 12031. Of course, concealing the magazine can lead to a 12025 prosecution.

    Can you please confirm with case law on this point?

    Thanks!


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    inetprez wrote:
    coolusername2007 wrote:
    ...John made a slight error when he said your loaded magazine can be put in your pocket. This isn't true, only loose ammo and speed loaders can be in your pocket, not a full semi-auto pistol magazine.
    Are we sure this is correct. My reading of People v Hale is that the magazine can be loaded as long as it is not attached to the gun and that only when there is a cartirdige in the position of firing can one be guilty of 12031. Of course, concealing the magazine can lead to a 12025 prosecution.

    Can you please confirm with case law on this point?

    Thanks!
    The magazine is considered part of the weapon, ammo and speedy loaders aren't. No citation but I stayed in a Holiday Inn two yrs ago.
    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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    Do we have any case law on the magazine being a part of the firearm?

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    inetprez wrote:
    Do we have any case law on the magazine being a part of the firearm?
    It was People v. Hale. The case you referred to before was People v. Clark, which was a 12031 case. Hale's conviction for 12025 was affirmed on appeal. He had an unloaded handgun sitting on the seat of his car (clearly visible) and loaded magazines hidden in compartments in his vehicle. Police used the handgun in plain view as RAS for a search for the magazines which they found. It was an atrocious case that should have been appealed further on 4A grounds. The California courts are a wasteland of bad, unappealed case law.
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    Does this mean then that when UOC, you cannot have loaded magazines in puches if they are clearly visable?

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    Regular Member wewd's Avatar
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    inetprez wrote:
    Does this mean then that when UOC, you cannot have loaded magazines in puches if they are clearly visable?
    I'm not sure what you mean. We all carry our loaded magazines in pouches/holsters when we UOC. Since the courts have ruled (by making up their own law which has no basis in the written law) that loaded magazines are the same as a firearm when you also have the accompanying firearm in your possession, then PC 12025(f) should apply, which states: "Firearms carried openly in belt holsters are not concealed within the meaning of this section." Substitute firearm with magazine. If you're talking about mag pouches that have flaps over them, I don't see a problem with it. The mag pouch is unmistakable for what it is, especially when accompanied with a holstered firearm, and the pouch itself is carried openly. If you're worried about it, either don't use the flaps (they are usually removable) or get an open top holster that does not have them, which is what I use. I don't want to be fumbling with a snap flap when I have to load my gun to defend my life. Carrying unloaded already puts me at enough of a disadvantage.
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    inetprez wrote:
    coolusername2007 wrote:
    ...John made a slight error when he said your loaded magazine can be put in your pocket. This isn't true, only loose ammo and speed loaders can be in your pocket, not a full semi-auto pistol magazine.
    Are we sure this is correct. My reading of People v Hale is that the magazine can be loaded as long as it is not attached to the gun and that only when there is a cartirdige in the position of firing can one be guilty of 12031. Of course, concealing the magazine can lead to a 12025 prosecution.

    Can you please confirm with case law on this point?

    Thanks!
    Read above...see Wewd's and Cato's response for more detail / clarification.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  24. #24
    Regular Member coolusername2007's Avatar
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    wewd wrote:
    inetprez wrote:
    Does this mean then that when UOC, you cannot have loaded magazines in puches if they are clearly visable?
    I'm not sure what you mean. We all carry our loaded magazines in pouches/holsters when we UOC. Since the courts have ruled (by making up their own law which has no basis in the written law) that loaded magazines are the same as a firearm when you also have the accompanying firearm in your possession, then PC 12025(f) should apply, which states: "Firearms carried openly in belt holsters are not concealed within the meaning of this section." Substitute firearm with magazine. If you're talking about mag pouches that have flaps over them, I don't see a problem with it. The mag pouch is unmistakable for what it is, especially when accompanied with a holstered firearm, and the pouch itself is carried openly. If you're worried about it, either don't use the flaps (they are usually removable) or get an open top holster that does not have them, which is what I use. I don't want to be fumbling with a snap flap when I have to load my gun to defend my life. Carrying unloaded already puts me at enough of a disadvantage.
    The nylon mag holders I have with flaps can be used to cover the mags or youcanflip them over and tuck them in (which is what I do).
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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