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Thread: California IVN News - Emeryville, CA police chief Ken james misunderstands Second Amendment rights

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    http://caivn.org/article/2010/05/19/...endment-rights

    . . .

    James has argued that AB 1934, which the California Assembly Appropriations Committee recently passed, would eliminate the imminent risk to police officers that he feels open carrying promotes. However, the police chief isn't for criminalizing open carry for all private citizens, as he seems to favor protection for specific groups such as the Northern California Militia.

    In an audio interview with KALW News, James said these illuminating words in response to a question about the rise in militia groups throughout the nation:

    “In my opinion the Second Ammendment was written to provide the ability of normal citizens to band together and form an army just like these militias are doing. So I believe the militias are totally supported by the Second Ammendment.”

    . . .

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    Regular Member PaleoCon's Avatar
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    Thanks for post Mike, you can hear this anti on the bill carnes 2aradio show as well with bills comments.

    www.2aradio.com

    -p

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    So, one UOC man in a coffee shop is a danger to officers and the public, but a large group of them is not? Who is this guy??? Read the Heller case, Chief James.

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    I was under the impression it was contrary to state law to practice military or paramilitary training if you're not a formally sanctioned military or police organization... am I missing something?
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    CA_Libertarian wrote:
    I was under the impression it was contrary to state law to practice military or paramilitary training if you're not a formally sanctioned military or police organization... am I missing something?
    +1. So James doesn't know California law and can't understand the Bill of Rights. Sounds like your usual public official.

    Code:
    11460. (a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. As used in this subdivision, "paramilitary organization" means an organization which is not an agency of the United States government or of the State of California, or which is not a private school meeting the requirements set forth in Section 48222 of the Education Code, but which engages in instruction or training in guerrilla warfare or sabotage, or which, as an organization, engages in rioting or the violent disruption of, or the violent interference with, school 
    activities.

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    It is my opinion that it is NOT against California law to establish a militia or "paramilitary organization". The catch is that you CANNOT being doing the following:

    "... [engage] in instruction or training in guerrilla warfare or sabotage, or which, as an organization, engages in rioting or the violent disruption of, or the violent interference with, school activities."

    I have attached a link to the complete section:

    http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

    If you read further it talks about those instructing and the limitations about instruction. As long as you don't do anything illegal and don't help anyone that might do anything illegal then you are okay. IMO.

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    Yeah Bigtoe416,

    I think that law # 11460 (a) might just be Nul & Void. Heres why :

    http://www.youtube.com/watch?v=Q_iZY28WkD8

    Otherwise at $1,000.00 a pop there could be a lot of money made

    on these guys. Robin47 :what:

  8. #8
    Regular Member We-the-People's Avatar
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    So.... If your charter, advertising, statements on the net, etc. all say "to support and defend the Constitution of the US and for defense of ourselves and our communities in case of natural or other disaster....."

    Now that shouldn't fit the definition of "guerilla warfare" or "sabotage".

    Of course if you offend the establishment, they're not going to pay attention to your intent or the reality of your actions, they're just going to charge you and run you through their "justice" system.

    Strange that the powers that we are suppose to control have seen fit to establish a system whereby any kind of organized movement to force the system to be responsive to its supposed controllers (the citizens) has become a crime in one or more ways.
    "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)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    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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