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Thread: Soldier going on leave in/around December.

  1. #1
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    Soldier going on leave in/around December.

    Hello everyone,

    As this is my first post I would like to introduce myself. My name is William, I am a legal resident of California and am currently in the armed services.

    Over the last couple years I have been getting concerned about the large amount of anti-gun laws trying to be passed and I would like to show my support by OCing in my home town when I go on leave, I haven't been able to do this earlier simply because I was deployed and just recently got back.

    I have read through most of the standard publications on this website about OCing in California and while I don't have them memorized I do intend to by the time I leave.

    Legal representation for me is not really an issue since I have the military lawyers. However I need to make absolutely sure that I am "in the right" when I do this and so I will be consulting them before I leave.

    What I was curious about is if anyone knows some off-the-wall city or county laws that prevent me from doing this in the town of Chico (In Butte County).

    I would also appreciate any tips from people who OC already, I am honestly a little apprehensive about doing this (unlike everyone else here I *CAN* be tried twice for any offenses I commit, under military law and civilian) but I feel it is my responsibility to help protect my right to own and carry a firearm. Any pointers from current OCers would be welcome.

    Thank you everyone for your time.
    Last edited by WilliamRB; 08-11-2010 at 09:04 AM.

  2. #2
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    Military lawyers will not represent you in a civilian court. They will give you advice in the office, but you will be alone in court.

  3. #3
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    That is why I was going to consult them before I left to make sure.

    I have several other Soldiers who have used military lawyers for civilian cases from divorces to fraud.

    Even if they won't I still plan on doing this.

    Thank you for the heads up though.
    Last edited by WilliamRB; 08-11-2010 at 09:27 AM.

  4. #4
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    So, I just got back from the legal office.

    That was an interesting experience to say the least.

    A lot of "Are you stupid?" and "Don't be an ******* by carrying your sidearm"... not to mention my favorite "If you do this you will not receive any support from us or the army at all and this will severely effect your chances of being promoted later on".

    So, I don't think they like the idea.

    That's no real shock though, as for if there were any military laws preventing it they said that they didn't know and I have to make an appointment with one of the higher-level attorneys.

  5. #5
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    I am amazed that there wasn't a single lawyer who was down with OC. Of course, such a lawyer may have chosen to remain silent under the circumstances. If there is an OC-friendly lawyer, can you think of a way to smoke him out for some out-of-office consultation?

  6. #6
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    Not that I can think of, since I am currently in Germany there are only a couple military lawyers available in the area. They referred me to their superiors down the road about 20-30 minutes on another base, I have to make an appointment to see them later.

    If any of the lawyers here are OC friendly I wouldn't blame them for not speaking up, to say that the others were hostile about the idea would be an understatement. It was like being in an inquisition.

  7. #7
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    So I just got in contact with my local PD and County Sheriff.

    The LEO I talked to was actually very polite and made sure I knew that I would be stopped frequently by police because of people calling, and that if I was a naturally nervous or shaky person it might not be advisable because of that, but that it was perfectly fine to do it in my home town legally. He even went so far as to tell me where and how I needed to carry the weapon so as to make sure I didn't get in trouble when I did it.

    He did however ask me very politely to attempt to get my concealed before OCing and referred me to the County Sheriff. He personally invited me to OC as much as I wanted if it was denied.

    When I talked to the Sheriff he said $165, a marksmanship test, an application, and a background check. After that I would be good to go but I would need to wait about 6-8 weeks for my license to come through.

    Just in case anyone was wondering the specifics are here...

    Butte County CCW Requirements.
    $162.00
    Proof of residence
    ID
    Marksmanship Test/Course - Call 530-538-7391 for locations.
    This Application...
    http://buttecounty.net/SheriffCorone...r/PDF/CCW.ashx
    6-8 Week turn around.
    2 year validity.

  8. #8
    Activist Member golddigger14s's Avatar
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    Soldier

    I'm not a lawyer (14S Ft. Lewis), but I OC most of the time when I'm in civies and off post. I'm surprised by the ractions. As long as your not commiting a crime civilian or military wise they can't ruin your career. I understand that in CA you can OC as long as the gun is unloaded. Gun in holster on one side and mag in pouch other side. Get on you tube and search open carry. Good luck!

  9. #9
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    Good luck!

    And thank you for your service.

  10. #10
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    Thank you for your support.

    Not a lot of people do anymore.

  11. #11
    Regular Member 25sierraman's Avatar
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    You wouldn't believe the nasty looks i got in BWI (md) when i was coming home for Mid tour leave from Iraq. I almost felt like i was wrong........ Theres always that one person or that one old vet though that makes you feel like you're actually welcome home again.
    HOOAH?

  12. #12
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by WilliamRB View Post
    I would also appreciate any tips from people who OC already, I am honestly a little apprehensive about doing this (unlike everyone else here I *CAN* be tried twice for any offenses I commit, under military law and civilian) but I feel it is my responsibility to help protect my right to own and carry a firearm. Any pointers from current OCers would be welcome.
    I'd jump over to the California section, as you will find a lot more state-specific advice, there.

    With respect to your Constitutional rights, no, you cannot be tried twice for the same offense. It is a widespread misnomer that when you join the military you give up your rights. That is FALSE. If you commit a crime, it's a toss-up as to whether the local jurisdiction tries you or the JAG tries you. If you get a DUI on base, for example, it's likely to be an Article 15 with loss of pay and/or rank. If you get one off-base, it's likely to be a hefty, several thousand dollar fine and suspended sentence. If it looks like it's winding up to be both, it's time to talk to your Military Defense Counsel!

    Who, by the way, cannot represent you in non-military matters. For those you would have to hire an attorney.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  13. #13
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    The same act can comprise more than one offense in different jurisdictions. Each of those offenses can be tried in those different jurisdictions.

    On edit: http://abcnews.go.com/2020/3rd-trial...ry?id=10324918
    Last edited by eye95; 08-25-2010 at 11:00 PM.

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