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What does the term e check mean in its fullest application?

K

kittyhawk63

Guest
If I open carry and have an e check by a PO, what does the term mean, and how far can a PO legally go if I am fully compliant to what is "required" by law? I ask about the e check after several hours of reading and not finding a direct answer. It may be answered; I just have not found it. Thank you for your help.

Edit: What does the "e" stand for? Sorry for not making this clear.
 
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Ca Patriot

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Feb 25, 2010
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Some police departments have taken it to mean they can conduct an anal cavity probe.

However, by reading the actual text of the code you can get a good idea of what the police can and cant do. Unfortunately even when the police have blatanly violated the code there has been no punishment of them. An example would be checking the serial number. The police are NOT ALLOWED to intentionally search for, check or record serial numbers during the inspections unless the numbers accidently come into plain view.

There are videos online of officers demanding a second inspection and then literally examining the handgun and saying out loud "where is the serial number, lets run it and get his ID".

In conclusion, the police can do whatever they want. If you have a large law firm behind you and some serious cash then maybe you can get a written apology.
 

JJ

Regular Member
Joined
Dec 9, 2009
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Location
East Contra Costa County, California, ,
Penal Code

If I open carry and have an e check by a PO, what does the term mean, and how far can a PO legally go if I am fully compliant to what is "required" by law? I ask about the e check after several hours of reading and not finding a direct answer. It may be answered; I just have not found it. Thank you for your help.

Edit: What does the "e" stand for? Sorry for not making this clear.


"e" refers to the sub section of the the penal code (12031) which gives officers the authority to check the status (loaded or not) of your weapon.
As stated by others, this does not give them authority to search for or record your serial #.

FYI: When e checked most prefer to have the officer remove AND replace the weapon into the holster to avoid any accusations of brandishing, and also for safety reasons. ( another officer arriving on scene may see it as a threat if he/she does not know an e check is in progress)

Also as stated above, some will try to overstep their authority and request ID. You should practice the phrases "Am I under arrest?" and "Am I free to go?"
 
K

kittyhawk63

Guest
Thank you "all" for your answers and the link.


Edit. The link does not work "for me." All I get is "WAIS document retrieval" on the TAB. There is a blank page. However, I can now find the 12031 (e). Thank you again.
 
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