ID requirements

Cite for spitting on the sidewalk, please. It's the OCDO way.

Lol

bigtoe416 said:

You can't spit on the sidewalk? As a frequent spitter on sidewalks I find this hard to believe. Am I a scofflaw?

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I wouldn't chance it! You know they sometimes make up the rules as they go. They could conceivably call it littering......

Gave them your name? "Cooperated?" Well I hope that doesn't come back to bite you in the arse.

Just because you walked away free today doesn't mean you won't be tried, convicted, and stripped of your rights down the road. (Search this forum and see what happened to Theseus.)

Find out if that charter high school is a place that (1) actually exists, and (2) meets the statutory definition. If so you may get a visit from your local police or a letter like Theseus got.

If you did inadvertently enter a school zone, please contact your attorney immediately, and equally importantly DO NOT post any more details here. Even though accidental entry into a school zone is exempted, Theseus is proof that won't stop the justice system from punishing you.

Look here for that charter school.

http://www.cde.ca.gov/ds/si/

PreK is not K so it does not count.

619P95 said:

One other thing Do not J-walk that is a motor Vehicle Infraction and would require you to provide ID. To my knowledge that is the Only thing that could require you to show ID

http://dmv.ca.gov/pubs/vctop/d11/vc21955.htm

V C Section 21955 Crossing Between Controlled Intersections
Crossing Between Controlled Intersections

21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

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Just because its an infraction in the CA Vehicle Code doesn't mean it requires you to have a Driver's License. The requirement is that you must identify yourself.

Yes the school is called The Charter School of San Diego and it is in the Mall. Shouldnt they have that posted at the mall not only for OCer's but for convicted pedi's and anyother banned person. Because one its just stupid to put a school in a mall and two no one expects there to be a school in a mall.

IYAOYAS said:

Ok I did have a recorder with me the only downfall is I bought a clip on mic from radio shack that apparently cant pick up the sound of human voices. Im taking tht back obviously so my recording is useless. I have done the research but in my experience from the USMC and FireFighting there is a big difference between learned knowledge and activity knowledge. Now that the activity knowledge has been achieved were better off.
It was the UTC mall I have still yet to verify the charter school tht is suppose to be there, I spent the day walking around Oceanside the cops didn't seem to notice the gun today.

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A smart man is one who learns from his own mistakes. A wise man is one who learns from the mistakes of others.

IYAOYAS said:

Yes the school is called The Charter School of San Diego and it is in the Mall. Shouldnt they have that posted at the mall not only for OCer's but for convicted pedi's and anyother banned person. Because one its just stupid to put a school in a mall and two no one expects there to be a school in a mall.

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Expect anything...assume nothing.

Apparently there is a new charter school in the mall.

http://westfield.com/utc/offers/the_charter_school_of_san_diego_open_house

and of course there are no signs alerting UOC or those restricted because of sex crimes.

Actually, the charter school's been there for at least the past year. I remember finding it when I was doing a search for schools around UTC Mall last year. There's also the high school down the street on Genesee, but according to Google Maps, it's about 1500' from the edge of the mall's parking lot on Nobel. Also, given that it's a Westfield Shopping Center, you don't want to open carry there anyways, because Westfield really doesn't like open carry, and you may very well find yourself permanently banned by the mall's management. (After their security calling the cops on you.) That's what happened to me and several other open carriers at the Parkway Plaza Mall a while back. And no, here wasn't a school there. We just violated their "no weapons policy", even though there were no posted signs prohibiting firearms. Heck, even my GF got banned, and she wasn't even open carrying. (There is a thread posted here about that incident, btw.)
I should mention they're really not under any obligation to post signs about the school being there for the benefit off open carriers anyways, since they don't permit open carry. But yeah, as far as registered sex offenders go, they should have something posted.
I should also mention that Mission Valley Mall also has a charter school now as well, located across from the food court.

You are risking a ten year firearms prohibition and $$$$$ and your military job. Please apply for a license. Even a denial can provide protection: http://www.calguns.net/calgunforum/showthread.php?t=366342

Mike said:

no, they are wrong, no id needed to open carry in California - don;t carry any next time.

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http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=12001-13000&file=12950-12954

12951b CVC is the only Ca. ID statute that I'm aware of at this time. I'm not sure if it could be applied to a cyclist. There may be a F&G one too.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=40001-41000&file=40300-40313

Also read 40302a and 40307b. CVC and

http://en.m.wikipedia.org/wiki/Stop_and_Identify_statutes?wasRedirected=true

Not very likely that there will be a 626.9 case from a charter school in a shopping mall of all places. The law requires that the offender "knows, or reasonably should know" that there is a school in the area. I don't think you could successfully argue that a person should reasonably know that there is a school located in a mall. The cops could have arrested him on the spot, and to their credit they didn't, so that is most likely the end of that. Plus I don't think the state is quite ready to test the constitutionality of 626.9 just yet. Not post-Heller and McDonald, and not before the imminent Peruta. But anything could happen.

IYAOYAS said:

Ok I did have a recorder with me the only downfall is I bought a clip on mic from radio shack that apparently cant pick up the sound of human voices. Im taking tht back obviously so my recording is useless. I have done the research but in my experience from the USMC and FireFighting there is a big difference between learned knowledge and activity knowledge. Now that the activity knowledge has been achieved were better off.
It was the UTC mall I have still yet to verify the charter school tht is suppose to be there, I spent the day walking around Oceanside the cops didn't seem to notice the gun today.

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You always need to get the "learned knowledge" first and then put it into action to achieve the "activity knowledge".

The major problem with getting "activity knowledge" first is that it can come back and bite you in the @$$ with devestating life changing consequences.

The officer has your name, address, etc. from your ID.
The officer apparently knows that there is a Charter High School in the Mall.
The officer "MAY" go to google earth, or some other resource for measuring the distance and figure out that you were actually 1,974 feet from the school "property" line.
You may then later receive a summons in the mail informing you to report to X location where you can be charged with a FELONY violation of 626.9.

Look up the Theseus incident for more detailed information on the consequences of even "unknowingly" Open Carrying in a school zone.

wewd said:

Not very likely that there will be a 626.9 case from a charter school in a shopping mall of all places. The law requires that the offender "knows, or reasonably should know" that there is a school in the area. I don't think you could successfully argue that a person should reasonably know that there is a school located in a mall. The cops could have arrested him on the spot, and to their credit they didn't, so that is most likely the end of that. Plus I don't think the state is quite ready to test the constitutionality of 626.9 just yet. Not post-Heller and McDonald, and not before the imminent Peruta. But anything could happen.

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Tell that to Theseus.

He did not know there was a school located within 1,000 feet of the laundry he was at. The judge would not even allow that particular part of 626.9 to be discussed in the trial.

Decoligny said:

Tell that to Theseus.

He did not know there was a school located within 1,000 feet of the laundry he was at. The judge would not even allow that particular part of 626.9 to be discussed in the trial.

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The prosecutor convinced the jury that he should have reasonably known that the school was there, due to the length of time he lived in the area and that he must have driven by it at least once on his way from his house to the laundromat and other places. I believe they even had maps drawn up with routes from his home to the laundromat going by or near the school. That was the primary reason he was convicted. The law says very plainly what the prosecution must prove, and they successfully did that.

wewd said:

The prosecutor convinced the jury that he should have reasonably known that the school was there, due to the length of time he lived in the area and that he must have driven by it at least once on his way from his house to the laundromat and other places. I believe they even had maps drawn up with routes from his home to the laundromat going by or near the school. That was the primary reason he was convicted. The law says very plainly what the prosecution must prove, and they successfully did that.

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Of course, even if the prosecution proved that Theseus should have known that the school existed, it never proved that the private property exception of 626.9 actually means public space. Or did they? I wasn't there...I'm just sort of assuming that proving that is impossible.

IYAOYAS said:

They had a pre-k school and a charter high school according to them on the mall property. I didn't have ID on me plus this was my first time getting stopped so I played along with them and gave my name and what not they were pretty chill about the whole thing so we left and went to another mall and no one even seemed to notice the gun. I will keep the quoting of the code in mind for the next interaction which at the rate I carry should be soon.

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FYL if these cops decide to pull a Theseus on you.

bigtoe416 said:

You can't spit on the sidewalk? As a frequent spitter on sidewalks I find this hard to believe. Am I a scofflaw?

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Probably. The next time I see you, I will be sure to let you try out my royal handcuffs. !