The Alameda County District Attorney's Office claims that a person who refuses to identify may be arrested for obstruction, citing Hibel- however, there is no stop and identify statute in California.
The DA's office also mistakenly applies "Terry" stop conditions upon open carry situations where they most often do not apply. Mere possession of a firearm is not reasonable suspicion that a crime is being or about to be commited-- Police must be investigating a crime in order to invoke "Terry".
The introduction of PC833.5 changes NOTHING if the officer cannot articulate an offense for which they can justify a detention.
I believe this could be their strategy to unlawfully detain open carriers and seize weapons for disposal as a 'nuisance'. Fortunately, we havent seen any action taken to deprive someone of their property using this PC.For purposes of this section "reasonable cause to detain" requires
that the circumstances known or apparent to the officer must include
specific and articulable facts causing him or her to suspect that
some offense relating to firearms or deadly weapons has taken place
or is occurring or is about to occur and that the person he or she
intends to detain is involved in that offense. The circumstances must
be such as would cause any reasonable peace officer in like
position, drawing when appropriate on his or her training and
experience, to suspect the same offense and the same involvement by
the person in question.
The only authority the police have to detain an open carrier is 12031(e)- and only to inspect for loaded condition.
The DA also makes a mistake with searching serial numbers. While they can look if it is plain view to ensure it was not obliterated, they have no cause to run the S/N for wants unless they, once again, are able to articulate a crime, particularly a report of the firearm being stolen.