Results 1 to 19 of 19

Thread: Californians waste Police Dept's time!

  1. #1
    Regular Member
    Join Date
    Nov 2010
    Location
    Escondido, CA
    Posts
    50

    Californians waste Police Dept's time!

    Took my gun on it's daily walk today. I stopped by a dentist office to ask a few questions about dental insurance and what not. After I left I headed back home, about 15 mins later the MWAG call came out over the scanner as I ralized it was me and then who called it in I couldn't help but start laughing at the fact that they decided to call the PD 15 mins after I left. However I see it as a huge waste of the PD's time and our tax dollars I think that tomorrow I will go back to the dentist office without my gun and give them a flyer and explain the laws to them.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson

  2. #2
    Regular Member
    Join Date
    Nov 2010
    Location
    Goshen, Ohio, United States
    Posts
    69
    Without your gun? Why risk it? take it anyways, why go anywhere unarmed? What better example to do then to take your firearm as proof it is law, just tell them that you heard the 911 call or whatever it was and that it is complelty leagal.
    why do school shootings happen.... for the same reason they never happen at a shooting range.

  3. #3
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979
    Quote Originally Posted by IYAOYAS View Post
    Took my gun on it's daily walk today. I stopped by a dentist office to ask a few questions about dental insurance and what not. After I left I headed back home, about 15 mins later the MWAG call came out over the scanner as I ralized it was me and then who called it in I couldn't help but start laughing at the fact that they decided to call the PD 15 mins after I left. However I see it as a huge waste of the PD's time and our tax dollars I think that tomorrow I will go back to the dentist office without my gun and give them a flyer and explain the laws to them.
    Just an FYI - carrying a scanner could make for a hard to defend misdemeanor...

    Read the bolded text as a single sentence.

    636.5. Any person not authorized by the sender, who intercepts any
    public safety radio service communication, by use of a scanner
    or any
    other means, for the purpose of using that communication to assist
    in the commission of a criminal offense or to avoid or escape arrest,
    trial, conviction, or punishment
    or who divulges to any person he or
    she knows to be a suspect in the commission of any criminal offense,
    the existence, contents, substance, purport, effect or meaning of
    that communication concerning the offense with the intent that the
    suspect may avoid or escape from arrest, trial, conviction, or
    punishment is guilty of a misdemeanor.
    Nothing in this section shall preclude prosecution of any person
    under Section 31 or 32.
    As used in this section, "public safety radio service
    communication" means a communication authorized by the Federal
    Communications Commission to be transmitted by a station in the
    public safety radio service.
    Last edited by mjones; 01-24-2011 at 08:55 PM.

  4. #4
    Regular Member
    Join Date
    Nov 2010
    Location
    Escondido, CA
    Posts
    50

    Wink

    That is news to me. But beings that I'm not comiting a crime nor am I evading the police thru the use if the scanner. Actually last Monday I heard the call come out and walked back towards the police as to not let them waste their time looking for me the only differnce this time is that I was all ready over a mile away from the area that the police were looking for me.

    Quote Originally Posted by mjones View Post
    Just an FYI - carrying a scanner could make for a hard to defend misdemeanor...

    Read the bolded text as a single sentence.

    636.5. Any person not authorized by the sender, who intercepts any
    public safety radio service communication, by use of a scanner
    or any
    other means, for the purpose of using that communication to assist
    in the commission of a criminal offense or to avoid or escape arrest,
    trial, conviction, or punishment
    or who divulges to any person he or
    she knows to be a suspect in the commission of any criminal offense,
    the existence, contents, substance, purport, effect or meaning of
    that communication concerning the offense with the intent that the
    suspect may avoid or escape from arrest, trial, conviction, or
    punishment is guilty of a misdemeanor.
    Nothing in this section shall preclude prosecution of any person
    under Section 31 or 32.
    As used in this section, "public safety radio service
    communication" means a communication authorized by the Federal
    Communications Commission to be transmitted by a station in the
    public safety radio service.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson

  5. #5
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979
    Quote Originally Posted by IYAOYAS View Post
    That is news to me. But beings that I'm not comiting a crime nor am I evading the police thru the use if the scanner. Actually last Monday I heard the call come out and walked back towards the police as to not let them waste their time looking for me the only differnce this time is that I was all ready over a mile away from the area that the police were looking for me.
    Let me put it another way; let's call it an unnecessary danger. If you happen to get arrested for any reason whatsoever - and open carry increases that danger - you will absolutely get this charge tacked on.

    Oddly enough, I've seen this charge tacked on to hundreds of crimes and it is nearly impossible to defend against. In general terms, the only people who have a chance in hell of beating the charge are licensed Amateur Radio operators who are actively involved in public service.

    If you are ever involved in any form of group OC; do not under any circumstances relate to others what you hear as this statute would also make you guilty by association for whatever decision they make or crime they might be committing.

    Be safe out there!

  6. #6
    Regular Member
    Join Date
    Jul 2008
    Location
    Escondido, California, USA
    Posts
    1,140
    He didn't do anything wrong by listening to the scanner. I have done that myself (albeit indirectly)

  7. #7
    Regular Member Gundude's Avatar
    Join Date
    Sep 2009
    Location
    Sandy Eggo County
    Posts
    1,691
    Using anything to commit a crime is a crime.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  8. #8
    Regular Member XDSTEEL's Avatar
    Join Date
    Mar 2010
    Location
    Las Cruces, New Mexico
    Posts
    216
    Quote Originally Posted by mjones View Post
    Let me put it another way; let's call it an unnecessary danger. If you happen to get arrested for any reason whatsoever - and open carry increases that danger - you will absolutely get this charge tacked on.

    ... In general terms, the only people who have a chance in hell of beating the charge are licensed Amateur Radio operators who are actively involved in public service.

    If you are ever involved in any form of group OC; do not under any circumstances relate to others what you hear as this statute would also make you guilty by association for whatever decision they make or crime they might be committing.

    Be safe out there!
    Fine get the License. its like$15 and it lasts for like ten years. I am actually getting mine here pretty soon. i would really like to see the DA who would charge the OP. Because first there has to be a crime. I am not saying you are wrong but, please GMAB. I mean there are many Ham Radio operators out there and I am sure they listen to the police more times than this OP. I don't have the link but there is a video from NH and a guy had a scanner and they didn't charge him.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  9. #9
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748
    Quote Originally Posted by mjones View Post
    Let me put it another way; let's call it an unnecessary danger. If you happen to get arrested for any reason whatsoever - and open carry increases that danger - you will absolutely get this charge tacked on.
    Well said. If you have a scanner while open carrying, this is something to consider. If nothing else you can put the scanner away before the police show up.

  10. #10
    Regular Member XDSTEEL's Avatar
    Join Date
    Mar 2010
    Location
    Las Cruces, New Mexico
    Posts
    216

    Really?

    Quote Originally Posted by bigtoe416 View Post
    Well said. If you have a scanner while open carrying, this is something to consider. If nothing else you can put the scanner away before the police show up.
    You guys are just killing me. again let us use our heads. there is the criminal element that needs to be proved.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  11. #11
    McX
    Guest
    they should change the terminology to gun with a man call, because it's all about the gun right? forget the man.

  12. #12
    Regular Member
    Join Date
    Nov 2010
    Location
    Escondido, CA
    Posts
    50
    Went back the Dental Office today and gave them some info and set up an appointment aswell. On the way I was stopped by OPD here is the link
    http://forum.opencarry.org/forums/sh...a-bank-robbery!
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson

  13. #13
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979
    Holy crap people, read what I'm writing...I've never once said that he did anything wrong by listening to a scanner while carrying. All I'm doing is bringing all the facts to the table so that you can decide for yourselves.

    Forwarned is Forearmed
    Last edited by mjones; 01-25-2011 at 04:09 PM. Reason: typo fix

  14. #14
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979
    Quote Originally Posted by XDSTEEL View Post
    Fine get the License. its like$15 and it lasts for like ten years. I am actually getting mine here pretty soon.

    i would really like to see the DA who would charge the OP. Because first there has to be a crime. I am not saying you are wrong but, please GMAB. I mean there are many Ham Radio operators out there and I am sure they listen to the police more times than this OP.

    I don't have the link but there is a video from NH and a guy had a scanner and they didn't charge him.
    The license is free - the only costs involved are the Volunteer Exam Coordinator's fee which is anywhere from free to around 20 bucks (I forget what the legislated max is off the top of my head)

    DAs in CA charge for this with GREAT regularity. Any LEO that has spent any time at all busting drug dealers has used this statute, so its on their radar already. Sadly, the listener doesn't actually have to commit a crime; simply 'avoid arrest' or tell someone else and then they 'avoid arrest'

    I don't have a clue if there is a similar law in New Hampshire; this is the California sub forum.

  15. #15
    Regular Member XDSTEEL's Avatar
    Join Date
    Mar 2010
    Location
    Las Cruces, New Mexico
    Posts
    216
    Quote Originally Posted by mjones View Post
    The license is free - the only costs involved are the Volunteer Exam Coordinator's fee which is anywhere from free to around 20 bucks (I forget what the legislated max is off the top of my head).
    Cool didn't know that. Like I said just going to the class on the weekends and reading the book when i have a chance.


    Quote Originally Posted by mjones View Post
    DAs in CA charge for this with GREAT regularity. Any LEO that has spent any time at all busting drug dealers has used this statute, so its on their radar already. Sadly, the listener doesn't actually have to commit a crime; simply 'avoid arrest' or tell someone else and then they 'avoid arrest'.
    I don'think the OP is a drug dealer. Seems like a pretty cool guy LOL. To clarify i ment just Joe Citizen walking down the sidewalk (UOC ofcourse) listening to the police band, he hears MWAG (him) and just continues to walk ( not evading) ,police stops him ,does the e check , and continues on. Now you used the example of a drug dealer. in that respect I totally agree with you.

    Quote Originally Posted by mjones View Post
    I don't have a clue if there is a similar law in New Hampshire; this is the California sub forum.
    Sorry just had that example on the top of my head. sorry for the bad example.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  16. #16
    McX
    Guest
    one adam twelve, one adam twelve, see the man lawfully carrying his firearm in accordance with the laws of his state...

  17. #17
    Regular Member
    Join Date
    Nov 2010
    Location
    Escondido, CA
    Posts
    50
    Quote Originally Posted by McX View Post
    one adam twelve, one adam twelve, see the man lawfully carrying his firearm in accordance with the laws of his state...
    "Yes, but I dont know the law so lets check and see what we can find." lol
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson

  18. #18
    McX
    Guest
    Quote Originally Posted by IYAOYAS View Post
    "Yes, but I dont know the law so lets check and see what we can find." lol
    something to do with totality of circumstances i'd bet.

  19. #19
    Regular Member coolusername2007's Avatar
    Join Date
    Jun 2009
    Location
    Temecula, California, USA
    Posts
    1,660
    Quote Originally Posted by mjones View Post
    Just an FYI - carrying a scanner could make for a hard to defend misdemeanor...

    Read the bolded text as a single sentence.

    636.5. Any person not authorized by the sender, who intercepts any
    public safety radio service communication, by use of a scanner or any
    other means, for the purpose of using that communication to assist
    in the commission of a criminal offense or to avoid or escape arrest,
    trial, conviction, or punishment or who divulges to any person he or
    she knows to be a suspect in the commission of any criminal offense,
    the existence, contents, substance, purport, effect or meaning of
    that communication concerning the offense with the intent that the
    suspect may avoid or escape from arrest, trial, conviction, or
    punishment is guilty of a misdemeanor.
    Nothing in this section shall preclude prosecution of any person
    under Section 31 or 32.
    As used in this section, "public safety radio service
    communication" means a communication authorized by the Federal
    Communications Commission to be transmitted by a station in the
    public safety radio service.

    Would that be a prohibitive misdemeanor? Would he lose his rights to keep and bare a scanner for 10 years?

    Sorry man, just couldn't resist to have a little fun with this one. I know you were just trying to help, and you're right being informed is best.
    Last edited by coolusername2007; 01-28-2011 at 03:34 AM.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •