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Californians waste Police Dept's time!

IYAOYAS

Regular Member
Joined
Nov 16, 2010
Messages
50
Location
Escondido, CA
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.
 

greatsimon

Regular Member
Joined
Nov 5, 2010
Messages
69
Location
Goshen, Ohio, United States
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.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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.
 
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IYAOYAS

Regular Member
Joined
Nov 16, 2010
Messages
50
Location
Escondido, CA
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.

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.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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!
 

XDSTEEL

Regular Member
Joined
Mar 14, 2010
Messages
216
Location
North Dakota
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.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
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.
 

XDSTEEL

Regular Member
Joined
Mar 14, 2010
Messages
216
Location
North Dakota
Really?

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.
 
M

McX

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

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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
 
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mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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.
 

XDSTEEL

Regular Member
Joined
Mar 14, 2010
Messages
216
Location
North Dakota
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.


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.

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.
 
M

McX

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

coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,659
Location
Temecula, California, USA
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? :cool:

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.
 
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