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Some think LEO acted appropriately

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
Without even bothering to click the link - CA law allows for administrative checks to assure that the handgun is in fact unloaded (nothing in the chamber/cylinder) and if of bottom-feeder design no magazine inserted. The law also allows for calling in the serial number to verify compliance with CA handgun registration.

So, what's your beef, again?

If you don't like CA law, don't move there.

stay safe.

i too have a tendency to over look posts that are from different parts of the nation. with the thought that there was nothing i could do about it, and if that was the way the natives wanted it so be it. but, we should pay attention for a few reasons
1. we need to know how bad it could be and/or how bad it could get
2. for some reason we could be in that country. knowing what the attitude is will help, weather or not they follow the law
3. an injustice any where is an injustice to all
4 probably redundant. an evil allowed to exist, can and will spread and infect others
 
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paramedic

Regular Member
Joined
Feb 11, 2009
Messages
118
Location
Waycross, GA
" He had no authority to demand ID, but he did so and received it."

This is incorrect, watch the video again, the OCer, even told the officer, that he was not going to tell him his last name
 

Dutch Uncle

Campaign Veteran
Joined
May 11, 2006
Messages
1,715
Location
Virginia, USA
As the officer was attempting to rack the slide, didn't it seem to you that the muzzle was covering the traffic on the road and any people on the other side??? Perhaps he should be cited for careless handling of a firearm.
 

tcmech

Regular Member
Joined
Aug 2, 2009
Messages
368
Location
, ,
I believe it is common practice in CA to have an empty magazine inserted in the firearm when open carrying.

PC 12031(g), A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. **Case law now states the ammunition must be in a position from which is can be fired (People. v. Clark)

A loaded magazine can be carried on the belt.

** There is a common misconception that merely possessing both a firearm and ammunition in close proximity legally equates to loaded. This mistake stems from several PC sections that do not apply to PC 12031. 12001(j) only applies to 12023 (carry with intent to commit a felony). 12025(b)(6)(A) is a sentence enhancement which only applies if one violates 12025 (carrying concealed).

http://www.californiaopencarry.org/memos/SPD_oc_memo.pdf

I see no value for inserting an empty magazine to be ejected before I can load a full magazine in the gun, and rack the slide. I would almost think if I could find a holster which would allow me to carry the gun with the slide locked open that would be preferable. Less time spent in loading when I need the weapon. Less time spent with my rights being violated by the police of the PRK.
 
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