View Poll Results: Would you convict someone on this charge?

Voters
7. You may not vote on this poll
  • Yes

    2 28.57%
  • No

    5 71.43%
Page 1 of 2 12 LastLast
Results 1 to 25 of 26

Thread: I was arrested

  1. #1
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    101

    Angry I was arrested

    Last edited by eraseallhope; 09-25-2011 at 06:18 PM. Reason: video

  2. #2
    Founder's Club Member thebigsd's Avatar
    Join Date
    Mar 2010
    Location
    Quarryville, PA
    Posts
    3,543
    Good that your case was dismissed. Quick question, why was the gun and holster in the trash can? Can you give us a quick run-down of what happened or link a previous thread. I had a little trouble reading the statements on my phone and my computer.
    "When seconds count between living or dying, the police are only minutes away."

  3. #3
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231
    Quote Originally Posted by thebigsd View Post
    Good that your case was dismissed. Quick question, why was the gun and holster in the trash can? Can you give us a quick run-down of what happened or link a previous thread. I had a little trouble reading the statements on my phone and my computer.
    Bolded for emphasis. Ditching your gun and holster in the dumpster lends to the impression that there was some attempt to conceal guilt.

    As for the video with the police reports- one cannot make heads or tails of what is going on unless you pause it to read the documents. I cant say that this is either helpful or relevant to the topic of open carry.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  4. #4
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    23
    Quote Originally Posted by eraseallhope View Post
    Do you have a valid CCW? If not why were you carrying a loaded gun in a holster (If in reality you were)? Loaded open carry is not legal as is loaded concealed carry without a CCW. It's a real shame in CA, but that's the way it is.

    I too could not read the reports as they scrolled too fast. Bob.
    Last edited by BobF; 09-25-2011 at 08:47 PM.

  5. #5
    Founder's Club Member thebigsd's Avatar
    Join Date
    Mar 2010
    Location
    Quarryville, PA
    Posts
    3,543
    Yep, post a video with no explanation, that's the way to do it. Something is really fishy here. I will change my opinion if the OP decides to come back and enlighten us.
    "When seconds count between living or dying, the police are only minutes away."

  6. #6
    Campaign Veteran Schlitz's Avatar
    Join Date
    Dec 2009
    Location
    Florida
    Posts
    1,567
    Yea, throwing your gun in the trash looks really bad... if you were hiding from attackers and had the time i'd have it in the holster on the ground and a few steps away from me (when the police arrived). Throwing it in the trash? Wtf?
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  7. #7
    Regular Member
    Join Date
    Sep 2011
    Location
    Oceanside, California, United States
    Posts
    18
    Yes, why was the gun and holster in the trash can?

  8. #8
    Regular Member Firemark's Avatar
    Join Date
    Oct 2010
    Location
    San Diego
    Posts
    445
    It is hard to read the youtube video documents, but it appears you were charged with 12050 concealed weapons charge, however since it was never found on you or concealed and if you went to court you explained what happend the case was probably dismissed for lack of witnesses/evidence. Please provide more details.

    Of course not knowing what happend in the bar or why your were chased from it. The fact that alcohol was involved and most likely you were partaking the libation as well, sounds like lots of bad decisions occured and you eventually went for your LUCC weapon and loaded it for fear for your life. Please provide us with more details.

    Throwing it in the dumpster, I dont get why you did that. but hindsight is 20/20, and arm chair quarterbacking now is pointless cause you will paint your story in the best light to make you look good, even if you made poor decisions, or the reality of what happend was different. Please provide more details.

    But the good point is we have a discussion about what we need to think about if this happens to any of us.

    I have not had to draw and load to protect myself for fear of death from a confrontation, but if I have to my plan is to do the following.
    1) As soon as it is safe enough, immediately call 911 and state "I am open carrying, and have been confronted by a threat and I feared for my life and loaded my weapon for self defense. (if I felt it safe enough I would holster or low carry the loaded weapon)
    2) I would give a description of the perp as well as myself and my location and will wait in a particular spot for LE to arrive. Or move to a safe location.
    3) I would not hang up, I would keep the 911 operator on the line to advise if anything changes, also to record whats going on when LE arrives
    4) I would advise the operator I will comply with all orders and requests from arriving LE units. And be prepared to be proned out and cuffed.
    5) I would not give any more info about what or how anything happend, I would just keep repeating I feared for my life and drew my weapon for self defense in accordance with what is permissable by the law.

    There is a very good chance all this info will be transmitted over the radio to responding units so they have information to make decisions once at scene.

    I would expect to be charged with a violation, I would expect to have to settle it either in discovery with the DA, or the judge. (I would hope they would drop the charges before that when they read the PC regarding when one can load their unloaded weapon). Also the 911 call would be recorded and its public record so you can get a copy of it afterwards.

    This is another good reason why applying for a LTC and being denied is important it lends credibility to why one must carry LUCC or Open Carry.
    Also it makes me realize that I need to keep inside my locked container a recording device ready to go in case I have to deal with this situation.
    Last edited by Firemark; 09-25-2011 at 11:02 PM.
    New to OPEN CARRY? Click here first

    "Gun owners in California in 2011 are like black people in the south in 1955. If you don't understand that then your concepts of fighting for gun rights is just tilting at windmills." Gene Hoffman.

    "Why do you need to carry a gun?" ...Because it not a Bill of Needs, its a Bill of Rights!!

  9. #9
    Regular Member
    Join Date
    Nov 2010
    Location
    West Texas
    Posts
    596
    The only way I would convict you is IF YOU COMMITTED A CRIME AGAINST SOMEONE!
    The gun being in the dumpster simply tells me that you were avoiding arrest due to the sorry good for nothin California laws that restrict you right to carry for legal self defense.
    Next time, find a bare ground spot and cover you stuff in a hole. " It works, I promise".

    If you didnt commit a crime against anyone, then I see no reason why everyone is so concerned about the weapon being in the dumpster. Yall know why he put it in there!!! Geez!

    IS there anyone in here who has a problem with avoiding arrest for something like carrying a gun for self defense? I DONT!!!

    Now if you were in the Bar drinking and carrying, then yea I have a problem with that. If you were in the bar Drinking, carrying, and runnig off at the mouth, then you should have a boot in the face.
    I have no problem with people in bars carrying guns for defense, but they better not be drinking or acting like a idiot. Guns are for responsible people.
    Last edited by MR Redenck; 09-25-2011 at 11:03 PM.

  10. #10
    Founder's Club Member thebigsd's Avatar
    Join Date
    Mar 2010
    Location
    Quarryville, PA
    Posts
    3,543
    Mr. Redneck,

    That may be why he did it. We don't know because he has yet to respond. No matter how you dice it, if he ditched the gun, he was wrong. I unsterstand why he may have done it but I disagree. There are other negative consequences that could arise from hiding a gun in a dumpster. (i.e. someone finds it after the cops left with the OP)

    Either way, we are all speculating because we have no details.
    Last edited by thebigsd; 09-26-2011 at 12:30 AM.
    "When seconds count between living or dying, the police are only minutes away."

  11. #11
    Regular Member Large Caliber Kick's Avatar
    Join Date
    May 2010
    Location
    Mooresville, North Carolina, United States
    Posts
    224
    I don't know enough to give my opinion on a conviction, but yes, I would have made the arrest had I been an officer arriving on that scene due to the fact that your weapon was in the dumpster.

  12. #12
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    Location
    north mason county, Washington, USA
    Posts
    4,381

    well,,,

    If!! the pistol would have had 8 in the mag and 1 in the chamber,
    I would believe that you had armed up and racked, in fear for your life, But
    your gun was full up, indicating to me to it had been fully loaded the whole time.
    I would not however vote to convict you of 12025, because nobody could prove
    that you had not reloaded that 9th round into your mag before the cops found the gun!

    I also think you sound a little high strung.
    I also wonder why their are no statements from your Friend,
    the friend you were drinking with,
    the friend whose car you got your gun from out of the trunk,
    the friend you were in the bar with when you got threatened enough to go get your gun.
    And if the guys in the bar are the reason you went out to get your gun, then
    why did you get all concerned about 2 strangers that just happened to drive into the parking lot at that time?
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  13. #13
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    Location
    north mason county, Washington, USA
    Posts
    4,381

    And!!!!

    Did the cops KEEP your gun?
    Have you got your gun back?

    please, dont misunderstand me,,, im glad that charges were dropped!!
    I was only saying that, under the circumstances, the charges seemed to be warranted.

    Your story ASKS more questions than it answers...

    Where is your FRIEND?
    Last edited by 1245A Defender; 09-26-2011 at 10:24 AM. Reason: cant spell your
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  14. #14
    Regular Member
    Join Date
    Nov 2010
    Location
    Los Angeles
    Posts
    62
    How did your weapon and holster get into the trash bin if you were carrying it legally Also, since you were confronted by bad guys, why did you not go back inside the bar (unless it was closing time) and wait for deputies to arrive If you were not able to go back into the bar and had to flee for your safety, why not just re-holster or place your weapon on the ground when deputies arrived

    Dive bars and guns do not mix....

  15. #15
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

  16. #16
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622
    Quote Originally Posted by mjones View Post
    Spins a slightly different scenario, but still no confirmed cites or links therefore not enough information to make an informed judgement.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  17. #17
    Campaign Veteran since9's Avatar
    Join Date
    Jan 2010
    Location
    Colorado Springs, Colorado, USA
    Posts
    6,787
    Hmm...
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  18. #18
    Regular Member
    Join Date
    Nov 2010
    Location
    West Texas
    Posts
    596
    Quote Originally Posted by Grapeshot View Post
    Spins a slightly different scenario, but still no confirmed cites or links therefore not enough information to make an informed judgement.
    Really?
    The most important detail I look for his charges against a person with a gun. Charges that actually involve committing a crime against another person.
    Exercising your Constitutional Rights and avoiding arrest against infringing laws just doesnt offend me at all.
    Had he been charged with a criminal act against someone or even convicted, then I say Bad Guy With a Gun.
    Nothing in this story shows criminal activity to me.
    For me to jury a conviction I have to go off the evidence givin.

  19. #19
    Founder's Club Member thebigsd's Avatar
    Join Date
    Mar 2010
    Location
    Quarryville, PA
    Posts
    3,543
    Quote Originally Posted by MR Redenck View Post
    SNIP Nothing in this story shows criminal activity to me.
    Really? A gun ditched in a dumpster is a crime no matter how you look at it.
    "When seconds count between living or dying, the police are only minutes away."

  20. #20
    Regular Member
    Join Date
    Jan 2010
    Location
    Urban Skeet City, Alabama
    Posts
    897
    1) Why were six men and two women chasing after you? What did you say or do to them? What "Fighting words" did you use?
    2) Why did you ditch the gun in the dumpster?

    Real life isn't like TV. Just because you live in California doesn't mean you have to live life like you're in a movie.
    It takes a village to raise an idiot.

  21. #21
    Regular Member
    Join Date
    Mar 2010
    Location
    Seattle, Washington, USA
    Posts
    923
    Quote Originally Posted by thebigsd View Post
    Really? A gun ditched in a dumpster is a crime no matter how you look at it.

    Is that a crime in your State? Apparently California has no law against throwing a gun in a dumpster, if it did then he probably would have gotten charged with it.

    Is it the best idea? Perhaps not, but I don't think it is illegal.
    A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801

  22. #22
    Campaign Veteran since9's Avatar
    Join Date
    Jan 2010
    Location
    Colorado Springs, Colorado, USA
    Posts
    6,787
    Quote Originally Posted by thebigsd View Post
    Really? A gun ditched in a dumpster is a crime no matter how you look at it.
    Not in most states, particularly given the circumstances. "I panicked" is an entirely plausible excuse after having had to wield, much less use, a firearm.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  23. #23
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    Location
    north mason county, Washington, USA
    Posts
    4,381

    So,,,,

    Both of your different story lines,,, SUCK!!
    Beer bottles flying in the bar, but no witness statements.
    Drinking with four friends, but no witness statements.
    Five guys and a girl fighting with each other and with you and your friends, but no witness statements.
    Neither of your two accounts of this incident make coherent sense, and the two versions dont match each other.
    Two new guys drive up and hear you rack a gun, but your gun had a FULL mag and one in the pipe.
    They use a cell phone, you assume they are calling the cops for help, but you take that as a threat and run for your life.
    After you have run away to safety you see the cops coming down the street, so you turn in a ally and run away from the cops.
    You ditched your two emo girly friends and two girls in the bar with six crazy UFC type a$$ holes that wanted to wupp a$$.


    Based on the extreme level of B.S. in your stories, I vote to convict on the charge of 12025.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  24. #24
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622
    Indeed an extreme level of inconsistency and no valid documentation/cites + the OP has not chosen to come back and clarify. Under most circumstances, I would have ignored this one some time ago.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  25. #25
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    101
    im answering questions on a different thread... i dont usually use this forum since its kinda been infested by CalGunners who are so much cooler than me

    --Edited by Moderator--

    or more likely balled up and let the bad guys get the best of em just like they let our state government do.


    for reals tho, i'll answer your questions.. --Edited by Moderator--

Page 1 of 2 12 LastLast

Posting Permissions

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