Just because the Cal statute strangely provides police the power to inspect gun load conditions in incorporated areas does not mean that the police must or even should do this.
I think the statutory power of police to inspect guns like this should be challenged as a 4th amendment violation in federal court - makes no sense under our constitutinal traditions, abset reasonable suspicion, See Delaware v. Prouse (no stopiing drivers to check for driver's licenses abset reasonable suspicion of crime afoot) to allow p[olice the power to detain people like this.
The best plaintiff might be somebody who is serially being checked by police even though the police have no RAS of any crime and the police already know the citizen by name and sight and know that they are not a prohibited person or have any history of carrying loaded - hmmm, who might that be??
After having watched the Video I became increasingly alarmed that the Officers approached Him in that manner.
The Officers approached Him with their SideArms at LowReady..., which is an AGGRESIVE STANCE!
In this instance, LEO with guns drawn are putting the OCer in immediate, grave danger. After all, we also need to go into these encounters with the same level of personal safety.PC 12031 (j)
(j) (1) Nothing in this section is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or herself or of another is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property. As used in this subdivision, "immediate" means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance.
I wonder if it would be appropriate to request that the officer holster his firearm in a situation such as this?
Something along the lines of: "Officer, would you please holster your sidearm there.....you are performing an e-check, not serving a felony warrant."
I guess we should approach e-checks in the "low and ready" also.
In this instance, LEO with guns drawn are putting the OCer in immediate, grave danger. After all, we also need to go into these encounters with the same level of personal safety.
It is most definitely a violation of one's 4A rights. That's why I call them e-VIOLATIONS, not e-checks. Here in the PRK the "right people" have stated they plan on challenging the law, but it's anyone's guess as to when this will occur. They initially stated a challenge was all but imminent prior to the McDonald ruling, but so far as I know they have yet to act. But I think its going to happen in about...wait for it...two weeks!
We are apparently not allowed to brandish a weapon, or aggressively posture ourselves in the same manner that Law Enfarcement is allowed to.
If a citizen walked up to a cop with sidearm drawn, and demand that they be allowed to remove the officers sidearm for inspection, you'd have an arrested/dead citizen.
Enforcement occurs under color of law, and it would seem the arbitrary reassessment of this individuals firearms load condition is nothing but harassment on behalf of the officers.
Since the officers seem okay w/ weapons drawn, the next time they want to do a (e) check, I don't see them having a problem with the citizen drawing their weapon to demonstrate it's unloaded. Maybe racking the slide showing an empty chamber or simply by pulling the trigger.