imported post
1) If he saw someone openly carrying a firearm, he would be completely justified in "doing them" and without question.
This has come up before. When I first started posting my experiences in 2006, I encountered a "CCW" instructor who was telling his students that whilecarrying an exposed firearm, Iwas a "good shoot". I am not aware of any statutory justification for shooting someone carrying a firearm in a holster. While it is in a holster, the firearm presents no immediate threat. I would think that unless the shooter tampered with the evidence or circumstances, it would be difficult to defend such actions without some immediate threat.
2) That "gang bangers" open carry and it makes it confusing for police officers to know who is the threat and who isn't. Oh yeah, gang bangers open carry all the time.
Gang bangers do not open carry. If they show it, it is to send a message ALA PC417. Even if they were aware of the legalities of carrying a firearm in this manner, it is doubtful that they would- The reason is simple- criminal gang members do not wish to attract attention to their criminal enterprises. Street thugs do not heed the law and carry their firearms LOADED and CONCEALED without a holster. Determining who is and isn't a threat IS a peace officers job- and frankly if they cannot make a distinction between a person peaceably carrying a holstered firearm while browsing the the stacks at a bookstore and someone brandishing a firearm in an agitated state is not fit for duty.
3) That openly carrying a firearm is ground for a Terry stop.
Themere possessionof a firearm is generallynot a crime.If the possession of a firearm is not prohibited, then police would have to articulate some other reasonable suspicion that a crime was commited or about to be commit. I'm sure many police would cite 12031 as part of their suspicion, but unless they hadSEEN the weapon being loaded in an incorporated or discharge prohibited area, or someone had REPORTED seeing the weapon being loaded, they haven't met the threshold of suspicion. Since the weapon is already visible, there is no basis for a search for weapons- thus anypoliceencounter with someone carrying an exposed firearm is never a "Terry" stop.
4) He can search someone based on a phone call.
He can order a pizza with a phone call, but unless the subject of the phone call was the report of a crime in progress or a crime having been commit, he has little cause to conduct a search. I think there is some information missing here.
5) When I challenged with case law about his erroneous statements, he stated that he "Didn't care about the law" (Oh yes, he went there)
Yes, he doesn't care about what the judiciary has said- yet. If he doesn't care about the law, then he believes he is the law and therefore not a prudent choice for top law enforcement official.
6) People who OC are elevating the level of police confrontation.
Responding police are escalating the level of confrontation. Before officers arrived in each of the police encounters that have been documented, an armed person was minding their own business conducting themselves in a lawful manner. In every instance the responding officers could have begun with a casual or voluntary contact- in some cases, they didn't. Instead they chose to escalate the contact by drawing their weapons or moving to disarm the citizen and place them in handcuffs.
7) People who OC are diverting or drawing LEOs from "real crime"
Police and DA's are responsible for what they spend their time on. If current department policy is to contact every person who has been reported as MWAG and this is taking resources away from traffic patrol, DUI, drug sweeps, or other patrol duties it is the DA/Sheriff/Police Chief's responsibility to reallocatetheir resources by adjusting their policies. (The Contra Costa DA announced they weren't going to prosecute misdemeanors- so they could certainly elect not to respond to an open carry activist.) Police make these choices all the time and it is within their power to prioritize a call through dispatch by asking simple questions. "What is the armed person doing?- Is the gun in their hand?- Are they displaying the gun in rude, angry, or threatening manner? Has the gun been discharged?"
8) Open carry is just going to cause more crime because the Mexican gangs are just going to start using automatic weapons to clear houses and kidnap people (this one is priceless, more on this in a minute)
Yeah. That's how it works in Virginia, Vermont, New Hampshire, Pennsylvania, Ohio, Utah, Arizona, Alaska, Washington and many other states where open carry is regularly practiced. Criminal gangs start using automatic weapons and kidnapping open carriers. Blood running in the streets. Running shoot outs. Cue dramatic music.
9) That if we really want to make a difference that we should get behind a politician that knows the score so that we can get our CCW permits.
A politician like whom? Like himself? If he is running for Sheriff, he failed to take this opportunity to share with the group exactly what his issuance policy was going to be once elected. It would have been beneficial to nail him down on what criterion he would use-- is he a 'no issue', 'may issue' or 'shall issue' candidate? My guess is that he would be like most bureaucratic tyrants, issuing only to applicants supportive of his power base. There are no other politicians in a better position to change the score in California in regards to concealed carry licensing.