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Casual Open Carry Event in San Pedro - September 16thm - 7:30pm - Granny's Donuts

leoffensive

Regular Member
Joined
Nov 25, 2009
Messages
309
Location
San Diego, California, USA
That's why we're keeping it low key inside the pro-2A business. Not walking around the streets of down town Pedro... For now.

haha it seems like forever ago since i was in cuffs there with a few other members of this forum. haha i wonder if i could get a hold of chewy to see if the LAPD is ready for round 2 of trample my rights and telling us to inform them that we will be in the area doing nothing illegal.

haha ill go if i can get a hold of chewy and he wants to cruise up.

hell maybe it would be a good chance to meet up with mike hunt again. havent seen him since the passadena meet.

my money situation will dictate if i can make it up there.
 

leoffensive

Regular Member
Joined
Nov 25, 2009
Messages
309
Location
San Diego, California, USA
haha it seems like forever ago since i was in cuffs there with a few other members of this forum. haha i wonder if i could get a hold of chewy to see if the LAPD is ready for round 2 of trample my rights and telling us to inform them that we will be in the area doing nothing illegal.

haha ill go if i can get a hold of chewy and he wants to cruise up.

hell maybe it would be a good chance to meet up with mike hunt again. havent seen him since the passadena meet.

my money situation will dictate if i can make it up there.

then again i might not due to it being in a school zone. haha
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
974
Location
SoCal, , USA
Private property such as the parking lot and business are exempt.

http://law.onecle.com/california/penal/626.9.html Exemption #1.

Lets not let over-interpretation of CA's bloated gun laws keep us from exercising our natural rights...

It wouldn't be the first time someone caught a guilty verdict while upon a private parking lot which is open to the public...Especially in LAPD territory.
 

hgreen

Regular Member
Joined
Jun 4, 2010
Messages
470
Location
Centreville, VA
It wouldn't be the first time someone caught a guilty verdict while upon a private parking lot which is open to the public...Especially in LAPD territory.

Can you give examples of people being convicted with a guilty verdict while open carrying on a private parking lot within 1000 feet of a school?
 

Chrisc411

Regular Member
Joined
Sep 8, 2009
Messages
137
Location
Lemon Grove, Ca.
I was thinking the same thing, about theseus, he was arrested tried and convicted of the same thing only difference being he was at a laundry mat. Im foreseeing the same out come i hope you guys reconsider changing locations.
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,366
Location
north mason county, Washington, USA

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
Private property is all but non-existent in California. DO NOT open carry in a parking lot in a school zone. You will all be Theseus 2.0! Even a business that is open to the public such as the donut shop may still be subject to the GFSZ unless you are the property owner. That theory is untested, but anything can happen in this state. You'd better cancel this meetup and find another venue, right now.
 

Sons of Liberty

Anti-Saldana Freedom Fighter
Joined
Mar 7, 2009
Messages
638
Location
Riverside, California, USA
The city prosecutor and the judge got it wrong in Theseus' case. Theseus wasn't even permitted to present the Private Property (not "public place") exclusion to the jury. A stacked deck and no defense gets you a "guilty" verdict. :mad:

I'm surprised that with all of the support that OC'ers get from CGF that they haven't already filed an appeal on Theseus' behalf. I'm sure they are working on more important things. :banghead:
 

hgreen

Regular Member
Joined
Jun 4, 2010
Messages
470
Location
Centreville, VA
After reading the Theseus thread it is clear there is a lot of missing information that is not available to us and the circumstances are not clearly laid out.

626.9 exemption for private property could not be any clearer and if his case did not even present that, then there is no conclusion that any case law invalidates or expands 626.9.

There is nothing there that says you must be the owner of the business to be exempt otherwise employees that have permission of the owner to carry would be liable and we've never heard of a case like that (to my knowledge).

The owner of this establishment is very supportive of open carry and 2A issues, plus others have open carried there before.

Of course its up to everyone to read and know the law for themselves and make their own choices: http://law.onecle.com/california/penal/626.9.html -
(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.

Update:
Only one corner of the parking lot is even in a school zone, the rest, including the business is outside the 1000'.
 
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wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
There have been many cases, too numerous to count, that have defined what is and is not private property within the meaning of certain laws. A public parking lot would not meet that definition in 626.9, which is why Theseus was convicted. He was not allowed to even present the private property defense, because prior cases had gutted that section of the law. It may be written on paper, but it's entirely worthless. Just forget about the whole concept of private property within the borders of California. About the only place left that has any semblance of "private" left would be the inside of your locked home or business, or within the fenced (and gated) portion of your yard or acreage. They'll get around to taking that away, too, eventually.
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,335
Location
California, USA
I'm surprised that with all of the support that OC'ers get from CGF that they haven't already filed an appeal on Theseus' behalf. I'm sure they are working on more important things. :banghead:

You know not of what you speak. CGF has never left one of us behind and has and is doing more then you may ever know. I hope someday you look back on your words with embarrassment and shame.

As for GFSZs don't try to find logic in the exemptions. You will find yourself in the clutches of the Ca. Criminal Court system.
 
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coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,660
Location
Temecula, California, USA
After reading the Theseus thread it is clear there is a lot of missing information that is not available to us and the circumstances are not clearly laid out.

There are many, many threads concerning Theseus' case, here and at CGN. Little info is missing. I would encourage you to read it all ASAP. If you're outside the VDZ (Victim Disarmament Zone) then fine, but do not, under any circumstances, UOC inside the VDZ unless you want to lose your gun rights for 10 years.

Theseus' lawyer was well prepared but was shot down by the judge on every major point. The result was Theseus no longer had any solid arguments to defend himself with and lost. The jury never got to hear the truth. After blowing all his dough on his trial, he does not have sufficient funds for an appeal.
 

RockerFor2A

Regular Member
Joined
Aug 27, 2009
Messages
145
Location
Lemon Grove, CA
Would love to attend one of these in the San Diego area. I'm new to this site, but very interested in OC. I am reading the information I can find out there. I will gladly start a new thread and apologize if this is the wrong place, but just wondering a couple of things:

1) I discovered via a map that my home is within 1000 ft. of a small private school in a church (it's about 600 ft away). In theory is OC or even LOC legal on my own property? My reading of the law seems to indicate that OC would be.

2) I know with the higher profile of OC thanks to the AB1934 fight more info is out and I've read some of the training memos for LE departments in the San Diego area. Has OC become any less risky in my area? Is it still advisable to carry a recorder and be prepared with money set aside for an attorney or are police better trained about this.

My apologies in advance if my questions are better directed somewhere else. I'm reading all I can, but like most of you-- being a law abiding citizen-- my encounters with law enforcement up to this point in my 49 years on this planet have been limited to traffic stops and not potentially adversarial situations. Yet I'm upset that some in law enforcement would like to intimidate us out of exercising rights that the founding fathers meant to be protected.
 
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