• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Helpful case law for California gun owners?

C

Comp-tech

State Researcher
Joined
Apr 10, 2007
Messages
934
Location
, Alabama, USA
imported post

I can across this in another thread and thought it might be useful to you guys....hope it's relevant....


California Appellate Case, People vs. Clark 1996

The term "loaded" has a commonly understood meaning: "to put a load or charge in (a device or piece of equipment) a gun" or "to put a load on or in a carrier, device, or container; esp: to insert the cartridge into the chamber of a firearm." (Webster's New Collegiate Dict (1976) p. 674) Under the commonly understood meaning of the term "loaded", a firearm is "loaded" when a shell or cartridge has been placed into a position from which it can be fired;
 
MudCamper

MudCamper

Founder's Club Member
Joined
Sep 17, 2007
Messages
709
Location
Sebastopol, California, USA
imported post

Yes. People v Clark is the reason we can carry loaded mags on our person with an unloaded gun carried openly. However, it still doesn't prevent the occasional false arrest by LEO who don't know the law.
 
F

fresno-opencarry-now

Regular Member
Joined
Jul 1, 2008
Messages
76
Location
Clovis California, , USA
imported post

Arrest and charged or being detained. Most I think are just being detained until things get checked out. Those "holier than though" cops however will lock up and charge people assuming they know the law no matter what you say and those are cops I hope to NOT run into.

It costs money to fight this crap even when we are 100% right and as long as we follow the letter of the law then they can't do a damn thing.

I hope everyone who gets charged actually does get an actual lawyer and fight it correctly and make sure to raise a fuss with the local news as well. I love reading "local pd wrong again!" stories and hope many pop up in our favor more than in theirs....

All I worry about is those who think they know the law and areas they can carry and get themselves busted for something they CANNOT talk their way out of. Whether you commit a crime knowingly or not really does not matter in the end.

I am actually wanting to FIRST drum up "potential" legal funds before I carry anyways. I don't see the point in hoping an org or someone will fund MY problem and makes more sense for people to be able or MORE than able to foot their own bill even if they were in the right.



MudCamper wrote:
Yes. People v Clark is the reason we can carry loaded mags on our person with an unloaded gun carried openly. However, it still doesn't prevent the occasional false arrest by LEO who don't know the law.
Click to expand...
 
You must log in or register to reply here.
Top