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Loaded gun law question?

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
What is the difference between the two? All I ever see talked about is 12031. Why not 25850?

Am I alone in this confusion?

Can someone explain?

Thanks






CALIFORNIA CODES
PENAL CODE
SECTION 25850




25850. (a) A person is guilty of carrying a loaded firearm when the
person carries a loaded firearm on the person or in a vehicle while
in any public place or on any public street in an incorporated city
or in any public place or on any public street in a prohibited area
of unincorporated territory.
(b) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on the person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.


CALIFORNIA CODES
PENAL CODE
SECTION 12020-12040






12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.

(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.




"If squirt guns are outlawed, only outlaw squirts will have guns!"

James Taranto
 

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
I find it odd that SFPD are using out of date penal code books.

Is that common?

Just adds to how wrong they are handling things. But what do you get when there is no accountability.

Fall in line or els.


"If squirt guns are outlawed, only outlaw squirts will have guns!"

James Taranto
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
well,,

im am in comunication too!!!
the 25850 sounds like a outdated 12031E, the other charges are out dated too
i dont hav anymore particulares , and i wont talk,
then there is 2800(a), and 148(a)1 resisting or obstructing!
helping our friends is important,
im in the woods of washington,
i dont know cal law!
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
So- someone decided to refuse an (e) check...

I find it odd that SFPD are using out of date penal code books.

Is that common?

im am in comunication too!!!
the 25850 sounds like a outdated 12031E, the other charges are out dated too
i dont hav anymore particulares , and i wont talk,
then there is 2800(a), and 148(a)1 resisting or obstructing!
helping our friends is important,
im in the woods of washington,
i dont know cal law!


25850 is 12031 renumbered, not the other way around. The write up could include either or both and still hold up.

2800. (a) It is unlawful to willfully fail or refuse to comply with
a lawful order, signal, or direction of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, when that peace officer is in uniform and is
performing duties pursuant to any of the provisions of this code, or
to refuse to submit to a lawful inspection pursuant to this code.

148. (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.

Sounds like someone refused an (e) check and got hooked up on contempt of cop.
 
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