PavePusher
Regular Member
Debating with a former USAF buddy of mine, he became a police officer in California. He claims that the open carry ban was overturned, is not in effect and not being enforced. He says it was stuck down by the USSC. I thought the state had revised and re-passed it.
My citation: http://www.shouselaw.com/open-carry.html
The instructions for his department, sent to me via PM:
"My letter from the DA office is Alameda County: "Officers cannot enforce the no repealed law regarding open carry. We [police] may continue to identify, verify, and confirm the weapon is unloaded." The letter goes on to say that the law, which violated the fourth amendment and the second amendment, is not enforceable. The law, as of 7/13/2012, was sent back to the House for "edit." Until then, the 12020 law regarding firearms is still in effect.
In California, police could care less if the person has a firearm in the car. It only becomes a criminal, arrest able issue if the person is in possession of narcotics, is a felon, is with known felons, has a restraining order, or is under the five year weapons ban for mental issues.
Because no DA will touch the case otherwise, we do not arrest /charge."
As I said to him, since I am an Arizona resident, my only carry option there is the Cali version of Open, unloaded. And I don't want to get arrested because I misunderstood the laws.
Can anyone clear this up for me?
Thanks in advance!
My citation: http://www.shouselaw.com/open-carry.html
The instructions for his department, sent to me via PM:
"My letter from the DA office is Alameda County: "Officers cannot enforce the no repealed law regarding open carry. We [police] may continue to identify, verify, and confirm the weapon is unloaded." The letter goes on to say that the law, which violated the fourth amendment and the second amendment, is not enforceable. The law, as of 7/13/2012, was sent back to the House for "edit." Until then, the 12020 law regarding firearms is still in effect.
In California, police could care less if the person has a firearm in the car. It only becomes a criminal, arrest able issue if the person is in possession of narcotics, is a felon, is with known felons, has a restraining order, or is under the five year weapons ban for mental issues.
Because no DA will touch the case otherwise, we do not arrest /charge."
As I said to him, since I am an Arizona resident, my only carry option there is the Cali version of Open, unloaded. And I don't want to get arrested because I misunderstood the laws.
Can anyone clear this up for me?
Thanks in advance!
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