Los Angeles DA Issues Notice - OC IS LEGAL!!!!

[Mike]

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LeagueOf1607 wrote:

We have seen recent evidence of various gun rights advocacy groups attempting to raise those challenges. In several recent events, law enforcement officers have been presented with situations similar to the one above. Some of these events were audio recorded (and possibly video-recorded as well). It appears that the subjects were attempting to lure the officers into taking unfounded enforcement efforts to bring attention to their cause and/or to form the basis for court action.

Huh?? And I thought Doug Huffman was a little paranoid

 

[demnogis]

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This is the part that concerns me:

Conclusion:
Law enforcement officers have the duty to protect the safety and rights of all members of our society. The "Open Carry" movement provides a very unique situation where a lawfully armed person will present an apparent threat to others. Penal Code § 12031(e) is your primary tool ...
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Wow, we're a threat to society now? Because we believe in our rights and want to exercise them? So people who are holding a rally or open debate would equally be considered an apparent threat to others? :shock:

 

[TFred]

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The "Open Carry" movement provides a very unique situation where a lawfully armed person will present an apparent threat to others.

Well, this is just simply not true. And this is why there is an open carry movement, to show that a lawfully armed person is not a threat to others!

TFred

 

[cato]

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Mike wrote:

it's a better memo than the LA DA produced - maybe he shared my memo on his memo with the Sheriff?

I am wondering about the constitutionality of this inspection protocol - absent reasonable suspicion that a gun is loaded, I am thinking that stopping a person to inspect their gun violates the 4th amendment the same way pulling over a car just because you see it be driven to check for a license is generally unconstitutional.

Any thoughts on this? What does the Calif. code say re DL inspection and how have the courts construed it?

PC 12031e authorizes LE to check any firearm in a 12031 prohibited area (cities and prohibited unincorporated territory). I do agree that it is a 4th A. violation absent normal RS/PC for a "Terry" investigative detention.

CAvehicle code specifically states that vehiclesare not to be stoppedsolely for a license check.