Open Banana Carry Protest - San Mateo

[chewy352]

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This will more than likely be a 2 day 1 night event as some of my elders pointed out that driving up and back in one day is crazy.

 

[Theseus]

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Unless I missed it, the date is 23rd. Saturday.

 

[heliopolissolutions]

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Chewy: Likewise I am in if you are passing through the Central Valley on the 99 N.

 

[chewy352]

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I'm sure that could be arranged if I don't fill up my car down here. If Thesues is right about it being the 23rd of January than I can't make it.

 

[dirtykoala]

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if you had a pad lock through your holster and trigger well locking your gun into your holster and only being able to be removed after putting your combo in, could leo force you to unlock it for an e check?

 

[camsoup]

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If anyone is heading down from North of Sacramento, shoot me a PM I would like to try and catch a ride if possible.

 

[bigtoe416]

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dirtykoala wrote:

if you had a pad lock through your holster and trigger well locking your gun into your holster and only being able to be removed after putting your combo in, could leo force you to unlock it for an e check?

I don't think we have a legal answer for this. Since 12031(e) is likely unconstitutional, I'd say no. We certainly don't have any requirement to inform officers how to use our retention holsters. If a padlocked firearm is on the extreme end of retention, then I'd argue we have no requirement to inform the officers what the combo is.

The clock is ticking once they stop you for the 12031(e) check. If the SCOTUS has held that a detention can't be excessively long (~45 minutes max), then surely an inspection (if constitutional) has a much shorter time limit (~5 minutes max?).

 

[woody510]

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im in just let me know place and time?

 

[CA_Libertarian]

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dirtykoala wrote:

if you had a pad lock through your holster and trigger well locking your gun into your holster and only being able to be removed after putting your combo in, could leo force you to unlock it for an e check?

Refusing to unholster for an "e" check might easily be construed as "refusal" to allow the "e" check, which is an arrestable offense.

Now, if your holster allows for your magazine to be removed, and the slide to be locked back... then you could argue that unholstering is not necessary for them to check your magazine and chamber.

But even then it wouldn't be hard for a cop to arrest you. During booking they're gonna take your gun off you, even if they have to use bolt cutters to do it. You would have a great affirmative defense, but probably not much more.

IMO, the only effective way to defeat 12031(e) is through litigation. We need a case to go to the 9th Circuit for appeal so we can get rid of the trash case law the CA Ct of Appeals gave us. (And considering Arizona v Gant, if the case goes to SCOTUS, they will rule in favor of the 4th Amendment.)

 

[Theseus]

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Currently due to what seems to be underwhelming support for this protest, combined with the likely threat of rain I am canceling the protest in a formal capacity.

If there are some that still wish to protest and show you are not prevented from doing so, just that I and a few others won't be there to supply signs, bananas or shirts.

I think this was too much in too short a time, and in a situation where we just couldn't get the word and motivation up enough.

I thank you all for the ones that did make arrangements and also apologize from my part for the inconvenience that this cancellation may cause.

Now, if weather permits we could reschedule to a better time?

 

[marshaul]

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I'd be happy to attend seeing as I'll actually be in-state this time.

 

[ConditionThree]

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Theseus wrote:

Currently due to what seems to be underwhelming support for this protest, combined with the likely threat of rain I am canceling the protest in a formal capacity.

If there are some that still wish to protest and show you are not prevented from doing so, just that I and a few others won't be there to supply signs, bananas or shirts.

I think this was too much in too short a time, and in a situation where we just couldn't get the word and motivation up enough.

I thank you all for the ones that did make arrangements and also apologize from my part for the inconvenience that this cancellation may cause.

Now, if weather permits we could reschedule to a better time?

:banghead:

 

[Theseus]

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ConditionThree wrote:

Theseus wrote:

Currently due to what seems to be underwhelming support for this protest, combined with the likely threat of rain I am canceling the protest in a formal capacity.

If there are some that still wish to protest and show you are not prevented from doing so, just that I and a few others won't be there to supply signs, bananas or shirts.

I think this was too much in too short a time, and in a situation where we just couldn't get the word and motivation up enough.

I thank you all for the ones that did make arrangements and also apologize from my part for the inconvenience that this cancellation may cause.

Now, if weather permits we could reschedule to a better time?

:banghead:

Agreed. I will be moving out of state in a few weeks, but if we can get something together when weather and interest are up I will be more than happy to attend.