Open carrier in California being harrassed by cops
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Old 10-21-2011, 03:30 PM   #1
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Default Open carrier in California being harrassed by cops



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Old 10-21-2011, 04:22 PM   #2
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Cali sucks this much is well known, it's the only state worse than where I live. While I certainly respect the 2nd amendment and the person in the vids rights, why would anyone carry an unloaded firearm? He might as well be carring a bat or a rock, it is certainly not for SD. IMO the guys who open carry, get the cops on film (who most times are just responding to call) and then put the vids up on youtube are attention whores and many times end up making all gun owners and CCP people look bad. The LEO's in the vid did nothing wrong IMO, they were polite yet firm and simply were doing their job.

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Old 10-21-2011, 04:56 PM   #3
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The vids are a good argument for CC over OC. The guy is walking around with an AR slung over his shoulder picking up trash. Imagine all the 911 calls he is causing (he is in Cali after all). If he were allowed to CC, nobody would know and the LEO's could then concentrate on finding the real bad guys. I agree that a right not exercised is a right lost, but I just don't see how the LEO's responding to a call of an armed person constitutes harassment. In all three vids the LEO's just check the status of the weapon and let him go on about his day.

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Old 10-21-2011, 05:00 PM   #4
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"I don't consent to search... I don't consent to search..."

While I will support the second amendment, and do... There are still state laws, and whether or not these laws are in violation is up to us to vote for the right people and the right legislation to do away with them. We as a people, citizens of this country, and residents of our respective states, are NOT to violate the laws that have been placed on our burden.

Cali laws say that a law enforcement officer can stop you and check to make sure that you are in compliance with their state laws. I feel this is a violation of his 2A rights, but it is the law of the land where he lives and if he doesn't like it then he can do his part to change it, and since I personally don't see where he acts like too much of a jackass; in my opinion these videos are okay, or he can move.

In my home state, it is the law that you must present your CC permit upon request to any LEO. I don't like it myself, but I go with it, at least it's not that much of a burden, just a minor inconvenience. Most around here don't check anyway, if they see you carrying with a holster and clean clothes, they assume (rightfully in most cases) that you are legit. Now if they see a black man walking around a neighborhood known for drugs, wearing ragged clothes, and rocking the Mexican carry, then yeah, they will check that guy.

About the guy in the video being an attention hound, I think he is. He's packing an AR to pick up litter, who the hell does that? An AR to walk the poodle I can understand, he needs something to make him look a little macho.

To detain someone to check that their weapon is unloaded I think is a bit crazy. You can tell at a glance that there is no mag in the AR, and about 2 glances that there is no mag in the XD. Sure there may be one in the chamber, but at that point who really gives a flying Eff. And if he's walking a damn poodle, he's obviously not out raping and pillaging.

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Old 10-21-2011, 05:28 PM   #5
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If he is building a case for his 2A rights being violated (IMO they are), but the local LEO's are enforcing local law, then he is in for a long hard legal battle.

Hasn't it become obvious that some people in power (cops, governors, POTUS, town mayors) don't give a damn about the constitution?

I think it's a lost cause, but I give him kudos for trying. It will be cheaper, easier and likely much more satisfying to simply move.

No state, especially Cali, is likely to say that their laws are violating the constitution. They (state legislators) worked to make their bed so that they can lie in it and feel morally superior. Are they dead wrong? Particularly in this case? Oh hell yeah! Is this one guy going to really make a difference? Not a chance. I would save my money on the legal fees and just move.

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Old 10-21-2011, 06:01 PM   #6
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Was he accused of committing a crime? Or was he detained (lawfully but wrongfully IMO) to make sure that he was in compliance with state laws?

I heard no cops saying that he was actually suspected of committing a crime, granted my hearing isn't what it used to be, and this guy's video quality sucks.

I roll through road blocks in my area all the time (our neighboring county is dry as a powder house), where they check my DL, registration, and insurance, and usually ask me where I'm coming from and where I'm going. Does this piss me off? Yes. Do I tell them it's none of their business where I've been because they aren't my mama? A couple times, and they laugh at me. I know that I am not under suspicion of committing a crime, and that they are enforcing the laws and trying to keep drunks off the road (dry county neighbor, beer store right on the county line). These don't care where you've been or where your going, they want you to talk so they can sniff for alcohol.

Look, let me make it clear, I don't agree with the BS where firearms are concerned in Cali, and I hate that their citizens have to deal with those laws when the criminals aren't being stopped. I feel it's unconstitutional. But I also don't think the LEO's did anything legally wrong according to their state laws, and he's better off leaving that state.

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Old 10-21-2011, 06:15 PM   #7
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Quote:
Originally Posted by kwikrnu View Post
Just because a state passes an unconstitutional law doesn't mean they may enforce it without penalty.
Here's where we are in disagreement then. Yes they can. I don't think it's right, but nothing will be done until the state laws are changed, unless by some chance he, or a large group is able to get the US SC involved to strike it down. That has been tried... What's one more bug on the windshield?

He should just move. I don't like it, and in that, you and I do agree that it's messed up. But that's really his only hope.
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Old 10-21-2011, 06:17 PM   #8
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Don't you see? The ones who make the rules of the game always win! That is where we as citizens need to make our rules as we see fit, and do away with those people who don't listen to our citizenry.

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Old 10-21-2011, 07:28 PM   #9
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CA politicians have long trampled on the 2nd Amendment rights of CA citizens.

When CA polititicians get scared they pass gun control laws. In 1967 CA politicians were scared of the Black Panthers. They passed the Mulford Act outlawing the public carry of loaded guns: CA governor Ronald Reagan signed the Mulford act into law.

Recently CA politicians got scared of unloaded handguns carried in public; they passed a bill outlawing same. CA governor Jerry Brown signed that bill into law.

IMO: CA politicians will soon grow scared of folks carrying long guns in public.


Timeline of CA gun control:

Time Line of California Firearms Laws - Calguns Wiki

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Old 10-21-2011, 07:59 PM   #10
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Quote:
Originally Posted by kwikrnu View Post
If they outlaw the carry of long arms there will be a lawsuit and only then may courts can finally decide if it is a right or not.
Pretty much. That's what it's going to take, is a straw to break the camels back. The sad thing about it is this, these gun control politicians are being voted in, and kept in, by anti gun civilians who are out-voting the gun owners.

I don't know what the numbers are, and it may not actually be the case for all I know, but it stands to reason right?
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