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The Calguns Foundation
07-14-2008, 1:29 PM
After reviewing the details of the case, The Cagluns Foundation has decided to support Sean B. ('bobbarker' on CGN) and assist his defense from a wrongful arrest for legal unloaded open carry in partnership with Trutanich • Michel, LLP (http://trutanichmichel.com/).

Please donate to The Calguns Foundation:

Donate via a Credit Card or Paypal (https://www.paypal.com/cgi-bin/webscr?cmd=_donations&business=finance%40calgunsfoundation%2eorg&item_name=CGN%20Foundation%20%2d%20Offensive%20leg al%20activism&item_number=SeanB&no_shipping=0&no_note=1&tax=0&currency_code=USD&lc=US&bn=PP%2dDonationsBF&charset=UTF%2d8) or use the email address donate@calgunsfoundation.org for Paypal.

If you don't want to use Paypal and want to send a check or online bill payment, please send it to:

The Calguns Foundation
3200 Bridge Parkway Suite 202C
Redwood City, CA 94065

Make checks payable to "The Calguns Foundation." Please include your email address or Calguns handle so that we can send you a thank you letter for your tax deduction once our 501(c) status is complete. Also, we would like to track folks who are donating to support this open carry case, so please write "Sean B. Case" on the memo line.

Some words of caution about unload open carrying at this time...

Defending this type of cases distracts both funding and legal time from the offensive cases that we and other pro-gun lawyers and institutions are prosecuting.

As we are all on the offensive right now, waiting until the Second Amendment is incorporated against California in the Ninth Circuit is prudent. At that time, open carry unloaded and other pro-carry strategies are likely to be the next items to come into the coalition's cross-hairs.

If you are a current supporter of open carry, please seriously consider donating to the defense of Sean B. to help offset the costs of his defense so the CGF can remain on the offensive.

Also, If you aren't a Marine on the 4th of July 7 days after the Heller decision, please think twice about open carrying unloaded at this time (It's too bad he wasn't delivering an apple pie to his grandmother.) The Calguns Foundation can not, for example, defend folks against a school zone charge. Also please make sure you've checked the municipal and county ordinances of the area in which you plan on open carrying.

As always, two important disclaimers.

First, The Calguns Foundation is in the process of applying for its tax exemption. Should it receive that exemption (and it expects to), your donation will be retroactively tax deductible.

Second, The Calguns Foundation is not your personal insurance carrier. There is no guarantee that we can or will defend any given situation, so you are thus always proceeding at your own risk. Please keep that in mind as we strongly prefer to not have to defend another open carry unloaded case until after incorporation.

Finally, please don't speculate on the details of this incident in this or other threads (even on other forums) as it serves no purpose, and may actually harm the case. Suffice it to say, there are some extra items about this case that make it more interesting for our side.

-Gene Hoffman
Chairman
The Calguns Foundation

Subvertz
07-14-2008, 1:30 PM
CGF FTW!

what2be
07-14-2008, 1:33 PM
Is there a post here on calguns to reference to see what the circumstances were in this case?

Saigon1965
07-14-2008, 1:35 PM
There is a post, lets go find it.

Found it.


http://www.calguns.net/calgunforum/showthread.php?t=109360

hoffmang
07-14-2008, 1:37 PM
There are two posts I believe:
http://www.calguns.net/calgunforum/showthread.php?t=109360
and
http://www.calguns.net/calgunforum/showthread.php?p=1355415

-Gene

MudCamper
07-14-2008, 2:32 PM
Glad to hear it! Looking forward to the outcome.

bobbarker
07-14-2008, 3:43 PM
I can't thank the Calguns Foundation, and all of it's supporters enough for everything they've done. If you can afford to donate, please do so. It's a good cause(And I'm not talking just about my case here, but Calguns in general.)

duenor
07-14-2008, 4:29 PM
I donated $100 last month and will do so again this month after payday. This is a good cause and I'd rather pay a champion than be fighting the fight on my own doorstep.

Diabolus
07-14-2008, 4:32 PM
Donation sent.

MrNiceGuy
07-14-2008, 6:02 PM
+1, donation send.

I'm personally don't feel a need to open carry but a Marine arrested on the 4th of July for LEGALLY exercising his rights makes my blood boil.

audiophil2
07-14-2008, 6:40 PM
Just paypal'd $100

CitaDeL
07-14-2008, 6:41 PM
I am pleased that CalGuns has elected to aide this gentleman in his defense. It would have been very easy to shrink back from this challenge.

I have put my money where my mouth is- I can only hope that others, even in spite of their opinion of open carry advocacy, can see fit to support this most basic right.

carsonwales
07-14-2008, 9:02 PM
Here you go leatherneck...yet another 100 bucks....

I will find some more nuggets in a week or two and will take a personal interest in your case...

Salute

CW

http://www.whitneyearnhardt.com/temp/SeanB.gif

carsonwales
07-14-2008, 9:13 PM
Suffice it to say, there are some extra items about this case that make it more interesting for our side.

-Gene Hoffman
Chairman
The Calguns FoundationHey Gene,

Bet ya a steak dinner the LEO's and DA's in OSide had no idea this was coming...

Muahahah

CW

5150Marcelo
07-14-2008, 9:14 PM
Good luck Bobbarker. Hopefully you can get this BS dropped!

CA_Libertarian
07-14-2008, 10:38 PM
It would be nice to have new case law showing these Gestapo getting their asses handed to them. However, my guess is that charges will be dropped in short order.

Thank you CGF, for your work.

Liberty1
07-15-2008, 10:16 AM
Another OCer stepping up:

$100.00
Confirmation number: 0SC32321M7612212X

BB,

Hey, I hope your whole battalion is pitch'en in! :D

:79:

carsonwales
07-15-2008, 6:14 PM
Another OCer stepping up:

$100.00
Confirmation number: 0SC32321M7612212X

BB,

Hey, I hope your whole battalion is pitch'en in! :D

:79:


Ready to Take a Ride in the Cash Cab?....here are the rules...

I am getting pretty flush right now as we get ready to roll on a big project...and I have some...shall we say - discretionary reserves...

Challenge: Match It

I have an EXTRA 500 bucks - match it and we send a single large to the leatherneck...

Of course I trust the integrity of the Calgunners...a simple post with the amount is enough for me...dont need screen shots or confirmations...

Ready to to take a ride in the Cash Cab?

CW

When matched of course i will post a confirming screen shot of my clam bucket going out...so buck up and put up...A UNITED STATES MARINE NEEDS OUR HELP....

sammy
07-15-2008, 7:49 PM
Donated $100.00

Confirmation number: 2UF2193950164404T

Sammy

Gray Peterson
07-15-2008, 8:10 PM
I'll be putting in $50 two weeks from now.

Liberty1
07-15-2008, 8:21 PM
Thanks Lonnie!!! Please cross post, e-mail, and endorse this effort if you have the time!

Although it is not a clean challenge to PC 12031, it is a place to begin to show local jurisdictions their misinterpretations of settled law will be challenged by all of us! So when a Son of Heller case does become settled law they will tread lightly or get bitten by CGF!!!

For those who don't know, Lonnie is in Washington State and a great friend to Open Carry rights and Concealed Carry privileges (and Liberty in general).

vladbutsky
07-15-2008, 9:05 PM
$200
Confirmation number: 0RN55956UG3820246

hoffmang
07-15-2008, 9:31 PM
And I owe Lonnie an email! Lonnie: Sorry I've been swamped.

-Gene

Gray Peterson
07-15-2008, 10:19 PM
No worries man, you're not the only one who's been swamped. Just an FYI for the email response, I found a case that may be of interest, it's from the 19th century but...I don't want to let the cat out of the bag. :)

-Lonnie

carsonwales
07-16-2008, 10:53 AM
Need 100 more in donations and I will match the 500....

So far we have 3 donations since I posted the challenge (100,200,100)

CW

http://www.whitneyearnhardt.com/images/cg/hoffbucks.jpg
.
.

GuyW
07-16-2008, 1:59 PM
In other news, in the San Diego OC thread, its reported that the SDPD knows that OC is legal...

http://www.calguns.net/calgunforum/showthread.php?t=107905&page=23

Subvertz
07-16-2008, 2:01 PM
Originally Posted by USN CHIEF
I got a call from El Indio restaurant to confirm the time of the event. I inform the manager that we were still planning on attending on the Sunday July 20. She then informed me that it was not a problem and that they would have everything ready for us. She also informed me that she had just gotten a called from San Diego Police Department and that a Detective J.K. Hodgins wanted to talk to me. I called the Detective and he told me that someone had called the San Diego PD about this event and that he was glad that we were doing this because he is a member of the NRA and a gun collector himself. He also told me that what we were doing was a fantastic idea and that he was going to be there along with a couple of Officers to ensure that everything went fine without any problems and to ensure that we complied with the law. He even went to tell me that he was going to check a couple of the firearms to ensure that we complied with all applicable gun laws i.e, not loaded guns and he said that as long as the firearm was not loaded that were good to go. I spoke to him about having loaded mags and he said that as long as they are not inside of the magazine well or touching the firearm that we would be o.k. He also said that he has been reading Cal Guns since he was made aware of this OC event and that he likes what he sees and hopes to see more OC people here in SD to educate the general population. All in all it sounded very positive with no negative stuff coming from his end. The one thing that he ask was that if we had screened the people coming to the event and I told him that as far as I knew every single one that was attending was a law abiding citizen. He left me his phone number to call him with any questions that we might have. So what do you guys/gals think?

futureExpat
07-16-2008, 5:37 PM
Confirmation number: 6WM97681GY485703A.

$250

Thanx CGF

carsonwales
07-16-2008, 11:18 PM
24 hours ago I offered to match donations to $500 bucks for Sean B (here (http://www.calguns.net/calgunforum/showpost.php?p=1362221&postcount=18))...the United States Marine falsely arrested for exercising his constitutional rights on Independence Day...

4 contributors stepped forward and donated $650...sammy: $100 2UF2193950164404T
vladbutsky: $200 0RN55956UG3820246
anonymous: $100 #############
futureexpat $250 6WM97681GY485703A
Though I said to $500...'futureexpat' pushed it over $500...with a very generous $250.....

This case chaps my hide....It actually pisses me off....and in that spirit I have matched the first $500, and 'expats' additional $150....

$650 more for the leatherneck.......Fox 1...Fox 2

Thats $1300 in 24 hours for Sean B....

Look for another $500 dollar challenge very soon...Ready to take a ride in the cash cab?

Salute

Carson Wales

http://www.whitneyearnhardt.com/temp/SeanB2.gif

Gray Peterson
07-16-2008, 11:33 PM
You're awesome, Carson.

hoffmang
07-17-2008, 4:41 PM
I want to publicly thank Carson for his generosity and for making my day yesterday with that graphic.

-Gene

bobbarker
07-17-2008, 9:20 PM
I want to Personally thank everyone here for what you guys have done. I haven't put in my donation yet, I'm just waiting on my wife to get her first paycheck so that we can afford to. That Bail Bond Money didn't make things any easier, ya know?

artherd
07-18-2008, 8:56 AM
As Treasurer of the Calguns Foundation, I want to publicly thank everyone who is contributing to the defense of this very wrongly accused man.

Thank you.

Bruce3
07-18-2008, 6:59 PM
just donated $20, sorry but thats all i can really afford at the moment. thank you Sean B. for serving our country!
Confirmation number: 833597052Y488964L

Liberty1
07-19-2008, 6:03 AM
just donated $20, sorry but thats all i can really afford at the moment. thank you Sean B. for serving our country!
Confirmation number: 833597052Y488964L

Thank you for the contribution!!! And thank you for posting it too. Many give anonymously but posting it shows visible support and encourages others to join in the effort.

If your reading this, live in Ca., and haven't donated to the CGF, please join in!! It's your own Liberty that you're defending! Any amount is appreciated I'm sure.

Liberty1
07-23-2008, 4:11 PM
Help defend this Marine who along with his brothers has given so much for you!!


If you haven't yet given or can give again please step up for a US Marine

doing what comes naturally for a Patriot on the 4th of July

Fighting for your Rights abroad and at HOME in Oceanside!!!!





After reviewing the details of the case, The Cagluns Foundation has decided to support Sean B. ('bobbarker' on CGN) and assist his defense from a wrongful arrest for legal unloaded open carry in partnership with Trutanich Michel, LLP.

Please donate to The Calguns Foundation:

Donate via a Credit Card or Paypal or use the email address donate@calgunsfoundation.org for Paypal.

If you don't want to use Paypal and want to send a check or online bill payment, please send it to:

The Calguns Foundation
3200 Bridge Parkway Suite 202C
Redwood City, CA 94065

Make checks payable to "The Calguns Foundation." Please include your email address or Calguns handle so that we can send you a thank you letter for your tax deduction once our 501(c) status is complete. Also, we would like to track folks who are donating to support this open carry case, so please write "Sean B. Case" on the memo line.

RRangel
07-23-2008, 4:56 PM
Donation sent. As money comes in I'll be donating more to these good Calguns Foundation causes.

Come on people, donate a little something if you can. You may not think you can send much, but it adds up.

artherd
07-25-2008, 1:13 AM
It adds way up, and it's a good thing because OC defenses aren't cheap! Thank you all, and I encourage you to post when you donate!

Best!
-Ben.

6172crew
07-29-2008, 7:25 PM
Bump for a Great cause!

Fjold
07-29-2008, 8:04 PM
I sent a check last week but I didn't designate it for any particular case.

KTGunner
07-29-2008, 10:01 PM
So when I send my check, I can designate it towards the OC case?

Gray Peterson
07-29-2008, 10:42 PM
$20 donated.

hoffmang
07-29-2008, 10:47 PM
So when I send my check, I can designate it towards the OC case?

Yes, but if we prevail your funds may go to the general cause after that.

-Gene

bobbarker
08-01-2008, 8:38 PM
Dear Sean Barker,


Your payment for $100.00 USD to donate@calgunsfoundation.org has been initiated. This payment will be completed once the recipient has accepted the payment.

It may take a few moments for this transaction to appear in the Recent Activity list on your Account Overview.

Your eCheck payment will remain "Uncleared" until the funds clear from the your account, which usually takes 3-5 business days. If you are purchasing an item to be shipped, your seller may not ship the item until the funds have cleared.



Payment Details

Amount: $100.00 USD

Transaction ID: 06934751NE6127442

artherd
08-02-2008, 1:30 AM
So when I send my check, I can designate it towards the OC case?

Yes, but your funds may go to other causes IF we prevail before spending them. If we get your check and he's not out frolicking in the meadows with a ****-eating-grin, then it will go to his case.

bobbarker
08-04-2008, 9:36 PM
Haha....Never frolicked before....but if we win this, I'll give it a shot. :)

artherd
08-04-2008, 11:36 PM
You mean WHEN we win!

pics or it didn't happen! ;)

best45auto
08-05-2008, 9:18 AM
Pay pal sent

thank you Sean B. for serving our country

Good luck

gspam1
08-06-2008, 4:42 PM
Donation sent. Thank you for your service Sean!

carsonwales
08-06-2008, 8:41 PM
Double or nothing: $1000 bucks for Sean

Sean is a United States Marine who has been unjustly charged with exercising his Constitutional Rights on the 4'th of July...Independence Day.

Sean has given more to us than we could ever hope to give back to him, let alone repay.

Now is the time to come to his aide.

Challenge: I have $500 Hoffbucks that need to be matched...

If you are uncomfortable posting your donation publicly, then private message me...

When the 500 challenge is met, we will have raised another $1000 for a patriot who will not lay down...either here or away..

Step up...pick it up...this is a fight that is not only worth fighting...it is a fight we are going to win together.

Ready to Take a Ride in the Cash Cab?

CW

http://www.whitneyearnhardt.com/images/cg/hoffbucks.jpg


.

hoffmang
08-06-2008, 8:55 PM
If you choose Billpay or to mail a check, just write Sean B/Carson Wales Challenge on the check, Acct#, or memo line and I'll PM Carson on those as well.

Great work on the match carsonwales!

-Gene

FreshTapCoke
08-07-2008, 11:53 AM
Challenge: I have $500 Hoffbucks that need to be matched...

Step up...pick it up...this is a fight that is not only worth fighting...it is a fight we are going to win together.

Ready to Take a Ride in the Cash Cab?

CW


Sure! How far will $100 take me? =D


Purpose Donation
amount Total
CGN Foundation - Offensive legal activism

Reference: SeanB
$100.00 $100.00

Total: $100.00 USD

Riptide
08-07-2008, 1:22 PM
$100 more:

Donation amount: $100.00 USD
Total: $100.00 USD
Purpose: CGN Foundation - Offensive legal activism
Reference: SeanB

bobbarker
08-07-2008, 4:59 PM
You guys just, absolutely blow my mind. I have no idea how I can come close to thanking all of you. you continually amaze me with your generosity, and commitment to this cause. you have my sincerest thanks.

carsonwales
08-07-2008, 9:24 PM
You guys just, absolutely blow my mind. I have no idea how I can come close to thanking all of you. you continually amaze me with your generosity, and commitment to this cause. you have my sincerest thanks.

Welcoming you is an honor...and as far as thanking us...you already have...

You made a decision that was selfless to serve this country and the cause of freedom...you traded away millions of other life choices and sacrificed for us...your family has sacrificed along side of you...for us...

And to top that off, you stepped out of an already over committed life to take on another fight...

And you say we blow your mind?

I am laughing out loud Bob...

It is us citizens that should be, and are blown away...by your courage and your life...your a hero in my book brother...

We could not possibly honor you enough...

So far $200 bucks on the second throw down challenge...

Its only a matter of time...before we close this out and the Cash Cab rolls again...

Salute Bob Barker, his family, and the United States Marines...

CW

thank you Rip and Fresh...2x $100...three franklin's to go to match and net Bob a grand...

step it up...pick it up...a Marine needs our help...no donation is trivial...if you care, than make it Matter...make a choice to make a difference
.
.

Sawdust
08-08-2008, 6:25 AM
So far $200 bucks on the second throw down challenge...

Its only a matter of time...before we close this out and the Cash Cab rolls again...

Salute Bob Barker, his family, and the United States Marines...

CW

thank you Rip and Fresh...2x $100...three franklin's to go to match and net Bob a grand...

step it up...pick it up...a Marine needs our help...no donation is trivial...if you care, than make it Matter...make a choice to make a difference
.
.

I'll accept that challenge.

Confirmation Number: 7BY64230KW6084121 Placed on Aug. 8, 2008
CGN Foundation - Offensive legal activism
Reference: SeanB $100.00 USD

Total Amount: $100.00 USD


Sawdust

gravedigger
08-08-2008, 9:30 AM
What is the current status of this case? I am reading a lot about donations and support, but has a hearing been set? Has the case been heard? Has it been decided? Inquiring minds want to know!

We need a STICKY post at the top of this forum so we can stay updated on the progress.

Feverishly scraping up a donation while I await your response!

Update: DUH! I just noticed .. this IS a Sticky! :kest:

ptoguy2002
08-08-2008, 9:33 AM
$200 check going out today via snail mail (sorry, I don't like making purchases online, especially with paypal, call me paranoid).

dilligaffrn
08-08-2008, 12:33 PM
24 hours ago I offered to match donations to $500 bucks for Sean B (here (http://www.calguns.net/calgunforum/showpost.php?p=1362221&postcount=18))...the United States Marine falsely arrested for exercising his constitutional rights on Independence Day...

4 contributors stepped forward and donated $650...sammy: $100 2UF2193950164404T
vladbutsky: $200 0RN55956UG3820246
anonymous: $100 #############
futureexpat $250 6WM97681GY485703A
Though I said to $500...'futureexpat' pushed it over $500...with a very generous $250.....

This case chaps my hide....It actually pisses me off....and in that spirit I have matched the first $500, and 'expats' additional $150....

$650 more for the leatherneck.......Fox 1...Fox 2

Thats $1300 in 24 hours for Sean B....

Look for another $500 dollar challenge very soon...Ready to take a ride in the cash cab?

Salute

Carson Wales

http://www.whitneyearnhardt.com/temp/SeanB2.gif

BZ!

bobbarker
08-08-2008, 12:44 PM
Gravedigger-Current status is awaiting arraignment on the 15th of this month, that's next Friday. Once we get through that, it will be updated.


Also, I want to thank everyone again for their generosity. You guys are great.

6172crew
08-08-2008, 4:07 PM
Gravedigger-Current status is awaiting arraignment on the 15th of this month, that's next Friday. Once we get through that, it will be updated.


Also, I want to thank everyone again for their generosity. You guys are great.

Semper Gumby brother!

carsonwales
08-08-2008, 4:17 PM
With the generous contributions from FreshTap, RipTide, Sawdust and PtoGuy, we hit the challenge mark of $500 in about 24 hours...

Well done!

Here is my matching confirmation....

FreshTap sent me a PM and I quote: "...matching of our funds .....has helped me feel like I somehow contributed just a little extra."

Fund matching just feels good....for both sides of the deal....

You will be hard pressed to find a worthier cause to contribute to....

Get ready to take another ride in the Cash Cab soon!

Carson Wales

http://www.whitneyearnhardt.com/temp/SeanB3.gif

bobbarker
08-08-2008, 7:07 PM
Carson, I've said it before, I'll say it again, and I'll probably continue to do so, but your generosity absolutely amazes me. everyone here is doing a fantastic job, and service, and you are just going above and beyond. Thank you to all of you, again.

gn3hz3ku1*
08-08-2008, 7:46 PM
CARSON... I TRIED to jump on your cab! so i prepaid my fare! whats another 500 rds of wolf over the freedom of a Marine? comon guys you cant shoot it at Burro anyhow!


Your payment for $100.00 USD to donate@calgunsfoundation.org has been sent.

It may take a few moments for this transaction to appear in the Recent Activity list on your Account Overview.




Payment Details

Amount: $100.00 USD

Transaction ID: 5K2502352F729282E

Subject: Sean B

gn3hz3ku1*
08-08-2008, 7:48 PM
Also can we put this sticky on all the pages? i am on cg everyday and i didnt see it until now

carsonwales
08-09-2008, 1:10 PM
Carson, I've said it before, I'll say it again, and I'll probably continue to do so, but your generosity absolutely amazes me. everyone here is doing a fantastic job, and service, and you are just going above and beyond. Thank you to all of you, again.

We got your six bob...

Rest easy.

hoffmang
08-09-2008, 1:30 PM
I also want to add my personal thanks to carsonwales and all of you who are meeting his matches. Together we have the power to obtain justice and protect the exercise of a fundamental right.

-Gene

ptoguy2002
08-11-2008, 9:38 AM
Here is an idea:
Calguns needs to impose a "fine" system, kinda like rotary clubs do.
Its all for fun, and the fines are small enough to not be a big deal ($5 minor infraction, $10 major infraction maybe??), but lots of little fines add up to a lot of money.
For example:
-If somebody posts that they had a ND, they get fined.
-If somebody posts that their girlfriend made them do something, they can pay a fine and not have their man card revoked.
-If somebody posts that they bent their AK flat backwards, or drilled out the trunnion hole, they get fined.
Its a fun way of raising money.

You need to designate people to be the fine givers, so its not just a free for all.
Fines can be paid online.

Thoughts?

bobbarker
08-11-2008, 10:22 AM
It seems a bit extreme to me...all that will accomplish, is getting people who don't want to/don't have the money to donate to not post those kinds of things...if people want to donate, by all means, donate, and thank you so much, but, I don't really see the point behind it. I've done the "Emperor Parties" for fundraisers, where one person is appointed the emperor, and another apointed his Vice Emperor, and you can be "fined" for various things by those two people, and you can be made to stand in front of the emperor and plead your case by anyone who thinks you should be fined for anything, and it's fun, but it's more of a one night thing, ya know?

carsonwales
08-11-2008, 6:00 PM
It seems a bit extreme to me...all that will accomplish, is getting people who don't want to/don't have the money to donate to not post those kinds of things...if people want to donate, by all means, donate, and thank you so much, but, I don't really see the point behind it. I've done the "Emperor Parties" for fundraisers, where one person is appointed the emperor, and another apointed his Vice Emperor, and you can be "fined" for various things by those two people, and you can be made to stand in front of the emperor and plead your case by anyone who thinks you should be fined for anything, and it's fun, but it's more of a one night thing, ya know?

Yep Bob....

We are gonna do just fine....

We got 'ur 6

CW

NuGunner
08-11-2008, 10:11 PM
that's just wrong!

gravedigger
08-12-2008, 8:27 AM
I showed up for the arraignment, but got the dates kornfuzed! See you on the 15th!!!

bobbarker
08-14-2008, 8:01 PM
Wish me luck all....going in tomorrow morning, bright and early. 0730, Vista Court Complex. I'll be on tomorrow morning to let you know how it went.

Liberty1
08-14-2008, 8:28 PM
Wish me luck all....going in tomorrow morning, bright and early. 0730, Vista Court Complex. I'll be on tomorrow morning to let you know how it went.

You don't need luck...we know were right:D Just have to make the other side realize that! Give'm heck leather neck!

carsonwales
08-15-2008, 1:57 AM
Wish me luck all....going in tomorrow morning, bright and early. 0730, Vista Court Complex. I'll be on tomorrow morning to let you know how it went.

Keep us up to date...let us know if you need anything...

CW

bobbarker
08-15-2008, 8:16 AM
So I showed up, and there was no arraignment today. The D.A. Retains the right to file charges at a later date, but at this time they have not filed charges, and it looks to me like they won't. Gonna get to work on getting my gun back now though. I want to thank everyone who helped along with this case, to include moral support, thanks for everything, and talking about the case. I especially want to thank Mr. Hoffman, and the Calguns Board of Directors for providing the funding necessary to have representation in this case, I want to thank the Law Offices of Trutanich Michel, Carson Wales for his extreme generosity, Grave Digger for showing up this morning with words of encouragement and companionship, and everyone else here at calguns, too numerous to mention. You have all shown me an extreme amounts of kindness. Thank you all, very much, again.

6172crew
08-15-2008, 9:27 AM
So I showed up, and there was no arraignment today. The D.A. Retains the right to file charges at a later date, but at this time they have not filed charges, and it looks to me like they won't. Gonna get to work on getting my gun back now though. I want to thank everyone who helped along with this case, to include moral support, thanks for everything, and talking about the case. I especially want to thank Mr. Hoffman, and the Calguns Board of Directors for providing the funding necessary to have representation in this case, I want to thank the Law Offices of Trutanich Michel, Carson Wales for his extreme generosity, Grave Digger for showing up this morning with words of encouragement and companionship, and everyone else here at calguns, too numerous to mention. You have all shown me an extreme amounts of kindness. Thank you all, very much, again.

What makes you think he wont press charges Bob?:confused: Reason I ask is Me and 3 other Jarheads were shooting firearms in Santiago canyon back in 1995-7 and the OCSD took everything (we had a Colt sporter, SKS w/ detachable mag, 2 shotguns and a 30-30) they cited and released us witha trespassing charge and were told we would have to have the CO pick up the toys. After 3 times in court and a bunch of threats we were found not guilty but seems like the DA really wanted to bust us but I think the Deputy didnt want to show.

We (all 4 of us and the Legal O) spoke to the assistant DA before all of this and I think it helped we were in uniform and stuck to our guns so to speak.

bobbarker
08-15-2008, 10:40 AM
I think they won't press charges because I wasn't doing anything illegal, and they know it. Otherwise, I think they would have filed charges already.

Sawdust
08-15-2008, 11:34 AM
Congratulations.

I'll keep my fingers crossed that this is over.

Make sure that you let us know how it goes getting your gun back - especially if they give you any trouble.

Sawdust

USN CHIEF
08-15-2008, 1:02 PM
Hopefully everything gets squared away now and you are able to retrieve your guns back. How is your COC handling this? Are they being supportive?

artherd
08-15-2008, 5:39 PM
They won't press because they know Bob and his friends at The Calguns Foundation will press back!

bobbarker
08-15-2008, 6:24 PM
I really believe that you are right, artherd. I think that had a lot to do with why they didn't file charges.

Chief, COC told me awhile back, in very typical Marine Fashion, "If they say you're not guilty, great, you're not guilty. But if you get convicted of this out in town, we'll hammer you." Needless to say, when I explain to them what happened, I may lean my discussion a little to make it sound like I'm not guilty, without lying. :D No, they aren't going to do anything. Gunny and Staff Sergeant are very pro gun, pro 2a.

I will definately keep you informed of how it goes getting my gun back. Right now I'm waiting to get in contact with the Detective assigned to my case. She wasn't in the office today, and she has to release the gun before I can get it back. Hopefully, I'll be able to speak with her Monday. I doubt detectives work the weekend.

Shotgun Man
08-15-2008, 6:38 PM
We (all 4 of us and the Legal O) spoke to the assistant DA before all of this and I think it helped we were in uniform and stuck to our guns so to speak.

Don't mean to threadjack, but what was the Legal O's function? Was he your lawyer?

USN CHIEF
08-15-2008, 10:36 PM
Don't mean to threadjack, but what was the Legal O's function? Was he your lawyer?

Military Legal Officers cannot officially represent a service member on any civilian court. The legal officer probably went there to report back to the chain of command.

MudCamper
08-16-2008, 12:05 AM
So I showed up, and there was no arraignment today. The D.A. Retains the right to file charges at a later date, but at this time they have not filed charges, and it looks to me like they won't. Gonna get to work on getting my gun back now though. I want to thank everyone who helped along with this case, to include moral support, thanks for everything, and talking about the case. I especially want to thank Mr. Hoffman, and the Calguns Board of Directors for providing the funding necessary to have representation in this case, I want to thank the Law Offices of Trutanich Michel, Carson Wales for his extreme generosity, Grave Digger for showing up this morning with words of encouragement and companionship, and everyone else here at calguns, too numerous to mention. You have all shown me an extreme amounts of kindness. Thank you all, very much, again.

I'm confused. They didn't press charges, but they said they might. Don't we have both a federal and state right to a speedy trial? Did they tell you when they'd know? What if you leave the state? How will they contact you? What if they decide to press charges but can't manage to contact you? WTH?

6172crew
08-16-2008, 9:22 AM
I really believe that you are right, artherd. I think that had a lot to do with why they didn't file charges.

Chief, COC told me awhile back, in very typical Marine Fashion, "If they say you're not guilty, great, you're not guilty. But if you get convicted of this out in town, we'll hammer you." Needless to say, when I explain to them what happened, I may lean my discussion a little to make it sound like I'm not guilty, without lying. :D No, they aren't going to do anything. Gunny and Staff Sergeant are very pro gun, pro 2a.

I will definately keep you informed of how it goes getting my gun back. Right now I'm waiting to get in contact with the Detective assigned to my case. She wasn't in the office today, and she has to release the gun before I can get it back. Hopefully, I'll be able to speak with her Monday. I doubt detectives work the weekend.

Bob, I worked in the legal section my last few years, if you get in trouble out in town they cant touch you in the military, its called double jeopardy. If the civilians dont press charges then the military can hammer you.

If your CO tries anything after the fact then step to the JAG office and ask to speak with a lawyer....maybe he was just being a Marine but hes wrong.

hoffmang
08-16-2008, 10:02 AM
I'm confused. They didn't press charges, but they said they might. Don't we have both a federal and state right to a speedy trial? Did they tell you when they'd know? What if you leave the state? How will they contact you? What if they decide to press charges but can't manage to contact you? WTH?

I'd bet that time is currently waived. bobbarker has counsel that CGF is underwriting. His counsel and the ADA have each other's phone numbers.

Non prosecution is always a better option.

-Gene

MudCamper
08-16-2008, 12:49 PM
I'd bet that time is currently waived.

OK.

Non prosecution is always a better option.

Of course. But the details are very vague. Since this case is being funded by the CGF, a few details would be helpful, IMO.

gn3hz3ku1*
08-16-2008, 1:02 PM
congrats! and uhhhh comon... all marines are pro 2a :)

gravedigger
08-16-2008, 1:34 PM
Well, there is the issue of having the weapon returned, but as far as I am concerned, "Bob" should SUE the city of Oceanside for wrongful arrest! Don't forget that Bob laid out $1,000.00 of his hard-earned CASH for bail. The county would rather he just forget about that and go on his merry way! Oh, and now they'll get around to refunding his money ... some day ... in their own sweet time ?? NO WAY! I am sure Bob had better plans for that money.

I think Bob should sue for an additional $25,000 for good measure, so that the circus clown keystone cops (who are already too many in number AMONG our professional law enforcement community) understand that falsely arresting someone for choosing to legally exercise ANY right, throwing him into JAIL with the REAL social degenerates where he could have been injured or killed, extorting $1,000 bail, confiscating his private property and taking up his time, energy and resources to be dragged through the legal process just because some smarmy Sheriff's deputy with a chip on his shoulder is too darned pig-headed to bother to look up a simple law in the book before he starts frothing at the mouth and sporting a woody at the thought of falsely busting an evil gun toting MARINE for 12031 will understand that there is a HEAVY price to be paid when one practices DELIBERATE ABUSE OF authority.

Arrests like Bob's will occur again and again. It is absolutely ridiculous to just sit back and accept the notion that the deputies can falsely arrest people and put them through the wringer when they KNOW that no laws are being broken and they KNOW that charges will not be filed.

If this issue is not settled once and for all, cops like the Bozo who arrested Bob will be quite content to rely on people's fear of the process (arrest, jail et. al.) to prevent them from legally open carrying. The fact is that if the person is legally carrying, the process should stop at the moment the officer establishes that the weapon is unloaded, the person is not "wanted" and the gun is legally owned and registered. ANYTHING beyond that is grounds for HUGE punitive damages!

It would have been much better if the D.A. DID file, and then discovered that he had been b*tch-slapped by HELLER and the 2nd Amendment. Then there would be case law to point to, when some over zealous deputy is unleashed onto society. Of course, the D.A. KNOWS this, and so does the Sheriff's department, which is why they don't want a case to appear before a judge. As long as one DOESN'T come to trial, the cops can continue to detain, confiscate, arrest, jail and extort without fear of repercussions and rely on the fact that most people are just too busy with their lives, or too afraid to endure what Bob endured for each and every one of us.

GuyW
08-16-2008, 2:05 PM
...SUE the city of Oceanside ...county....Sheriff's deputy....deputies....deputy....Sheriff's department...


Holy s%^&.

Oceanside is a CITY. It's not the County.

Oceanside has a city PD - its not the Sheriff's department.

How many Calgunners would be all over some media report that randomly confused rifles with shotguns, and revolvers with semi-auto pistols?

It makes us look dumb when our posts confuse city and county, when cities are castigated for not doing something about a school issue, etc.

How about figuring out the various discrete levels, types, and authorities of most government agencies, as rudimentary background knowledge??

hoffmang
08-16-2008, 2:55 PM
Of course. But the details are very vague. Since this case is being funded by the CGF, a few details would be helpful, IMO.

You'll note that bobbarker is the one posting. You can be assured that when CGF is sure it is over, we will share all the details we can. However, I have not gotten an all clear from counsel.

CGF always puts getting the individual completely clear of trouble before everything else.

-Gene

Shotgun Man
08-16-2008, 3:28 PM
I'm confused. They didn't press charges, but they said they might. Don't we have both a federal and state right to a speedy trial?

Generally, when folks talk about the right to a speedy trial, they're talking about the period of time after which the prosecutor files an accusatory pleading or obtains an indictment. For example, for a misdemeanor, if you're in custody, you have a right to go to trial within 30 days of your arraignment, subject to certain exceptions.

Here, nothing is yet filed, so (generally speaking), the right to a speedy trial does not yet attach.

There is such a thing as a statute of limitations. For misdemeanors, it is a year. For felonies, it varies, but for low grade ones it is three years.

So in theory, someone could sweat it out three years not knowing if the DA is going to file on them for a low-grade felony. If the DA does delay the filing, and you are somehow materially prejudiced (say your witnesses die, evidence is lost, etc.) you can still cry foul and seek dismissal based on your denial of speedy trial, but this situation rarely arises.

MudCamper
08-16-2008, 5:02 PM
You'll note that bobbarker is the one posting. You can be assured that when CGF is sure it is over, we will share all the details we can. However, I have not gotten an all clear from counsel.

CGF always puts getting the individual completely clear of trouble before everything else.

-Gene

Thanks Gene!

bobbarker
08-17-2008, 1:52 PM
I appreciate that Mr. Hoffman. At this point, I don't feel it would be wise to go into great detail. At the time that we are "All Clear" Mr. Hoffman will, I'm sure, post all the details he has, as will I post all details I have. Until that time though, you'll just have to be happy knowing that things are looking good. Sorry folks. :D

carsonwales
08-17-2008, 2:33 PM
So I showed up, and there was no arraignment today. The D.A. Retains the right to file charges at a later date, but at this time they have not filed charges, and it looks to me like they won't. Gonna get to work on getting my gun back now though. I want to thank everyone who helped along with this case, to include moral support, thanks for everything, and talking about the case. I especially want to thank Mr. Hoffman, and the Calguns Board of Directors for providing the funding necessary to have representation in this case, I want to thank the Law Offices of Trutanich Michel, Carson Wales for his extreme generosity, Grave Digger for showing up this morning with words of encouragement and companionship, and everyone else here at calguns, too numerous to mention. You have all shown me an extreme amounts of kindness. Thank you all, very much, again.

Well well well....

I guess I will have to take the Cash Cab to another city....

Excellent result...and exactly what I expected...I always pick winners...

Thank you for for your service to the United States and the cause of Freedom....

We got your six Bob....nobody is going to screw a Marine in our neck of the woods as long we have something to say about it....

Semper Fi...

CW

Calgunners: Can you smell that?....its the smell of Victory and Power....can you taste it?...It tastes like MOMENTUM....its very tasty....

gn3hz3ku1*
08-17-2008, 5:33 PM
I appreciate that Mr. Hoffman. At this point, I don't feel it would be wise to go into great detail. At the time that we are "All Clear" Mr. Hoffman will, I'm sure, post all the details he has, as will I post all details I have. Until that time though, you'll just have to be happy knowing that things are looking good. Sorry folks. :D

just the fact that hoffman is backing you up was enough for me to throw down some cash... :) you need to give him a hug

supersonic
08-18-2008, 4:40 AM
just the fact that hoffman is backing you up was enough for me to throw down some cash... :) you need to give him a hug

:iagree:..............oh, and here's $100 more for our cause:BAM!!!!:D

carsonwales
08-22-2008, 9:04 PM
To all of us, as a team...

Let this case serve as an example of the power we have...

We can make a choice to make a difference...

As a cohesive team we cannot be stopped...

It will take time...and we will prevail...

Make no mistake about it....

CW

bobbarker
08-23-2008, 9:50 AM
Just thought everyone should know. The City attorney has decided to file Charges against me, so my case is back on. Right now I am waiting for confirmation if I am deploying or not (most likely am.) In which case, the case will be deferred until I come back from deployment. So, as soon as I know for sure, I'll let you guys know, but the case is active.

hoffmang
08-23-2008, 12:32 PM
All,

I just want to second bobbarker's post above. This case is not over but it will not be a Penal Code case.

-Gene

carsonwales
08-23-2008, 1:30 PM
Just thought everyone should know. The City attorney has decided to file Charges against me, so my case is back on. Right now I am waiting for confirmation if I am deploying or not (most likely am.) In which case, the case will be deferred until I come back from deployment. So, as soon as I know for sure, I'll let you guys know, but the case is active.

They want to play hardball....well we will meet their challenge...

Gene, Bob...keep me in the loop via PM...I need to know what is needed, when its needed, and how its needed...

(explicative deleted)

If this fool CA has nothing better to do than bring the fury upon him, than so be it...

Obviously the County DA has more intelligence...

Sigh...

CW

carsonwales
08-23-2008, 1:58 PM
All,

I just want to second bobbarker's post above. This case is not over but it will not be a Penal Code case.

-Gene

Bob mentions this a City Attorney action...ie the real DA wasnt interested, and this pinhead CA has decided to run a crusade?

If that is the case...it would make sense to me that we bombard the Mayor and City Council with the fact that their Attorney has decided to take on the role of Prosecutor and is about to walk into meat grinder....

This is total BS if its a CA running off on his own to make a point...

CW

tombinghamthegreat
08-23-2008, 3:07 PM
All,

I just want to second bobbarker's post above. This case is not over but it will not be a Penal Code case.

-Gene

So if he did not violate the penal code what can they charge him with?

ke6guj
08-23-2008, 3:11 PM
So if he did not violate the penal code what can they charge him with?IIRC, there was also mention of a city ordnance that prohibited the carry of firearms.

RossRinSD
08-23-2008, 11:25 PM
Can we get any information on the exact charge, and the city ordinance that was violated?

hoffmang
08-24-2008, 11:12 AM
Can we get any information on the exact charge, and the city ordinance that was violated?

Not yet, but as soon as it has been formalized we'll share it here.

-Gene

Shotgun Man
08-24-2008, 7:29 PM
Maybe they're looking to prosecute him under this Oceanside City Code Section. It is the City Attorney's job to prosecute city code violations:

Sec. 20.10. Weapons--Possession in public--Prohibited.
No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

(Ord. Code, 4134; Ord. No. 93-19, 9, 10-13-93)

http://www.municode.com/resources/gateway.asp?pid=10130&sid=5

It may come down to whether open carry is expressly authorized by California state statute, whether the state has preempted this regulation, and whether the 2A is incorporated, etc.

RossRinSD
08-24-2008, 8:51 PM
Is that municipal code lawful?

One night a man was beating a woman in the street next to my dad's house. It was so violent, he ended up throwing the girl through the fence. It was a new 6ft picket fence, and she went through it, breaking three or four of the pickets. My dad called 911, stopped the fight, and tried to help the woman. The man threatened to kill my dad before leaving. The woman left with the man. My dad went back in the house, put on his holster and pistol, and went back out to fix the fence. He was on the sidewalk. The police came and talked to my dad, noticed his pistol but didn't say or do anything other than make a report.

I only have a 5ft fence, and people can see me in my backyard. Where I have open carried, and/or cleaned firearms after a range trip.

Both instances look to me to be in violation of that ordinance, correct? Is there anything stopping every city in CA from enacting similar ordinances and killing open carry all together?

SteveH
08-25-2008, 12:58 PM
All,

I just want to second bobbarker's post above. This case is not over but it will not be a Penal Code case.

-Gene

Municode section for weapon in public or weapon in park?

Roccobro
08-25-2008, 1:18 PM
Would they be arresting and pushing this Muni code if it was a lockback folder- legal to own- just like a gun?

Justin

gravedigger
08-25-2008, 2:52 PM
I don't know where everyone else lives, but I am only a stone's throw from Oceanside and the Melrose courthouse. I will be there for any hearing, trial or whatever, as long as I know about it in advance. I don't need much advance notice. A couple of hours will suffice, and I'll drop everything else.

OPD is a police force that sort of makes their own rules, and the Melrose courthouse is full of commissioners and judges who tend to give OPD a wink and a nod when it comes to bad arrests. If something like that pesky U.S. Constitution or the HELLER decision get in the way, it will be an uphill battle to force the highly corrupt (IMHO) judicial "gang" in this county to do the right thing. Still, I do believe bobbarker will prevail.

I am handing out color copies of the "IT IS LEGAL!" flyers to everyone I can. Mostly the reactions are astonishment and surprise, because most Californians have been wrongly led to believe that unloaded open carry is completely illegal under any circumstances.

bobbarker, it is time to involve the people I mentioned earlier. Just say the word and I'll drop by their offices to bring them up to speed. But this is YOUR case, and I'm not a loose canon, so I'll await your directive!

carsonwales
08-25-2008, 3:14 PM
Not yet, but as soon as it has been formalized we'll share it here.

-Gene

I need some clarification on this issue....this is a response to an inquiry to the Oceanside City Attorney (OCA)....

If as the OCA states, "...this was an arrest made by SDSO not OPD"...then why is this still alive?

If the CDA, who has the sole power to pursue SDSO action backed off, and OCA claims they are not on an ancillary pursuit track, and the OCA seems in this response to infer that, unless OPD was the genesis of the charges...he doesn't have a pot to pee in, what the heck is going on...?

Somebody clear this up for me....

I want to nail the lid on this coffin...and let this hero breath easy...

CW

From OCA John Mullen... There is no record of a criminal prosecution filed by this Office against anyone named Sean B. I understand this arrest was made by SDSO not OPD.
John Mullen
City Attorney
City of Oceanside
Phone (760) 435-3979
Fax (760) 439-3877
email Jmullen@ci.oceanside.ca.us

carsonwales
08-25-2008, 3:44 PM
...unloaded open carry is completely illegal (legal) under any circumstances.

Sheep...

hoffmang
08-25-2008, 6:08 PM
Gentlemen,

Chuck Michel and his associate at TMLLP are of counsel on this matter. This case is not yet dead. I don't want to spend too much speculation as the opposition hasn't formalized what it will do and I don't care to assist in their decision yet and would ask that the rest of us here not make it any easier for them either.

Gravedigger: If you have something additional to assist knowing that the full weight of TMLLP and The Calguns Foundation are behind bobbarker aka Sean B., please email or PM me.

-Gene

futureExpat
08-26-2008, 9:24 PM
oceanside is a little far for me to make it to hearings ,etc Is there anything we can do?

phone calls, hand out flyers, etc

gravedigger
09-02-2008, 8:07 AM
Bob, we need to hear from you! What is going on? Any developments? ANYTHING we can do for/with you?

gravedigger
09-02-2008, 8:12 AM
Gentlemen,

Chuck Michel and his associate at TMLLP are of counsel on this matter. This case is not yet dead. I don't want to spend too much speculation as the opposition hasn't formalized what it will do and I don't care to assist in their decision yet and would ask that the rest of us here not make it any easier for them either.

Gravedigger: If you have something additional to assist knowing that the full weight of TMLLP and The Calguns Foundation are behind bobbarker aka Sean B., please email or PM me.

-Gene

I don't know what TMLLP is, but I'm going to the Oceanside City Attorney's office today to respectfully try to get some information about this. I want an answer from them.

6172crew
09-02-2008, 8:13 AM
Bob, we need to hear from you! What is going on? Any developments? ANYTHING we can do for/with you?

I know when BWO was bailed out he was told not to post on Calguns until it was over, this might be the case with Bob.:confused:

CA_Libertarian
09-02-2008, 11:32 AM
Maybe they're looking to prosecute him under
It may come down to whether open carry is expressly authorized by California state statute, whether the state has preempted this regulation, and whether the 2A is incorporated, etc.

That's what it comes down to, and we do have a statute that preempts regulation of firearms. Per Gene's request, we shouldn't discuss the specifics... just rest assured that there is statute and case law that will embarrass this CA if he actually follows through with this.

Smokeybehr
10-11-2008, 10:04 AM
Bump for any updates.

hoffmang
10-11-2008, 10:29 AM
I believe we're in a holding pattern due to deployment.

-Gene

bobbarker
10-15-2008, 5:44 PM
Nope, not due to deployment. As a matter of fact, my deployment is in a holding pattern for the case. Sorry to not keep you guys updated, but there is very little to update. The D.A. passed on the case, the C.A. intends to file charges, and we are waiting for that to happen. as soon as I have any thing new to report, Mr. Hoffman and the Calgunners will be the first to know.(Excluding my Lawyer, but I imagine he'll be telling ME)

Stormfeather
12-02-2008, 1:32 AM
I don't know what TMLLP is, but I'm going to the Oceanside City Attorney's office today to respectfully try to get some information about this. I want an answer from them.


Everyone should know who TMLLP is, do a search here, and once you are done and have the information, put it on speed dial in your phone!

artherd
12-02-2008, 9:19 AM
Give us a ring, we will educate this City Attorney.

Slayer
12-02-2008, 9:22 AM
Good luck Bob! I'll be donating ASAP!!

B.D.Dubloon
12-05-2008, 8:25 PM
That's in San Diego County right? Hopefully the C.A. down there is still Mike Aguirre, the guy is a dumbass. All the cops down there hate him because he spends all his time with his nose in other people's business instead of handling his own. Two friends of mine got possession tickets down there and they both got summons, when they showed up, the CA had lost one of the cases (misplaced) entirely. I was almost in some trouble down there (not guilty, case never would have held up, why it went to the CA instead of DA in the first place) and he missed the 1 year limit. When I went to the police station a year plus later to pick up some of my stuff, the detective had some unkind, but amusing things to say about him. I didn't get the impression he is held in high esteem by L.E. down there.

Hopefully you get lucky too, but I doubt they'll try and stick you hard. As far as I'm concerned a marine in SD open carrying equals another cop on the street.

Good luck,
Dick

GuyW
12-08-2008, 11:34 AM
Aguirre lost his reelection bid for City Attorney of San Diego. He will soon be gone (if not already).

This Marine was in the City of Oceanside. Different City.
.

That's in San Diego County right? Hopefully the C.A. down there is still Mike Aguirre, the guy is a dumbass. All the cops down there hate him because he spends all his time with his nose in other people's business instead of handling his own. Two friends of mine got possession tickets down there and they both got summons, when they showed up, the CA had lost one of the cases (misplaced) entirely. I was almost in some trouble down there (not guilty, case never would have held up, why it went to the CA instead of DA in the first place) and he missed the 1 year limit. When I went to the police station a year plus later to pick up some of my stuff, the detective had some unkind, but amusing things to say about him. I didn't get the impression he is held in high esteem by L.E. down there.

Hopefully you get lucky too, but I doubt they'll try and stick you hard. As far as I'm concerned a marine in SD open carrying equals another cop on the street.

Good luck,
Dick

DDT
01-08-2009, 12:30 PM
Been a month or so. Any word on how the City Attorney's education went?

Seesm
01-08-2009, 9:03 PM
I hope we can get him un tangled and help others open carry...

hoffmang
01-10-2009, 10:06 AM
I'll check in. No news is good news here. To be clear, the DA has completely rejected this case. The only thing that remains is the city attorney attempting to enforce a municipal code.

-Gene

BitterVoter
01-10-2009, 10:12 AM
Good luck on that Mr. CA....Haha!!

bobbarker
01-27-2009, 5:41 PM
Hey guys,
Sorry I've been out for a while. Work has been incredibly busy, and, I've been slacking a bit. But I'm back now. As Mr. Hoffman said No News is good news. We are really just waiting on the CA to do something or reject the case. As of right now, he has done neither.

I really appreciate the support you all have given, and continue to give me. I do ask, however, that you save any phone calls, letters, e-mails, etc. for after the CA has decided to either file charges or reject the case. Once he does either, by all means, blow up that phone, mailbox, and inbox. I know I'll be sending a letter. Thanks a lot guys, and I'll try and bump in here more often to talk about it and answer any questions you can come up with.

gunsmith
02-09-2009, 10:10 PM
I'm bumping this so I can email it to them hoping they'll join calguns and donate...






( I was in the Army, Signal Corp, I aint got no job! )

Liberty1
07-03-2009, 2:44 PM
Hey guys,
Sorry I've been out for a while. Work has been incredibly busy, and, I've been slacking a bit. But I'm back now. As Mr. Hoffman said No News is good news. We are really just waiting on the CA to do something or reject the case. As of right now, he has done neither.

I really appreciate the support you all have given, and continue to give me. I do ask, however, that you save any phone calls, letters, e-mails, etc. for after the CA has decided to either file charges or reject the case. Once he does either, by all means, blow up that phone, mailbox, and inbox. I know I'll be sending a letter. Thanks a lot guys, and I'll try and bump in here more often to talk about it and answer any questions you can come up with.


Happy 4th of July Independence Day bobbbarker! And thank you to ALL Calgunners for standing up for what is Right! :79:

Calguns Foundation FTW!

SteveH
07-03-2009, 5:17 PM
Doesnt the statute of limitations on misdemeanors expire after 1-year?

ke6guj
07-03-2009, 5:25 PM
They have to arrest within the SOL, which, AFAIK, they did. They don't have to have him tried before the SOL runs out. There is a right to a "speedy trial", but that is often waived by the defense so that they can better prepare for the trial.

rynando
07-03-2009, 9:07 PM
I'll check in. No news is good news here. To be clear, the DA has completely rejected this case. The only thing that remains is the city attorney attempting to enforce a municipal code.

-Gene

Oceanside has bigger problems right now . . .

R

KylaGWolf
07-04-2009, 10:01 PM
Gravedigger-Current status is awaiting arraignment on the 15th of this month, that's next Friday. Once we get through that, it will be updated.


Also, I want to thank everyone again for their generosity. You guys are great.

If its down here in SD and open court I will come sit in the araingment for support since I can't donate cash if you want.

E Pluribus Unum
07-04-2009, 10:50 PM
They have to arrest within the SOL, which, AFAIK, they did. They don't have to have him tried before the SOL runs out. There is a right to a "speedy trial", but that is often waived by the defense so that they can better prepare for the trial.

The right to a speedy trial has little to do with statute of limitations. Your right to a speedy trial is 30 days from arraignment if in custody, 45 days after arraignment if released on OR.

Statute of limitations is generally 1 year on misdemeanor charges with some exceptions. Read PC 802 for more info.

So generally speaking... the time limits are:

365 days from complaint to charges.... 30-45 days after arraignment for trial.

ke6guj
07-04-2009, 11:31 PM
I understand a little about SOL, I thought he had already been charged (arraigned) which I meant to say in my previous post, but looking back in the threads, I see that I didn't, and he hadn't. I was thinking that he had been charged, and that people were asking if the trial had to be done within the original SOL, which the answer is NO.

So does this mean that the SOL has expired since apparantly he wasn't charged within one year of the alleged offense by the city attorney?

E Pluribus Unum
07-04-2009, 11:59 PM
I understand a little about SOL, I thought he had already been charged (arraigned) which I meant to say in my previous post, but looking back in the threads, I see that I didn't, and he hadn't. I was thinking that he had been charged, and that people were asking if the trial had to be done within the original SOL, which the answer is NO.

So does this mean that the SOL has expired since apparantly he wasn't charged within one year of the alleged offense by the city attorney?

There are some limitations on SOL. I am not a cop, nor am I an attorney so I do not know all of the ins and outs but I know that in some instances like insurance fraud, it is one year from the discovery of the fraud, not 1 year from the fraud itself. So... if you commit insurance fraud and the fraud is not discovered for 5 years you can still be charged within 1 year of the discovery. Also with child molestation, it is one year from the discovery (or recollection) of the molestation (I believe).

As I said, there are many exceptions and one would need to be a lawyer to know all of them.

In this case, because he was arrested on 07-04-08 that establishes the discovery of the crime to be no later than that date. As a layman I would assume the prosecutor would have until 07-04-2009 to file those charges unless he could find a felony to charge him with.

Mulay El Raisuli
07-05-2009, 10:12 AM
Well, its now been a year & no charges were filed. Does that mean that bobbarker can walk into the cop shop & get his piece back?

Speaking of which, where is bobbarker?

The Raisuli

P.S. I guess this means its just about my anniversary here, since I joined up as a result of bobbarker getting arrested.

fairfaxjim
07-05-2009, 1:49 PM
Well, its now been a year & no charges were filed. Does that mean that bobbarker can walk into the cop shop & get his piece back?

Speaking of which, where is bobbarker?

The Raisuli

P.S. I guess this means its just about my anniversary here, since I joined up as a result of bobbarker getting arrested.

Aparrantly the SOL is up! He's just in another thread: http://www.calguns.net/calgunforum/showthread.php?p=2728203#post2728203

Liberty1
07-05-2009, 1:58 PM
Well everyone, here we are, 1 year later. Since no charges have been filed, I've been told by my attorney at TMLLP that the statute of limitations is now up, and I am "in the clear." There are a few things to take care of yet, like getting my gun back, asking for a finding of factual innocence, and the like. I really appreciate all of the support that I got from everyone here at CGF. Gene and all of the rest of you have been just great. As there are developments with the wrap up portion of this, I'll be letting everyone know on here, especially if there are any problems in the process. :D Again, thank you to everyone, I couldn't have made it through all this without you. I think a very large reason of why there were never any charges filed was because they realized that I had Calguns and TMLLP behind me. You've been great, and once more, Thanks.

congrats! Another CGF Victory. :)

KylaGWolf
07-05-2009, 3:46 PM
Thanks for the update Liberty.

Bobbarker congratulations. I hope that getting your gun back as soon as possible.