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View Full Version : Open Carry: Charges Not Brought - Chino Marine Case


hoffmang
07-18-2008, 9:41 AM
Charges were dropped in People v. Lin in Chino. Lcpl. Lin was a US Marine as well, but please don't confuse this with the Oceanside case regarding Sean B.

Here is a statement from Chuck Michel at TMLLP:

Our office was recently retained by Lcpl. Lin of the US Marine Corps
regarding a citation he received in Chino for carrying a "loaded"
firearm in public.

Calguns Foundation has been assisting with his defense.

The firearm was not "loaded" under California law. Under 12031 PC a
firearm is "loaded" when there is ammunition within the firearm in a
position where the ammunition can be fired. People v. Clark (http://www.hoffmang.com/firearms/People-v-Clark-(1996).pdf).

Unfortunately, the Chino Police officer who cited Lcpl. Lin apparently
was unfamiliar with the law.

We placed several calls to the police department and to the San
Bernardino District Attorney's Office leaving messages about the case
and the law.

Not certain if our persistence had anything to do with it, but the DA
has rejected the case and refused to file the case.

We will assist in getting the client's gun back if necessary. He has
already submitted a LEGR.

Chuck Michel

Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.

However, congratulations to Lcpl. Lin and please support Sean B. by donating (http://www.calguns.net/calgunforum/showthread.php?t=110805) to the Calguns Foundation.

-Gene

KDOFisch
07-18-2008, 9:52 AM
Maybe the Chino DA could call up the Oceanside DA and have a little chat?

Liberty1
07-18-2008, 10:33 AM
One down one to go!!! Keep giving to support Marine Sean B. in his false arrest in Oceanside!!

Turbinator
07-18-2008, 10:48 AM
Good outcome. Thanks for posting this.

Turby

Ironchef
07-18-2008, 11:07 AM
Maybe the Chino DA could call up the Oceanside DA and have a little chat?

And maybe we can send them both the Sacramento PD memo (http://www.calguns.net/calgunforum/showthread.php?t=111324)!

Subvertz
07-18-2008, 3:48 PM
Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.


Do you think we should hold off on the open carry lunch in San Diego sunday?

HowardW56
07-18-2008, 3:51 PM
Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.

-Gene

I agree with Gene... I wouldn't push the open carry issue, yet...

Saigon1965
07-18-2008, 3:58 PM
Do you think we should hold off on the open carry lunch in San Diego sunday?


I think this is different than a single OC out and about town. The PD in SD have been notified and from what I read in that thread, there will be some police present at the luncheon.

tombinghamthegreat
07-18-2008, 4:09 PM
Looks like we should donate more money to the calguns foundation.

ivanimal
07-18-2008, 4:33 PM
Looks like we should donate more money to the calguns foundation.

True. We are stronger when we stick together.

Diabolus
07-18-2008, 5:07 PM
True. We are stronger when we stick together.


Great advice.

69Mach1
07-18-2008, 5:50 PM
That's great to hear, but sad that another person had to get reamed through the justice system because of other peoples incompetence.

hoffmang
07-18-2008, 7:35 PM
Do you think we should hold off on the open carry lunch in San Diego sunday?

Because this has been well organized and it appears the local LEA is informed, I don't think you should call it off. That said, please be very careful and double check both the Municipal Codes and the distance from a school zone.

-Gene

Subvertz
07-18-2008, 7:41 PM
I think we have that covered, I'll triple check now!

eow12212012
07-18-2008, 7:52 PM
Charges were dropped in People v. Lin in Chino. Lcpl. Lin was a US Marine as well, but please don't confuse this with the Oceanside case regarding Sean B.

Here is a statement from Chuck Michel at TMLLP:


Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.

However, congratulations to Lcpl. Lin and please support Sean B. by donating (http://www.calguns.net/calgunforum/showthread.php?t=110805) to the Calguns Foundation.

-Gene

Great news, I hope he gets his property back.