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ZorroGunz
07-22-2008, 10:32 PM
Needed for felony arrest case in Los Angeles County. ASAP

PM please

Liberty1
07-22-2008, 10:36 PM
Try these folks for So. Cal. http://trutanichmichel.com/

tombinghamthegreat
07-22-2008, 11:05 PM
Another one? anyway may want to post on opencarry.org.

E Pluribus Unum
07-23-2008, 2:27 AM
Another one? anyway may want to post on opencarry.org.

If it is felony arrest for 12025, he is probably a prohibited person, or near a school... else it would probably be a misdemeanor.

Theseus
07-23-2008, 2:49 AM
If it is felony arrest for 12025, he is probably a prohibited person, or near a school... else it would probably be a misdemeanor.

I don't know if its the same guy, but there was one on opencarry.org

http://opencarry.mywowbb.com/forum12/13923.html

They have now removed his remarks. Don't carry unless you already have the number of a good lawyer!

Waingro
07-23-2008, 3:00 AM
^^ LOL @ your sig - soon it will be a month without you getting arrested! get one of those timers that count up saying "DAYS I HAVE NOT BEEN ARRESTED FOR CARRYING AN UNLOADED GUN IN PLAIN SIGHT"

ohsmily
07-23-2008, 8:47 AM
ETA: Don't work and type on CalGuns at the same time, it leads to stupid errors like the one below.

He never said anything about firearms. 12025 (should say 12020) is a rather lengthy PC section. He could have been arrested for a concealed knife (dirk or dagger) or for possessing metal knuckles or some other ridiculous thing.

MudCamper
07-23-2008, 8:49 AM
He never said anything about firearms. 12025 is a rather lengthy PC section. He could have been arrested for a concealed knife (dirk or dagger) or for possessing metal knuckles or some other ridiculous thing.

No, that's 12020. 12025 is concealing a handgun.

Fjold
07-23-2008, 9:03 AM
12025 is pretty short:

12025. (a) A person is guilty of carrying a concealed firearm when
he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section is
punishable, as follows:
(1) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(3) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
(6) By imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment if
both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded as defined in subdivision (g) of Section 12031.

(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
(c) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(b) is met.
(d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
12001.6 shall be punished by imprisonment in a county jail for at
least three months and not exceeding six months, or, if granted
probation, or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned in a county jail for at least three months.
(2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by this
chapter, if probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
(e) The court shall apply the three-month minimum sentence as
specified in subdivision (d), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition.
(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(g) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(h) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1, 2005,
and as of that date shall be repealed.



12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety. This section may not apply when the circumstances
involve a mutual restraining order issued pursuant to Division 10
(commencing with Section 6200) of the Family Code absent a factual
finding of a specific threat to the person's life or safety. It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.

Brooke
07-23-2008, 11:33 AM
12025 is pretty short:

Doncha just love that *that* is considered a short section ... LOL

Matt C
07-23-2008, 11:35 AM
Most likely guess would be that the pistol was not registered. Call tmllp.com (tmllp.com)

Liberty1
07-23-2008, 11:48 AM
Most likely guess would be that the pistol was not registered. Call tmllp.com (tmllp.com)

BWO,

This is curtesy of the department which showed you so much love:p.

The firearm was properly registered and lawfully transported.

Matt C
07-23-2008, 11:53 AM
BWO,

This is curtesy of the department which showed you so much love:p.

The firearm was properly registered and lawfully transported.

Well WTF then. You would think there was no actual crime in LA, so they had to keep arresting innocent folks to justify their budgets. Maybe it's easier to make a crime up then actually find one?:mad:

ohsmily
07-23-2008, 12:12 PM
No, that's 12020. 12025 is concealing a handgun.

Gawd, working too hard and read too fast. I am very familiar with both.

Anyway, if you are the registered owner of the handgun, and it is your first offense and you weren't committing any other crimes at the time, the offense should be charged by law as a misdemeanor.

Casual Observer
07-23-2008, 3:00 PM
Anyway, if you are the registered owner of the handgun, and it is your first offense and you weren't committing any other crimes at the time, the offense should be charged by law as a misdemeanor.

Also, you must not meet the legal definition of a gang member.

sorensen440
07-23-2008, 3:06 PM
Also, you must not meet the legal definition of a gang member.

isnt Calguns considered a gang? :p

ar15barrels
07-23-2008, 3:18 PM
Also, you must not meet the legal definition of a gang member.

OK, I'll bite...

What's the legal definition of a gang member?

KDOFisch
07-23-2008, 3:20 PM
isnt Calguns considered a gang? :p

Just because Liberty1, saigon, BWO, Mach69, ogisan and like ten other guys, myself included were Hellerbrating last month with a good steak dinner, laughs, stories and in my case 10 year old Laphraoig afterward does not make us a gang.:D

E Pluribus Unum
07-23-2008, 3:44 PM
Gawd, working too hard and read too fast. I am very familiar with both.

Anyway, if you are the registered owner of the handgun, and it is your first offense and you weren't committing any other crimes at the time, the offense should be charged by law as a misdemeanor.

Which is why I said he is probably a prohibited person, or close to a school.

I am not saying a felony arrest isn't possible... often people are arrested for one thing, and charged for another.

OK, I'll bite...

What's the legal definition of a gang member?

It is covered in PC 186.22:
(a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.

ar15barrels
07-23-2008, 3:55 PM
PC 186.22:
(a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.

So why don't we just lock up all the gang members?
Lack of evidence?

eta34
07-23-2008, 4:11 PM
BWO,

This is curtesy of the department which showed you so much love:p.

The firearm was properly registered and lawfully transported.

And you know this how?

Liberty1
07-23-2008, 4:42 PM
And you know this how?

don't really I wasn't there;)

tankerman
07-23-2008, 6:20 PM
So why don't we just lock up all the gang members?

OK!

jacques
07-23-2008, 6:28 PM
So why don't we just lock up all the gang members?
Lack of evidence?

They do round ups here, like before 4th of July, or Fiesta. They just do a sweep and put all the "known: gang members in jail for the weekend so they can't cause any trouble.