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View Full Version : A Question on Prohibited Categories.


SilverTauron
02-11-2012, 8:57 PM
In reviewing the California criterion for prohibited categories ,there was a law that I am very curious about.The following offense:


Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen. Code, 148(d).)

....is a misdemeanor that is grounds for permanent loss of gun rights in your state. How does this law apply to over-zealous LEOs out for an easy gun bust?

Say you go shooting at the range and a lawman rolls up to do a "Compliance Inspection" on your firearms. Knowing your rights you decline permission to search and pack up to leave the premises. If I read that statute correctly , doing so would be a crime that could be used to bar your gun rights permanently, since leaving the range to avoid an unconstitutional inspection of your firearms would be interpreted as "taking a firearm from the person or immediate presence of a peace officer".


Is that an honest interpretation, or is this incorrect? I surely hope I have made a mistake here, otherwise it puts an honest shooter in a noteable dilemma should a Gendarme demand a look at said shooter's collection.

The rest of the prohibited categories are listed at this link :http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/prohibcatmisd.pdf

Lives_In_Fresno
02-11-2012, 9:16 PM
Fair hypothetical, but lets not create a problem that hasn't been an issue.

You also have to continue reading the rest of the section, to understand what it applies to...

"In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred:"

etc.

It clearly applies to taking the Officer's Firearm....

BigDogatPlay
02-11-2012, 9:27 PM
It clearly applies to taking the Officer's Firearm....

^^^ This ^^^

Bagging your gun at the range when a LEO happens to walk by is not a violation of that statute. One must be actively resisting, obstructing or delaying the officer in the performance of their duty AND try to take away their sidearm or a long arm under their control.

The best path is to be in compliance, let the officer look if he wants to and then go about your business.

Doheny
02-11-2012, 10:11 PM
It clearly applies to taking the Officer's Firearm....

That's assuming one lives through the experience.

forgiven
02-11-2012, 10:48 PM
That's assuming one lives through the experience.

Amen to that!!

bigcalidave
02-12-2012, 8:26 AM
The best path is to be in compliance, let the officer look if he wants to and then go about your business.

Why is it the best path to let them inspect your firearms, at a range no less where they are obviously loaded?