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Old 10-10-2012, 1:37 PM
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BigDogatPlay BigDogatPlay is offline
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Originally Posted by mej16489 View Post
The authority for an e-check (now b-check) is clearly grounded that:
1) The LEO must know there is a gun.

2a) in public place in an incorporated city.
2b) in a public place of unincorporated territory where shooting is prohibited.

So, presuming for a moment that the LEO knew there was a gun, either 2a or 2b must also be satisfied in order for a loaded-check to occur.
The OP was leaving a firing range where firearms are used. Other than that we can only speculate to his/her observations. OP was in a place open to the public where shooting is prohibited (he was no longer on the range). If the deputy can reasonably articulate that OP was transporting firearms, that can justify the check under 25850(b), IMO.

I'm not saying the deputy was right or wrong in doing so, it does seem a bit fishy, but I'm saying it can be articulated.

There is no legislated authority for a LEO to generically inspect a firearm (without reasonable suspicion of a crime) other then the above.
While you are generally correct (see F&G code for some legislated authorities) I'm not sure I see your point here, assuming that the check was within bounds of 25850(b).
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Not a lawyer, just a former LEO proud to have served.

Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison
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