11-18-2012, 10:04 AM
I need a LIFE!!
Join Date: Nov 2008
Not much of one; an affirmative defense.
26045. (a) Nothing in Section 25850 is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that any
person or the property of any person is in immediate, grave danger
and that the carrying of the weapon is necessary for the preservation
of that person or property.
(b) A violation of Section 25850 is justifiable when a person who
possesses a firearm reasonably believes that person is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person who has
been found to pose a threat to the life or safety of the person who
possesses the firearm. This subdivision 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 a defendant charged with
violating Section 25400 or committing another similar offense. Upon
trial for violating Section 25850, the trier of fact shall determine
whether the defendant was acting out of a reasonable belief that the
defendant was in grave danger.
(c) As used in this section, "immediate" means the brief interval
before and after the local law enforcement agency, when reasonably
possible, has been notified of the danger and before the arrival of
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My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.