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Old 03-13-2005, 7:43 AM
delloro delloro is offline
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"'We note that when the Legislature has determined to limit the exemption of section 12027 to a person while such person is acting in the course of a certain duty, it has done so. Thus, subdivision (a) of section 12027 provides that a person summoned by any peace officer to assist in making an arrest or preserving the peace is exempt "while he is actually engaged in assisting such officer." Likewise, subdivision (c) exempts members of the armed forces "when on duty." Subdivision (e) exempts certain guards and messengers "while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bouillon, bonds, or other thing of value within this state." Likewise, subdivisions (f), (g) and (h) exempt members of shooting clubs, licensed hunters or fishermen, and members of antique gun clubs during the period they are engaged in such activities." (78 Ops.Cal.Atty.Gen. 209 (1995)[citing 63 Ops.Cal.Atty.Gen. 385 (1980)].)

One published case cited the section, but it was dicta, as it was a search and seizure case, and the defendant had given consent. Bear in mind that the above opinion is not really on point, and AG opinions are not binding on courts, though they are persuasive.

P.C. section 12027(g) was added in 1953, and amended in 1996. I did not check for citations before 1953.

DFG doesn't care about this - the AG does. They are the ones to call and ask.


Basura Blanca, you said: "...DON'T go packing down in P.B. - you will likely get arrested for doing so (if found out) as it is well within the city limits."

What does city limits have to do with this?
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