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Old 11-24-2012, 11:48 AM
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kcbrown kcbrown is offline
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Originally Posted by Dantedamean View Post
Ya thanks man, Brandon posted the same thing. It seems to be just a defense after your already arrested.
In general, the self-defense exemptions to the laws in California regarding firearms in public are of the worthless "gun magically appears in your hand when you need it" variety. They are essentially worthless because they cover only the brief period of time during and immediately before the actual use of the firearm for self-defense. They don't cover any time prior to that, and any prosecutor worth anything would be able to nail you on the logical inference that you must have violated the law for the gun to have been in your possession at the time you needed it.

Remember: the prosecutor only has to prove beyond a reasonable doubt, and that can be accomplished as much through solid logical inference as it can through direct evidence. He'll also be dealing with a California jury, which means he'll be dealing with a bunch of people who are more likely than not to look upon the possession of a firearm in public by mere mortals with disapproval.
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

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