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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#42
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Nope. It was a seizure. Their own press release confirms it.
California Penal Code Section 33800 states: Quote:
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. 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. |
#43
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Qualified immunity. Remember that for a cop, but not joe citizen, a claim of "honest mistake" is a shield against prosecution. Even if the seizure was in fact malicious and calculated to harm the owner (LEGR fees, legal costs, and time spent without possession) I doubt you could prove it.
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#44
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The plaza is a pretty chill place, and I walked around with a fencing foil there, and if I had had a sword I would have carried that. I probably wouldn't have walked around there with an AR, but if it wasn't illegal then I hope CGF can help this fellow. |
#45
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Could such an arrangement somehow result in a conspiracy charge?
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May all your enemies be on full-auto Jeff Cooper
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#46
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I understand this, but how many times has someone been told they're under arrest, then been told later they were only detained.
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DILLIGAF "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice" "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action" "The flak is always heaviest, when you're over the target" |
#47
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I have a curious question...lets say this leads to a lawsuit. Why not sit the other side down once it starts and they realise they are going to loose. Then offer them a deal, lawsuit gets dropped, IF the offending officer is dismissed from the force and bared from being rehired? Do that in enough lawsuits, and the cops are going to get the hint...back off or you loose your job.
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"Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man - Thomas Jefferson |
#48
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Hopefully it gets cleared up real quick.
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Gun control is a 1" group at 500 yds! |
#49
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Because they are in powerful unions, among other things.
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"If men were angels, no government would be necessary." - James Madison, Federalist No. 51 (1787) |
#50
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They wanted to charge him with a felony? Is that threatening or what? You know what that means... no more gun rights, right?
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"If men were angels, no government would be necessary." - James Madison, Federalist No. 51 (1787) |
#52
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(And on another note 'loose' is why we have string attached between a child's tooth and a doorknob for. 'Lose' is what we get when we dont win.)
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Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche |
#54
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Not until January 1st, 2013.
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Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche |
#56
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We all respect your right to have feelings. Our rights don't end where your feelings begin. They never have, they never will. Go find the X in the top right hand corner of this window, and click it.
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Hunting is a loophole in the 2nd Amendment to the Bill of Rights. There is no privilege to keep and bear arms. Arms are for killing people. All other uses of an arm are illegitimate uses. |
#59
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since when has the law mattered?
when determined there was not an illegal firearm, or an illegal act committed, it should have been handed back to him.
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NRA life member, US Army Veteran i am a legend in my own mind... we are told not to judge muslims by what a few do...yet, the NRA membership and firearms owners are ALL considered as radical... "The second amendment ain't about your deer rifle..." |
#60
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This |
#61
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#62
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I hope you mean a LEO instead of a COP. Is hate to have my COP seized. COPs are pretty expensive, rare and off roster handguns.
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NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor California DOJ Certified Fingerprint Roller Ventura County approved CCW Instructor Utah CCW Instructor Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners. CCW SAFE MEMBERSHIPS HERE KM6WLV |
#63
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APD believes that the seized rifle is an 'assault weapon', in spite of the presence of a bullet button and non-detachable magazine.
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Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche |
#64
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This is what they will use to say "we no longer need to retrain anyone". We all know this will go no where before that date.
BUT "we're winning" |
#65
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Hopefully the rifle's owner was not masked or had his identity disguised by a costume as that is illegal when posessing a firearm in public.
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"You keep using that word. I do not think it means what you think it means." "What we get away with isn't usually the same as what's good for us" "An extended slide stop is the second most useless part you can put on a 1911" "While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also, although I suppose there are a few tanks which I owe an apology to for that remark" |
#66
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I stopped at a country store for a soda while turkey hunting and I was told by a LEO that my camouflage makeup was illegal.
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#67
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What? You just forgot to say "trick or treat"
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#68
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Half of the population has an IQ which is lower than the average. Some of those manage to become LEOs.
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NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor California DOJ Certified Fingerprint Roller Ventura County approved CCW Instructor Utah CCW Instructor Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners. CCW SAFE MEMBERSHIPS HERE KM6WLV Last edited by CSACANNONEER; 11-03-2012 at 11:48 PM.. |
#69
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I wonder what vaders, LEO who he encountered would say to a playboy playmate full of make up in that same store?
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#70
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*You can own an OLL in CA with little fear of being arrested (and know that if you are arrested, CGF will sue every motherf**ker in the room) *You can use that OLL with a bullet button instead of having to do something stupid like weld the magazine to the receiver. *You can configure that OLL in a featureless setup with things like grip wraps, MMGs, hammerheads, etc *You can buy rebuild kits and use them to repair your lawfully possessed pre-2000 magazines, to permanently make 10 rd magazines, or keep them for use out of state *SB249 was resoundingly defeated by a grassroots coalition *If you live in Sacramento county, you can now get a LTC with "self-defense" as your good cause *You have a fundamental enumerated constitutional right to own firearms for lawful purposes, including self defense (Heller) *That right is incorporated against the states (McDonald) *You can get off-roster handguns via SSE sales *You can get AR/AK/etc pistols via SSE + bullet buttons Woe is me, we must be losing or something! Shall I go on? :P |
#72
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CGN needs a LIKE button next to the Quote button.....
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#73
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Not to undermine your comment, (because I agree with it) but just playing devil's advocate- these same people would say that by openly carrying it, that the person with the rifle created the opportunity for a search under the plain view doctrine via 12031 inpection. This too, would be wrong, because a 12031 loaded check is NOT a search, but a brief inspection to check just one thing- and that is whether the firearm is loaded per the statutory definition of what consitutes a loaded weapon.
It's really simple regardless of whether or not you agree with the method of carry. This applies in this circumstance as well as shooting on public land.
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Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche |
#75
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Last few times I drove through Arcata on the way to visit family and Pac_Nor Barreling in Brookings, I came to the conclusion that Arcata had transformed into a picturesque free-range asylum.
On one occasion the wife and I stopped for lunch, only to be surrounded by the cloying stench of marijuana smog, most likely coming from the "Joint" Drug Task Force incinerator, "Whoa dude, this is some town!" I remarked in my best Cheech Marin impersonation. We ate, but were still hungry when we left. On another trip through, a long haired wimpy boy with a Humboldt State decal on his barely running Toyota pickup swerved at my truck, flipping me the bird and honking his horn. Must have been my "Drill American Oil" bumper sticker. The entire town appeared to be making ready for a Grateful Dead concert, now at least I know where the population of Laytonville disappears to on EBT card replenishment days. Carry an AR-15 in Arcata? Dude, it oughta be mandatory. |
#76
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-Brandon
__________________
Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. 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. |
#77
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*If it weren't for the CA AWB, there'd be no such thing as an OLL, and all AR-15s/AKs/etc. would be legal to own. *If it weren't for the CA AWB, there'd be no need for a bullet button, and standard mag releases would be legal on rifles with "evil" features. *If it weren't for the CA AWB, there'd be no need for magazine rebuilds, and standard cap magazines would be legal to purchase, sell, import, and manufacture. There'd be no such thing as "pre-ban." *SB249, Sac LTC, Heller & McDonald - I'll give you those. *If it weren't for the CA roster, we wouldn't have to search around for a FFL that does SSE on the particular firearm we want, and we'd be able to buy whatever handgun we wanted, without modification. |
#78
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Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche |
#79
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as to how effective that person could bring the weapon into a fight- have you ever tried doing a fast mag change with a BB AR? one where the weapon was slung and not in your hands and ready to go? the standards for shooting someone is if they are a threat within 25ft. Do you think you could beat someone rushing you at that distance? I get the 2A angle, but I think there was an big lack of good judgement in this particular incident. It doesnt help expand gun rights by doing that. Sheeple are terrified of Airsoft guns already....
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#80
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SEE: Richards v Harris & Pena v. Cid Justice moves slowly, but it does move.... If it weren't for the efforts of CGF Board Members, you wouldn't have OLL or bullet buttons at all. All it takes is DONATIONS to keep moving forward.....
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