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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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  #1  
Old 12-23-2009, 6:29 PM
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Smile Just in Time for Christmas . . . Yet Another Win for The Calguns Foundation!

12/23/2009

In September 2009, the CGF received an urgent call from a young man who was arrested by Los Angeles County Sherriff’s Department deputies in the Long Beach area for violation of Penal Code section 12025 (a) – i.e., carrying a concealed pistol, revolver, or other firearm capable of being concealed upon the person in his vehicle.

However, there were two major problems with this arrest:

First, the Department of Justice website states: Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. (See http://www.ag.ca.gov/firearms/travel.php).

And, second, the firearms prohibited from being concealed according to Penal Code section 12025 are defined as handguns under California law:
As used in this title, the term "handgun" means any "pistol," "revolver," or "firearm capable of being concealed upon the person." (PC 12001(a)(2).)
According to the police report, the 19 year-old Cal State University Long Beach college student, and two of his friends were in a Long Beach industrial area late at night performing experiments with legal compressed air devices.

When they were done for the night and leaving the area, they were pulled over by multiple Los Angeles Sheriff’s units, who ordered them out of the student’s pickup truck at gun point, cuffed them, and searched the truck. The deputies then told the student that they were responding to a “shots fired” complaint and asked him if he had a firearm in the vehicle.

He informed the LASD deputies that he had a shotgun in the cab, a Mossberg 500, which was unloaded and under the seat. He had no ammunition and informed the deputies as much. The deputies then asked him how many rounds he had fired through it that night, the student explained that caller must have heard the noise from the experiments, showed the deputy the legal device used in the experiments, and informed them that he and his friends were not firing the shotgun.

The bottom line is that the LASD took him to the station, with the shotgun, held him until morning, cited him for concealed carry with a court date in Compton and released him on his own recognizance. They kept the shotgun as “evidence.”

Upon contacting The Calguns Foundation, Inc. and explaining the situation, the CGF Board unanimously agreed to fund the student’s criminal defense and retained Jason Davis of Davis & Associates to represent him.

At the initial arraignment, Mr. Davis contacted the Deputy District Attorney and explained that Penal Code section 12025 does not apply to long guns (such as shotguns) . . . unless they are “short barreled.”

The Deputy District Attorney seized upon the fact that the language does not clearly eliminate application to shotguns.

And in addition, the District Attorney informed Mr. Davis that they would add another count of 12025 for possession of the “compressed air” device if Mr. Davis persisted in attempting to defend this case.

Mr. Davis not only persisted but informed the District Attorney’s office that they were not only wrong on the shotgun, but wrong on the “compressed air device” as well.

A “compressed air” device simply cannot be deemed a firearm under Penal Code section 12001, which requires a device to expel a projectile through an explosion or other form of combustion. Mr. Davis advised the District Attorney’s office to take another careful look at the charges and reconsider dismissing the complaint.

The arraignment was then postponed, and no additional counts were brought.

At the second arraignment date, Mr. Davis provided the Los Angeles District Attorney’s office with hundreds of pages of information in support of the common sense position that the terms “handgun,” “pistol, revolver, or other firearm capable of being concealed upon the person” simply do not include shotguns. Mr. Davis even included a copy of the entire “dangerous weapons law” with each and every occurrence of the terms “handgun,” “pistol,” “revolver,” and “other firearm capable of being concealed upon the person,” highlighted in yellow so as to demonstrate the absurdity of the position that a standard shotguns is the same as a “handgun,”

This crazy position would require shotguns to be placed on the list of handguns deemed not unsafe and require a handgun safety certificate for the purchase of shotguns.

At this point the matter was escalated to a higher level Deputy District Attorney, presumably one who is not pre-programmed to think all firearms and the persons possessing them are bad. Unfortunately, this was not the case. The first words out of the new Deputy District Attorney’s mouth were, “Do you want your client to be prosecuted with a felony?”

Clearly, this comment was a threat aimed at Mr. Davis’ challenge to the DA’s position. At this point, Mr. Davis continued to challenge the merits of their case and explained the documents that he provided to them. The arraignment was continued again to allow the Deputy District Attorney to digest the information provided.

Last Friday, at the third arraignment date, the Deputy District Attorney took the position that the law is not clear and may well include long guns – but stated that they could not proceed on the facts.

At that time, Mr. Davis made his motion to the court to dismiss the Complaint prior to arraignment and the Court granted that motion. Case dismissed!

Now Mr. Davis and the client are working on getting his firearm returned. CGF will keep you updated as to those results!

-Kevin.

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Last edited by artherd; 12-25-2009 at 12:35 AM..
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  #2  
Old 12-23-2009, 6:34 PM
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Good job CGF....Fight fire with Fire!
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  #3  
Old 12-23-2009, 6:36 PM
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Another CGF/Davis win for the good guys - well done gents!
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  #4  
Old 12-23-2009, 6:40 PM
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Good news! Thanks CGN Foundation!!!!!!

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  #5  
Old 12-23-2009, 6:44 PM
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It disturbs me that the prosecutor threatened the defendant with additional charges for having the audacity to defend himself in court.

Three cheers for CGF and Mr. Davis! Hooray for the defendant, for calling The Right People for his defense!

And a big ol' stink-eye to LASD and the DAs for being such jerks!
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  #6  
Old 12-23-2009, 6:45 PM
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Excellent! Let's hope he gets his Mossberg back right quick. They should clean & oil it for him
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  #7  
Old 12-23-2009, 6:47 PM
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Great News! Thanks CGF .
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  #8  
Old 12-23-2009, 6:47 PM
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I love it. Good job CGF!

But you gotta love the DA "If you challenge my authoritah, I will strong-arm you into compliance."
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  #9  
Old 12-23-2009, 6:47 PM
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Good job, Jason! I was the Calgunner's first point of contact on this matter and I'm really pleased to see this coming to such a positive conclusion for him.

Sad state of affairs that we have so many people on the public payroll who threaten first and think second. Perhaps a complaint to the State Bar might be in order as well. Put the accuser in the position of the accused. Perhaps that will inhibit such cavalier conduct in the future.
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  #10  
Old 12-23-2009, 6:50 PM
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Great job CGF!!!





and for this

Quote:
Originally Posted by oaklander View Post
Unfortunately, this was not the case. The first words out of the new Deputy District Attorney’s mouth were, “Do you want your client to be prosecuted with a felony?”

There isn't a sentence that i will be able complete without serious intervention by the word filter.......
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Old 12-23-2009, 6:51 PM
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Awesome!!!
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  #12  
Old 12-23-2009, 6:53 PM
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Quote:
Originally Posted by 383green View Post
It disturbs me that the prosecutor threatened the defendant with additional charges for having the audacity to defend himself in court.

Three cheers for CGF and Mr. Davis! Hooray for the defendant, for calling The Right People for his defense!

And a big ol' stink-eye to LASD and the DAs for being such jerks!
Agree... I cant believe they were trying to threaten him for trying to defend himself..
Good job CGF
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  #13  
Old 12-23-2009, 6:54 PM
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Indeed, Paratus et Vigilans.
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  #14  
Old 12-23-2009, 6:55 PM
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Great job. They must have been shocked when Mr. Davis didn't fold when they threatened a felony.
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  #15  
Old 12-23-2009, 6:55 PM
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...........
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  #16  
Old 12-23-2009, 7:04 PM
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You guys are awesome!! Great job Jason! Now hopefully they give him his shotgun back in a timely manner.

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  #17  
Old 12-23-2009, 7:05 PM
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Nice going CGF. -g
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  #18  
Old 12-23-2009, 7:15 PM
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Nice, another win for the good guy!
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  #19  
Old 12-23-2009, 7:22 PM
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thank God & greyhound for CGF!
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  #20  
Old 12-23-2009, 7:28 PM
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[QUOTE=383green;3538982]It disturbs me that the prosecutor threatened the defendant with additional charges for having the audacity to defend himself in court.


Yea....because you are automaticly guilty until proven innocent. Happy to read a happy ending.....
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  #21  
Old 12-23-2009, 7:28 PM
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wow...what would have been gained by the DA pursuing this? what a-holes! glad to see common sense from the judge prevailed.
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  #22  
Old 12-23-2009, 7:29 PM
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Wow, great job you guys!

These two aspects really tick me off:

Quote:
Originally Posted by oaklander View Post
And in addition, the District Attorney informed Mr. Davis that they would add another count of 12025 for possession of the “compressed air” device if Mr. Davis persisted in attempting to defend this case.
Quote:
Originally Posted by oaklander View Post
The first words out of the new Deputy District Attorney’s mouth were, “Do you want your client to be prosecuted with a felony?”
The last time I checked, 6A still lists "to have the Assistance of Counsel for his defence" as a right, and I can't remember any powers granted to government allowing them to take retribution against you when you exercise that right
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  #23  
Old 12-23-2009, 7:29 PM
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Great work CGF !!
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  #24  
Old 12-23-2009, 7:30 PM
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CGF FTMFW! HOLY CRAP!

I can't believe that these people are so WILLING to be IGNORANT! What is even more disturbing is the willingness to ruin a young guy's life on non-criminal activities! It is quite sickening and disturbing, to say the least.

The geek in me wants to know what is up with the compressed air devices. The guy must be an engineering student of sorts.
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Old 12-23-2009, 7:33 PM
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Got to LOL at the statement the Deputy District Attorney made after he new he losted "took the position that the law is not clear and may well include long guns – but stated that they could not proceed on the facts." Hes an anti.......
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  #26  
Old 12-23-2009, 7:35 PM
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My congratulations to the Calguns Foundation and Jason Davis for a job well done. Today the reality is that our rights are blatantly infringed by misguided and even not so misguided legislators.

They don't think twice about the burdens they place on citizens, and the ramifications in the form of abuse that citizens must bear because of rogues who are more than willing to distort already bad laws for the worse. It's like complete amateur hour at LA County, and likely worse than that in this case, to our detriment.

The actions by these deputy district attorneys and the arresting officers who should know better are contemptible. They reflect poorly on the good people who actually serve the public.

Most would not believe it were it not for this post. Situations like this make you wonder how these public servants have made it so far. To think that we have such honest and caring people serving at the tax payers expense is very disturbing.

Still, the future is very bright. It's like the stars are aligning for gun owners in California.
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Old 12-23-2009, 7:36 PM
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Jason Davis AKA Pit Bull. The names of those Deputy DA's should be well publicized. How can they be trusted to enforce the law if they don't understand the law. What other legal concepts, besides gun law, are they deficient on.
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Old 12-23-2009, 7:38 PM
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Just wow! Congratulations!
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  #29  
Old 12-23-2009, 7:41 PM
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woot!
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  #30  
Old 12-23-2009, 7:46 PM
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Excellent, well done.

Amusing statement from that DA. He can't proceed on the facts. No, because they obviously demonstrate that no crime was committed.
Imagine what would have happened to this gunny without a good lawyer. Frightening.
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Old 12-23-2009, 7:47 PM
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Quote:
Originally Posted by Hopi View Post
There isn't a sentence that i will be able complete without serious intervention by the word filter.......
Yup, and folks who live down in the LA area should consider complaining to the DA. Here is his web site:

Quote:
The District Attorney has been relentless in his pursuit of public corruption and of lawbreakers within the justice system. He created the Public Integrity Division that has prosecuted politicians whose misconduct had gone unpunished for years. For his work in this area and others, Mr. Cooley and LADA have received numerous awards and commendations. He also formed the Justice System Integrity Division, which holds judges, attorneys, police officers and others working in the justice system accountable if they break the law. Its motto is, “No one is above the law, especially those sworn to uphold it.”
If you follow the link to his Justice System Integrity Division, it says this:

Quote:
When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions...JSID investigates and prosecutes any allegation of criminal misconduct by an attorney practicing civil or criminal law. This applies to crimes directly attributable to his or her fiduciary duties (Example: theft from a client’s trust fund), as well as criminal acts that bear no relationship to his or her role as an attorney (Example: illegal drug possession). JSID responsibilities also include cases of attorneys who practice law while disbarred, suspended or otherwise ineligible to lawfully practice law.
His deputy DA employees need a good ash-kickin or worse for their handling of this case.
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  #32  
Old 12-23-2009, 7:48 PM
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Great jod CGN Foundation.
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Old 12-23-2009, 7:59 PM
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Well done to Mr. Davis and the CGF!

It still tweaks me that the Gov't can be so wrong, and still create these situations that tie up people's lives for so long, and in most cases cost someone a lot of money!

And on top of that, we have to file and go through another arduous process to get the dang guns back!!!
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Old 12-23-2009, 8:01 PM
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Quote:
Originally Posted by GrizzlyGuy View Post
Yup, and folks who live down in the LA area should consider complaining to the DA. Here is his web site:



If you follow the link to his Justice System Integrity Division, it says this:



His deputy DA employees need a good ash-kickin or worse for their handling of this case.
Definitely. Misconduct should not be allowed to pass without challenge. Especially with these anti-gun DAs that are looking to crucify anyone with a gun whilst ignoring the defendant's rights.

This guy never should have been arrested, much less charged, and then threatened with a felony trump-up for defending himself?

That DA is the criminal in this scenario. Just like the judge and the DA in Theseus' case.

I'm sending some dough to CGF.
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Old 12-23-2009, 8:03 PM
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Quote:
Originally Posted by Legasat View Post
And on top of that, we have to file and go through another arduous process to get the dang guns back!!!
...ought to sue the cop and DA in Small Claims Court for unlawful harrassment leading to financial loss....

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Old 12-23-2009, 8:04 PM
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Jason has got some serious moxy! Great Job!
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Old 12-23-2009, 8:10 PM
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Quote:
Originally Posted by oaklander View Post
the 19 year-old Cal State University Long Beach college student, and two of his friends were in a Long Beach industrial area late at night performing experiments with legal compressed air devices!
Great job CGF, but we need to tell people, if you are going to experiment with your legal compressed air device late at night in an industrial area adjacent to a major population center, leave your empty gun at home.

I know he didn't do anything illegal except possibly disturbing the peace but CGF had to spend money on this. Maybe this is one of the surprises that Gene has mentioned but I don't see this dismissal changing anything for gun owners beside the individual who was charged.

We need to keep Calgunners out of trouble period.
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Old 12-23-2009, 8:15 PM
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Up to this point CGN Foundation has done an admirable job in the face of opposition that others would not dare contest but it seems to me we are always in a defensive position. Is there any way that the CGN Foundation can to go on the offensive by charging the arresting deputies and the ADA's with felony abuse of office (or some such)? I'm sorry if this tact sounds too outlandish but I think it's time for a two pronged attack. The law is, after all, on our side.
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Old 12-23-2009, 8:17 PM
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Quote:
Originally Posted by Yankee Clipper View Post
Up to this point CGN Foundation has done an admirable job in the face of opposition that others would not dare to contest but it seems to me we are always in a defensive position. Is there any way that the CGN Foundation can to go on the offensive by charging the arresting deputies and the ADA's with felony abuse of office (or some such)? I'm sorry if this tact sounds too outlandish but I think it's time for a two pronged attack. The law is, after all, on our side.
+1 couldnt agree with you more
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Old 12-23-2009, 8:21 PM
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Quote:
Originally Posted by Yankee Clipper View Post
Up to this point CGN Foundation has done an admirable job in the face of opposition that others would not dare to contest but it seems to me we are always in a defensive position. Is there any way that the CGN Foundation can to go on the offensive by charging the arresting deputies and the ADA's with felony abuse of office (or some such)? I'm sorry if this tact sounds too outlandish but I think it's time for a two pronged attack. The law is, after all, on our side.

Absolutely, I agree.
Make these anti-gun prosecutors think twice before they persecute someone, and make them learn what the law is, not what they want it to be.

This was ridiculous.
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