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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
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Necessity defense wins against CCWing HGN w/o permit in SF!
1) Man was acquitted by a jury of CCWing HGN w/o a permit in SF.
2) Jury was hung re. a 2nd misdemeanor charge of CCWing HGN w/o a permit. 3) The judge dismissed the charge of also possessing, not carrying, a nunchaku. Article at: http://www.sfexaminer.com/local/crim...essity-defense What has happened to SF? Have sane people infiltrated there? Or has there been an Invasion of the Body Snatchers operation by some Republican PAC? LOL!
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 07-10-2011 at 11:03 PM.. |
#2
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i dont think the results would be the same if it was a FIREARM
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-Coi- N R A member since 2008 .177-.22lr-.410-9mm-38spr-.45acp-45lc-7.62x39-7.62x54r-12ga ~your friendly neighborhood ZOMBIE hunter~ |
#5
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He was CCWing a HGN. I'm *guessing* he had 'chucks in his car, since the charge there was possession, not CCWing. I'll edit the OP and title to be more clear.
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240+ examples of CCWs Saving Lives. |
#8
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Shoot to Kill not to Wound ! Last edited by winxp_man; 07-10-2011 at 9:55 PM.. |
#10
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love it. good stuff.
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just happy to be here. I like talking about better ways to protect ourselves. Shop at AMAZON to help Calguns Foundation CRPA Life Member. Click here to Join. NRA Member JOIN HERE/ |
#13
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Precisely. If I were ever on a jury and someone with no criminal background were charged with carrying a weapon without a permit I would't care what anyone else said I would not even consider the charge.
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"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford ^ |
#15
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because nunchaku are cool? they were in his car. I don't know how he got busted with the gun tho.
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just happy to be here. I like talking about better ways to protect ourselves. Shop at AMAZON to help Calguns Foundation CRPA Life Member. Click here to Join. NRA Member JOIN HERE/ |
#16
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Yeah, I'd like to know how he was busted in the first place.
Also, for this to only be resolved after two years.. yowch. I'm happy for the result, but it must have been a major major PITA for Mr. Stone.
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Don't feed the cannibals. |
#18
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There was a similar case in NYC where a guy from Florida was arrested for illegal possession of a handgun. He was stopped by NYPD for turning right on a red light (illegal in NYC). He had a Glock in his glovebox (legal for him in FL as he has a Florida CWFL) which was visible when he got his registration. So he was arrested. The jury acquitted him because they believed his defense that he always carried the gun that way in FL, and had forgot it was there (he was in NYC to help his GF move back to FL). Still cost him 50 grand in legal and travel expenses.
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#19
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Hell's ambient temperature in degrees Farenheit < 32, conditions icy.
I wonder if that will happen again.
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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 |
#22
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Good news.
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"Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement." Winston Churchill “Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can” Samual Adams |
#24
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Quote:
Maybe the misunderstanding was due to the the letters "HGN" in the original post? Personally I didn't immediately interpret HGN as "handgun" either. In fact my initial response was "WTH?" Can't really blame myself, HGN isn't listed at the All Acronym website (their official definitions are: hereditary glomerulonephritis; horizontal gaze nystagmus; human genome news;hypogastric nerve; and hypogastric nerves). Adding to the confusion is that HGN isn't even defined on the Official Calguns.net Acronym Thread (OCAT). Not in the initial list nor in any of the following OCAT posts by CGN members. FWIW this is MON AM and although I'm walking about and surfing the net my brain won't be joining me until sometime in the PM, so it took a few seconds to put HGN in context before the light-bulb went off... HandGuN! Since we're generating abbrs, IIRC the goal of an abbreviation or acronym is to lessen the burden of typing out common wds. A laudable goal BTW. I figure that the big SRO allots each of us only so many key strokes in our life, and when you complete that last one - BINGO! You fall dead and move onto the great range in the sky. It's also pretty clear that a keystroke is very similar to a trigger pull - so each additional keystroke means you have one less shot to fire - NG. WTIM (with that in mind) IMHO if we're going to abbreviate "Hand Gun" we should go for broke here - "HG". HG - and not a keystroke more. TYVM. Re, FF
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Last edited by FastFinger; 07-11-2011 at 8:43 AM.. |
#25
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The OP has been edited a few times for clarity since some people posted w/o reading the linked article. Adding HGN was one of the edits. Another was specifying that the chucks were a possession, not carry charge.
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240+ examples of CCWs Saving Lives. |
#27
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BTW...
A friend of mine manages a lot of SF apartments and is very plugged into SF politics. His take is that in the last few years the % of home owners over renters has increased significantly. New construction, and a lot of condo conversions. While being a new home owner doesn't automatically mean one logs onto CGN or joins the NRA, it does alter one's worldview a bit - all of a sudden you have more skin in the game and more at risk. One's more likely of favor the Castle Doctrine when one's name is on the Castle's title. Hopefully this may point to a growing trend. Can't happen soon enough.
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#29
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Quote:
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#30
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#31
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My goodness, this is... epic! Right? A jury in anti-gun mecca threw out a violation of 12050. Seems pretty damn epic.
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member: Electronic Frontier Foundation, NRA, CGF Deer Hunting Rifles? "Let's get rid of those too" - Adam Keigwin, Chief of Staff for Senator Leland Yee |
#32
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Me too. "CCWing HGN" I can only think of one thing that someone would be CCWing that could possibly be labeled "HGN."
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Coyote Point Armory 341 Beach Road Burlingame CA 94010 650-315-2210 http://CoyotePointArmory.com |
#33
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Lucky charge was dismissed on the nunchucks. I believe those are felony only (i.e., no wobbler).
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#35
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With the GVR in Maloney I doubt that anyone can reasonably be charged with straight Nunchuck possession right now.
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Coyote Point Armory 341 Beach Road Burlingame CA 94010 650-315-2210 http://CoyotePointArmory.com |
#36
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Potential juror's on gun cases?
Since we have two supreme court rulings affirming we have a right to own guns for self defense, would it be reasonable to "disqualify" any juror who opposes gun owners for cause on grounds that they are not impartial?
Seems to me keeping a anti gun juror on a gun case would be the equivalent of keeping a card carrying member of the KKK on a jury where the defendant is "Black". Love to hear from the "Right People" for their comments, but it seems to me that we could substantially eliminate anti gunners in jury pools. The fact that a San Fran paper even published the story is a good sign because now instead of the story being buried, it will spread. Nicki |
#37
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Absolutely!
When I was younger I only saw jury duty as a pita. I understand how important it is, now that I've aged a bit and learned things I should have known a long time ago.
As a hairstylist I am in a position to have discussions with my clients about many interesting things and one of them has been the topic of jury duty and jury nullification. I didn't know about it until I bought the book "50 things they don't want you to know" (I think that's the title, it's something like that) by Disinformation. I find that living in S.F. and being in the industry I'm in that it's a fine line I tread by openly talking about these issues but it's important. I know I've lost more than a few clients in the past two years due to me expressing my (unpopular in S.F.) views about our rights. I've also discovered how many of us in San Francisco are in the closet, so to speak, about our beliefs in the 2nd Amendment and our ownership of firearms! I'm really happy to read this article and to know that this man was acquitted by an S.F. Jury! Now, I look forward to my next summons and have already figured out a way to both serve and still be able to work (evening appointments so I can pay my rent). |
#40
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Quote:
Good point. I think that we'd do well to start pushing the "gun rights - civil rights" angle. Quote:
Ms. FastFinger served on civil trial in SF years ago. Some knucklehead was hanging off of a cable car (despite being told not to) and grazed a car. No real injury at all, but he sued the city. My wife and another person fought tooth and nail to not award the putz one penny. But there was a lawyer on the jury and her argument that "the plaintiff and his lawyer spent all this time bringing this case, we got to give them something." won the day since a unanimous verdict isn't needed. Post trial the judge debriefed the jury and pretty much said that my wife and the other hold out were right, if anything the guy and his lawyer should be paying the county for filing a frivolous suit. Clearly in a criminal case much more is at stake. I look forward to serving.
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