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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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AR-15 Seized by Police for "Public Safety" reasons
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I don't know anything else about this event, except to say that the scene on the Arcata Plaza on Halloween has become outright dangerous and criminal (more of a riot than a party). Anyone carrying there, legally or not, made a very poor judgement call. Most people around here know about bullet buttons, and ALL of the cops know about them. While the article does not state one way or the other if the rifle was legal, it sounds like the owner had his property confiscated and was not actually arrested, which smells funny to me. This feels like an illegal seizure, but the Untimely Sub-Standard is well known around here for very porr reporting. Unfortunately the article doesn't name the individual, so it's hard for me to track him down and ask (small town) but maybe it's in an LEA press release, I haven't checked. Knowing enough to have an unloaded magazine in the rifle says to me that the owner may have been practicing Open Carry. I'd be a bit surprised if someone involved in the Open Carry movement would have been so stupid as to carry an unregistered AW instead of a BB-equipped and legally-owned AR-15. IIRC, OC of long arms isn't prohibited until next year, yes? Just wanted to share on CalGuns. Life's been crazy and it's been a while since I've posted, so maybe this isn't even the right forum anymore. If so, mods, feel free to move it of course. BBs are still legit, right?
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#2
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I happened to talk to this individual that night. It was definitely a BB equipped rifle.
He was told they were charging him with a felony, but did not arrest him. He was also informed he could pick up the rifle the next day. This reeks of illegal seizure. |
#3
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OK. So, we have at least anecdotal evidence at this point that the rifle was likely configured legally. Also, good to see another Humboldt resident on the forum. There always seems to be very few of us.
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#4
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Yeah you should be busy growing pot, get to it! lol j/k
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SA TRP Half rail, Glock 21SF, Spikes St-15, Ruger Alaskan .44, Saiga 7.62, GSSF Member Diablo Rod & Gun Club Quote:
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#10
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-Brandon
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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. |
#11
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This is a great way to support 2A or a waste of time helping out a nimrod who should know better. Knowing the difference would be telling.
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*REMOVE THIS PART BEFORE POSTING* |
#12
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Who? The subject who had his property stolen or the officer responsible for taking lawfully owned property?
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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 Last edited by CitaDeL; 11-02-2012 at 9:58 AM.. |
#13
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-POLICESTATE, In the name of the State, and of the School, and of the Infallible Science If you want a picture of the future, imagine a boot stamping on a human face — forever. Government Official Lies . F r e e d o m . D i e s . |
#14
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I don't personally know him. He came through my checkout line while I was at work. I didn't think about Calguns until after he had already left. Last edited by Chu; 11-02-2012 at 10:05 AM.. Reason: Fixed the end of the quote. |
#15
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If it's that clear, demand (verbally) they bypass the LEGR or face a lawsuit. The result would be interesting.
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www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit |
#16
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-Brandon
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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. |
#17
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That doesn't sound like a good idea to me.
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-POLICESTATE, In the name of the State, and of the School, and of the Infallible Science If you want a picture of the future, imagine a boot stamping on a human face — forever. Government Official Lies . F r e e d o m . D i e s . |
#18
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-Brandon
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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. |
#20
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I know it probably might not make much sense financially on a this-case-only basis, but wouldn't a lawsuit followed by a consent decree help outright prevent this kind of event in that City, and discourage it in other venues going forward? Perhaps to include mandated discipline of officers who go off the reservation in this way.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools Last edited by Drivedabizness; 11-02-2012 at 10:34 AM.. Reason: spelling |
#22
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-Brandon
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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. |
#23
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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 |
#25
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This. And until I found out contribution cash would be staying at home.
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#26
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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. |
#27
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I wouldn't carry an AR in public on Halloween myself, but if the guy's innocent then the guy's innocent and his lawfully-possessed property was unconstitutionally seized. That's the bottom line. Not helping him would be tantamount to the wood stock guys not standing with the OLL crowd. -Brandon
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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. |
#28
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You either support the right to own and carry a legally configured rifle or you do not- If rights were predicated upon the use of flawless judgement, we would either not exercise them in the abundance of caution or abandon those with whom we disagree. That is where we as gunowners are being used against each other. Ante up or anti up. You decide.
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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 |
#29
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People aren't making the correlation.
They think... "I wouldn't go outin public with an AR on my back" is the same as doing something illegal. The cop violated the persons 2A right just as if a cop stopped them and asked to see thier legal CCW and then walked away with thier "Concealed" gun. Wrong is wrong. And now this lawful gun owner is going to have to be burdened to get what is legally his back. That I say is BS.
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US Navy Retired 1987-2007 |
#32
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"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi the question here is not whether the carrying of arms is a good idea—the question is whether carrying arms is constitutionally protected. Objective standards and due process—not Defendants’ philosophy or personal beliefs about the value of this activity—must carry the day-Alan Gura |
#33
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You are kidding, right?
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"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi the question here is not whether the carrying of arms is a good idea—the question is whether carrying arms is constitutionally protected. Objective standards and due process—not Defendants’ philosophy or personal beliefs about the value of this activity—must carry the day-Alan Gura |
#34
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Guy with gun. And I respect your stance on open carrying so I'd rather just leave it at that, and disagree on this example.
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#35
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An apt description of CA law.
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May all your enemies be on full-auto Jeff Cooper
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#37
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Why not? I would think you could ‘demand’ anything you want; getting it is another story.
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May all your enemies be on full-auto Jeff Cooper
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#39
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It is more beneficial to demand that the police follow the law than to establish precedent that they can avoid litigation by handing over wrongfully seized property with a pat on the back and a 'sorry for the trouble'.
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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 Last edited by CitaDeL; 11-02-2012 at 3:28 PM.. |
#40
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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. |
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