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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 10-11-2018, 1:15 PM
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Default CCW THREAT QUESTION

I live on almost 8 acres. I have a problem with a neighbor. We had words the other day and he in a unique confrontive and in my face manner informed/threatened that he was not on medication because if your on it you can’t have a ccw permit...I pretended I didn’t know what he was talking about and he said look it up! Fortunately I was recording the whole conversation because he is a volitile and vindictive man as is his wife. The question is is someone that has a ccw allowed to use that privilege as a threat!? Thank you
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Old 10-11-2018, 2:55 PM
Rogue187 Rogue187 is offline
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No.. individuals with CCW is usually taught to avoid confrontations. Depending on where you live and county it would best serve you if you contact the police/sheriff of the county you live in and file a report of threat and that suspect claims he has a CCW. That would start the process of him getting interviewed by those who gave him the permit to see if he is truly fit to possess one.


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Old 10-11-2018, 2:59 PM
Deedle Deedle is online now
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His wife is a man? No wonder he's angry!
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Old 10-11-2018, 3:02 PM
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bwahahahahahhahahahahahahhahaha omg!
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  #5  
Old 10-11-2018, 3:07 PM
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Quote:
Originally Posted by Rogue187 View Post
No.. individuals with CCW is usually taught to avoid confrontations. Depending on where you live and county it would best serve you if you contact the police/sheriff of the county you live in and file a report of threat and that suspect claims he has a CCW. That would start the process of him getting interviewed by those who gave him the permit to see if he is truly fit to possess one.


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Yep.
Using a CCW as a threat is asking for it to be revoked.
His behavior was opposite what is expected of a CCW holder.
And he TOLD you to look it up. You can say you did. LOL
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Old 10-11-2018, 5:14 PM
P5Ret P5Ret is offline
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Do you know for sure that he has a CCW? I'm kind of thinking that the local agency has probably had prior contacts with him, and her if they are as volatile as you suggest they are. I just don't see this kind of behavior been kept to themselves for any amount of time.


Of course I would have had to ask what type of medication he's supposed to be on, but I do tend to be a bit of a wise azz.
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Old 10-12-2018, 9:27 AM
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The whole medication thing is him telling me I need to take my Prozac which I AM NOT and never have taken any phychosis drugs- but he has brought that in our “discussions” several times. Then he leans in real close and says “you can’t get a ccw if your on meds, look it up!” He has harassed me ever since we moved in 3 years ago. Fortunately I recorded the whole thing. He really does seem whacked and full of angst towards me because I won’t be bullied on my own land.
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Old 10-12-2018, 9:30 AM
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Did you have permission to record and was that conversation confidential? If so you could be admitting to a wobbler; a crime chargeable as a misdemeanor or a felony. Se Penal Code Section 632.
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Old 10-12-2018, 10:06 AM
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Originally Posted by Chewy65 View Post
Did you have permission to record and was that conversation confidential? If so you could be admitting to a wobbler; a crime chargeable as a misdemeanor or a felony. Se Penal Code Section 632.
Someone comes onto someone else's property uninvited, has zero expectation of privacy, especially if that person is coming onto the property in a confrontational manner. Even more so if the property owner really does not want to talk to him in the first place, as seems to be the case here. I'm covering my azz first and foremost if this guy is in any way shape or form unstable.

OP seriously consider an restraining order barring him, and her from any communication with you or your family member's. Document everything.
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Old 10-12-2018, 10:28 AM
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Quote:
Originally Posted by P5Ret View Post
Someone comes onto someone else's property uninvited, has zero expectation of privacy, especially if that person is coming onto the property in a confrontational manner. Even more so if the property owner really does not want to talk to him in the first place, as seems to be the case here. I'm covering my azz first and foremost if this guy is in any way shape or form unstable.

OP seriously consider an restraining order barring him, and her from any communication with you or your family member's. Document everything.
Unfortunately, the way the PC reads, I believe the person being recorded is still protected in CA’s two party consent rule. If I’m correct, video is allowed without consent and audio is not. A simple sign on the property or the house that audio/video is being recorded would/should solve the two party consent because it can be articulated that he person had appropriate knowledge and time to leave if they didn’t want to be recorded.
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Old 10-12-2018, 11:44 AM
Yodaman Yodaman is offline
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Default CCW THREAT QUESTION

In regards to the recoding. All the current video recording cameras have audio recording feature because you are allowed to record audio on your own property it seems.




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  #12  
Old 10-12-2018, 12:40 PM
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I have signs all over my property that says video and audio recording on premise. He knew I was recording him and he did not say dont record in fact he took his phone out. I think he was so frustrated he didn’t even torn his phone on. I was working on my fence line installing a new fence AND instead of him driving past me he stopped his truck to get out and “start a confrontation”. I took him to court once to obtain a RO but I’m a kindhearted person and thought getting him that far would cause him to cease harrasing me and my family. The judge offered “arbitration” in which we are to walk away if we see the other. HE DOES THE OPPOSITE AND IN FACT CONFRONTS ME WHEN I GO OUTSIDE to work on my property. He and his wife seem so crazy that if I do file a RO it would juts piss them off more. It’s a bummer because I thought me NOT proceeding with the RO would cause him to see I was being kind when I could have taken him to the cleaners...he sees my kindness as weakness.
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Old 10-12-2018, 5:20 PM
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1. It isn't even clear that this confrontation was on the OP's property, since he just posted that he was working on the fence line and the neighbor stopped his truck as he was driving past.

2. We doln't know that this part of OP's property is not considered a public place, and as ESY noted you can still have a confidential conversation even if you are on private property.

3. The fact that recording cameras have the ability to record conversations doesn't mean that anyone consents to such a recording.

4. Whether or not requesting a restraining order will only exacerbate the situation as OP mentions is a valid concern that he has to figure out. He may want to begin with talking with local law enforcement.
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  #14  
Old 10-12-2018, 5:37 PM
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If you are on your property then be armed and ignore him.
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Old 10-12-2018, 7:24 PM
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Next time he speaks to you just tell him that you looked it up and found out that one can't have a CCW or even access to firearms or ammunition if he/she is subject to a restraining order and leave it at that. Don't threaten or even hint that your research is anything personal or anything other than academic. If he really has a CA LTC and wants to keep it, he will back off and never be confrontational with you again.
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  #16  
Old 10-16-2018, 2:57 PM
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Quote:
Originally Posted by CSACANNONEER View Post
Next time he speaks to you just tell him that you looked it up and found out that one can't have a CCW or even access to firearms or ammunition if he/she is subject to a restraining order and leave it at that. Don't threaten or even hint that your research is anything personal or anything other than academic. If he really has a CA LTC and wants to keep it, he will back off and never be confrontational with you again.
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THIS!
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Old 10-16-2018, 3:03 PM
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But that may backfire if he obtains a restraining order against the op.
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Old 10-16-2018, 3:27 PM
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8 acres? Got a backhoe?
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Old 10-16-2018, 6:13 PM
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OP...sounds like you were on your property. Was the other half on his own property? Sounds like the classic fence line argument. If he’s on his own private property, he can ccw whatever he wants, no permit required.

That being said, just call your local Sheriff’s non-emergency line. The internet won’t conduct an investigation, the Sheriff will.
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Old 10-16-2018, 7:16 PM
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Call the local Sheriff CCW department, hand over the tape. My guess is that if he does have a CCW now, he wont for long.
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