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Open Carry: Charges Not Brought - Chino Marine Case

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  #1  
Old 07-18-2008, 9:41 AM
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Default Open Carry: Charges Not Brought - Chino Marine Case

Charges were dropped in People v. Lin in Chino. Lcpl. Lin was a US Marine as well, but please don't confuse this with the Oceanside case regarding Sean B.

Here is a statement from Chuck Michel at TMLLP:
Quote:
Our office was recently retained by Lcpl. Lin of the US Marine Corps
regarding a citation he received in Chino for carrying a "loaded"
firearm in public.

Calguns Foundation has been assisting with his defense.

The firearm was not "loaded" under California law. Under 12031 PC a
firearm is "loaded" when there is ammunition within the firearm in a
position where the ammunition can be fired. People v. Clark.

Unfortunately, the Chino Police officer who cited Lcpl. Lin apparently
was unfamiliar with the law.

We placed several calls to the police department and to the San
Bernardino District Attorney's Office leaving messages about the case
and the law.

Not certain if our persistence had anything to do with it, but the DA
has rejected the case and refused to file the case.

We will assist in getting the client's gun back if necessary. He has
already submitted a LEGR.

Chuck Michel
Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.

However, congratulations to Lcpl. Lin and please support Sean B. by donating to the Calguns Foundation.

-Gene
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Old 07-18-2008, 9:52 AM
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Maybe the Chino DA could call up the Oceanside DA and have a little chat?
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Old 07-18-2008, 10:33 AM
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One down one to go!!! Keep giving to support Marine Sean B. in his false arrest in Oceanside!!
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Old 07-18-2008, 10:48 AM
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Good outcome. Thanks for posting this.

Turby
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Old 07-18-2008, 11:07 AM
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Quote:
Originally Posted by KDOFisch View Post
Maybe the Chino DA could call up the Oceanside DA and have a little chat?
And maybe we can send them both the Sacramento PD memo!
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Old 07-18-2008, 3:48 PM
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Quote:
Originally Posted by hoffmang View Post
Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.
Do you think we should hold off on the open carry lunch in San Diego sunday?
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Old 07-18-2008, 3:51 PM
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Quote:
Originally Posted by hoffmang View Post

Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.

-Gene
I agree with Gene... I wouldn't push the open carry issue, yet...
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Old 07-18-2008, 3:58 PM
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Quote:
Originally Posted by Subvertz View Post
Do you think we should hold off on the open carry lunch in San Diego sunday?

I think this is different than a single OC out and about town. The PD in SD have been notified and from what I read in that thread, there will be some police present at the luncheon.
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Old 07-18-2008, 4:09 PM
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Looks like we should donate more money to the calguns foundation.
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The same way they enforce all the rest of the BS laws. Only criminals are exempt, while the honest obey.
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Sometimes I think the function of Calguns is half to refute bad info from gunshops and half to refute bad info from DOJ.
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Old 07-18-2008, 4:33 PM
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Quote:
Originally Posted by tombinghamthegreat View Post
Looks like we should donate more money to the calguns foundation.
True. We are stronger when we stick together.
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Old 07-18-2008, 5:07 PM
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Quote:
Originally Posted by ivanimal View Post
True. We are stronger when we stick together.

Great advice.
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Old 07-18-2008, 5:50 PM
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That's great to hear, but sad that another person had to get reamed through the justice system because of other peoples incompetence.
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Old 07-18-2008, 7:35 PM
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Quote:
Originally Posted by Subvertz View Post
Do you think we should hold off on the open carry lunch in San Diego sunday?
Because this has been well organized and it appears the local LEA is informed, I don't think you should call it off. That said, please be very careful and double check both the Municipal Codes and the distance from a school zone.

-Gene
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Old 07-18-2008, 7:41 PM
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I think we have that covered, I'll triple check now!
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Old 07-18-2008, 7:52 PM
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Quote:
Originally Posted by hoffmang View Post
Charges were dropped in People v. Lin in Chino. Lcpl. Lin was a US Marine as well, but please don't confuse this with the Oceanside case regarding Sean B.

Here is a statement from Chuck Michel at TMLLP:


Again, my personal advice is to not open carry at this time. Quite a few of the coalition are of the strong opinion that all these incidents will do is press the legislature to change the Penal Code. That change would be premature - we need to have incorporation settled before that change occurs.

However, congratulations to Lcpl. Lin and please support Sean B. by donating to the Calguns Foundation.

-Gene
Great news, I hope he gets his property back.
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