[masterpiecemindsetcoach@y]

Hey Folks, I was also arrested for open carry in the same scenario in Santa Monica on July 13, 2008 at Trader Joe's in Santa Monica.

I spent about 5 hours in jail and was charged with carrying a loaded weapon...it was NOT loaded although I was also carrying a loaded magazine...
I have Never been in any trouble, I'm 59 years old and an honorably discharged Marine.

I would greatly appreciate any feedback, suggestions and etc that you may have for me as I have limited resources at this moment and am considering getting a Public defender...Any thoughts and insights would be deeply appreciated...

Many Thanks and Blessings to you all and your families,

Garrett

Edited to remove harmful excessive info

[USN CHIEF]

Well, you will need a lawyer that is familiar with gun laws. It will not be long before someone here contacts you to get more info. I would go ahead and probably edit your post and not have so much info about the incident. Send a PM to Hoffmang and bweise and let them know about your incident. They should be able to give you some good numbers for lawyers that are familiar with CA gun laws.

[Hopi]

With the proper information, I think even a public defender could have this one tossed.

[USN CHIEF]

Call these people asap..

http://trutanichmichel.com/

[masterpiecemindsetcoach@y]

Originally Posted by USN CHIEF

Well, you will need a lawyer that is familiar with gun laws. It will not be long before someone here contacts you to get more info. I would go ahead and probably edit your post and not have so much info about the incident. Send a PM to Hoffmang and bweise and let them know about your incident. They should be able to give you some good numbers for lawyers that are familiar with CA gun laws.

Thanks Brother, good advice, I'll do it...I appreciate it...

Blessings,

Garrett

[Soldier415]

Originally Posted by USN CHIEF

Call these people asap..

http://trutanichmichel.com/

Yep. Stop, Drop, and Dial TMP

[Glock22Fan]

Am I right in understanding that you had an unloaded gun on one hip and a loaded magazine separately carried in a pouch on your belt (not concealed in a pocket)?

Look up recent posts regarding Sacramento P.D. memo which told their officers that this is totally legal:
http://www.calguns.net/calgunforum/s...d.php?t=111324

Follow up some of the flier leads in that thread.

And yes, call Chuck Mitchell at TMP.

[masterpiecemindsetcoach@y]

Originally Posted by Glock22Fan

Am I right in understanding that you had an unloaded gun on one hip and a loaded magazine separately carried in a pouch on your belt (not concealed in a pocket)?

Look up recent posts regarding Sacramento P.D. memo which told their officers that this is totally legal:
http://www.calguns.net/calgunforum/s...d.php?t=111324

Follow up some of the flier leads in that thread.

And yes, call Chuck Mitchell at TMP.

Yes Glock22Fan, that is correct. I had an unloaded gun on one hip and a loaded magazine separately carried in a pouch on my belt (not concealed in a pocket).

I will take your advice, thanks so much,

Garrett

[Soldier415]

Originally Posted by masterpiecemindsetcoach@y

Yes Glock22Fan, that is correct. I had an unloaded gun on one hip and a loaded magazine separately carried in a pouch on my belt (not concealed in a pocket).

I will take your advice, thanks so much,

Garrett

Perfectly legal. I smell lawsuit...

[Blackwater OPS]

I hope you have $10K on hand.

BTW, I have said it over and over, but I will say it again. IF YOU ARE GOING TO OC IN THE LA AREA, CALL ME AND I WILL FILM IT. So far not one person has asked, and there have been multiple OC arrests. This might SAVE YOUR *****. Opening carrying is not a walk in the park, doing it in an area like SM will probably get you arrested. Police reports can be written very creatively. BEING RIGHT IS NOT A BULLETPROOF VEST.

God forbid somebody gets shot doing this you will need video, if only for your civil case. There is no reason to to get this on film. I'll even give you a chip worth $100 of TMLLP legal services if you let me film.

[RRangel]

Say no more. Contact the people that have been mentioned in this post ASAP. Given the cities makeup I'd say Santa Monica is as anti-gun as any of the worst cities in the state. Good luck with everything.

[Crazed_SS]

The guy said he doesnt have a lot of cash.. maybe some people here can forward him all the relvant PCs to show a public defender? The Sacramento PD memo seems to be organized very well for explaining why unloaded OC is legal.

[Blackwater OPS]

Originally Posted by Crazed_SS

The guy said he doesnt have a lot of cash.. maybe some people here can forward him all the relvant PCs to show a public defender? The Sacramento PD memo seems to be organized very well for explaining with unloaded OC is legal.

Well once he gets and attorney he can afford, even if it is a PD, have them call TMLLP. If it's affordable, get TMLLP, they are the best (at least in socal).

[Blackwater OPS]

[QUOTE=hooookup;1376439]Deleted[QUOTE]

Please don't ask questions like that at this point... masterpiecemindsetcoach DON'T ANSWER... In fact, you should edit any case specific info from your post. All we need to know is that you were stopped and your charge, beyond that most should give you the benefit of the doubt.

[hoffmang]

Garret has email from me.

-Gene

[CA_Libertarian]

I'm sorry to hear about the way you were treated by the police. I'm glad to hear the staff of Trader Joe's were so supportive; I think I'll open carry into my local Trader Joe's in the near future.

This is a war for our rights. There will be casualties; hopefully they don't get any worse before we get LE to stop abusing their authority. All we need is one or two good civil suits to change the entire state. We need to hit the departments in the pocket book, and end the carreers of the individual officers that act inappropriately. Once word gets out that we bite back, this sort of thing will stop.

Hold your ground. Don't let their tactics discourage you. Most importantly, take steps to protect yourself from 'creative writing' and fabricated evidence.

[saigon1965]

Cool, Gene is all over this -

[wikidklown]

Good luck to you Garret. You sound like a person who don't deserve the treatment you got....

[lehn20]

Good luck. Stick it to them

[CavTrooper]

Are these officers purposely targeting former/current Military guys or is it just a coincidence?

Call me parinoid but Im starting to think theyre out to get us!

In all seriousness, this sounds bad Sir, but itll all work out in the end, these guys here will get you taken care of and hopefully educate some folks in the process.

Someone needs to pay for these injustices, heavily, cant wait to see it happen.

[FluorideInMyWater]

i'm not going to debate the legality of this situation...dont care to at all, but i dont think this was that smartest thing to do in the heart of los-angeles. im sorry you were arrested....but u were just asking for trouble. im really glad u are not dead!!! really.....

[oaklander]

I understand that The Right People are on this. Let's not use this thread to speculate.

[Liberty1]

God bless the Marines; Active, Reserve and now Retired (you can always tell a Marine OCing - just can't tell him much - jk)! Thank you for your service Sir, in uniform and now in SM! You're in good company. SM will be learning soon their mistake.

But we do need to debrief these arrests/citations: "Carry smart" if you OC, have a recorder, go in pairs (have a witness), and know the codes so you can converse with the officers. Having our brochures can help too.

I get the feeling you weren't trying to be an activist as you were surprised you were carrying the loaded mag. Where did you hear about OCing? Here or elsewhere?

In any event you'll find plenty of help here. If you can't afford TM and go with a public defender, this case should be pretty cut and dried (as long a you weren't pencil #$%^) And I'm sure some "experts" can be found to testify on your behalf. I'd be surprised though if charges were not dropped in short order.

If there is any video evidence at the store GO GET IT! before it's gone!! (might be too late)

[Army]

Originally Posted by FluorideInMyWater

i'm not going to debate the legality of this situation...dont care to at all, but i dont think this was that smartest thing to do in the heart of los-angeles. im sorry you were arrested....but u were just asking for trouble. im really glad u are not dead!!! really.....

Do you drive the actual speed limit, or the flow of traffic? One is always legal, the other is never legal. Doing one of them is asking for trouble....I won't debate which one, don't care to at all.

Do you really believe that NOT exercising your Constitutional rights, much less defending them, is the more prudent thing to do? The SMPD is flat wrong (according to the OP's story), and ANY arrest or detainment is a clear violation of the OP's rights, and against the law.

Of that, there can be no debate.

[Waingro]

Originally Posted by FluorideInMyWater

i'm not going to debate the legality of this situation...dont care to at all, but i dont think this was that smartest thing to do in the heart of los-angeles. im sorry you were arrested....but u were just asking for trouble. im really glad u are not dead!!! really.....

+1 - he was just asking for trouble, it would be better if he just illegally CCWed with a loaded gun - he would most likely not be in trouble with the law.

[masterpiecemindsetcoach@y]

I want to Thank you all for your tremendous support and words of wisdom...You guys are all great...I deeply appreciate you...


And yes, Gene was kind enough to email me and I have spoken to Joe Silvoso from TMLLP. I have never spoken to either one via phone or email until today and they were both amazingly supportive, what a spectacular group of folks you are, I am very grateful that I had trhe great good fortune to land here...This community is like any good unit...people care about each other, help as much as possible and have their Brothers and Sisters back...well done!

Many Thanks and Blessings to you all and your families,

Garrett

[saigon1965]

Originally Posted by Waingro

+1 - he was just asking for trouble, it would be better if he just illegally CCWed with a loaded gun - he would most likely not be in trouble with the law.

You're proposing he do something illegal instead of what's legal?

[saigon1965]

Originally Posted by masterpiecemindsetcoach@y

I want to Thank you all for your tremendous support and words of wisdom...You guys are all great...I deeply appreciate you...



And yes, Gene was kind enough to email me and I have spoken to Joe Silvoso from TMLLP. I have never spoken to either one via phone or email until today and they were both amazingly supportive, what a spectacular group of folks you are, I am very grateful that I had trhe great good fortune to land here...This community is like any good unit...people care about each other, help as much as possible and have their Brothers and Sisters back...well done!

Many Thanks and Blessings to you all and your families,

Garrett

Sounds like you're on the right track - Best wishes.

[spsellars]

Originally Posted by saigon1965

You're proposing he do something illegal instead of what's legal?

I think he was being ironical.

[Gator Monroe]

I thought the whole thing about OC'ing was to have the capability of defending yourself (Ammunition somewhere on person or accesable) so are loaded mags or mag in mag pouch, on your belt ,up your tuchis, in your shoe ... all verbotten ???????????????

[masterpiecemindsetcoach@y]

Originally Posted by FluorideInMyWater

i'm not going to debate the legality of this situation...dont care to at all, but i dont think this was that smartest thing to do in the heart of los-angeles. im sorry you were arrested....but u were just asking for trouble. im really glad u are not dead!!! really.....

FluorideInMyWater...Indeed, not the smartest thing to do, without question, I simply wasn't thinking and yes I must take responsibility for my action and the consequences...

Blessings,

Garrett

[saigon1965]

Originally Posted by spsellars

I think he was being ironical.

Wooosh

[artherd]

What this man was doing was completely within the law, full stop.

However, it is risky behavior and unless you have $10-50k+ on hand that you really want to part with right now you should not be open carrying!

PLEASE PLEASE PLEASE do not make more cases for us. You will bankrupt the foundation with copycat cases, THE POINT HAS BEEN MADE.

Now, if you've got the cash, and TMLLP on speed dial, go right ahead!

[artherd]

Originally Posted by masterpiecemindsetcoach@y

FluorideInMyWater...Indeed, not the smartest thing to do, without question, I simply wasn't thinking and yes I must take responsibility for my action and the consequences...
Garrett

The only thing you did was go into a situation without the supply chain (legal defense $$$) to back it up. You Jarheads just won't listen (background, I'm a civie contractor building night vision gear for all branches.)

Everything you did was perfectly legal, and you I and anyone else ought to (and can) do the same thing tomorrow.

But expect to be put through the ringer financially until we solve the legal climate through other means than O/C.

Everyone: The BEST thing you can do now is take the money you guys *otherwise will* spend on lawyers, and donate to CGF or NRA instead.

[Theseus]

I wish you luck in this. . .

I don't have a lot and would donate except that I am saving for my own war chest in case I need it.

[Decoligny]

Originally Posted by spsellars

I think he was being moronical.

Fixed it for ya!

[Decoligny]

Originally Posted by Gator Monroe

I thought the whole thing about OC'ing was to have the capability of defending yourself (Ammunition somewhere on person or accesable) so are loaded mags or mag in mag pouch, on your belt ,up your tuchis, in your shoe ... all verbotten ???????????????

Openly Carried on your belt, Legal.

Up you tuchis, Illegal, not to mention very uncomfortable.

In your shoe, Illegal and will probably make you walk funny.

See the pamphlets in my signature for more information.

[Army]

Originally Posted by masterpiecemindsetcoach@y

FluorideInMyWater...Indeed, not the smartest thing to do, without question, I simply wasn't thinking and yes I must take responsibility for my action and the consequences...

Blessings,

Garrett

Wrong. There was NOTHING illegal, immoral, or stupid in carrying in accordance with the law.

You made NO mistakes. You did NOTHING wrong. You as a citizen, and NOT a cowering sheep, have every legal and moral right to defend yourself and others by any means necessary...including using a firearm and ammunition legally carried in accordance with state law.

Your responsibility is to yourself and family. Having the means to defend self, family, and country is paramount to the 2nd Amendment, now totally affirmed by Heller.

Stand up straight, and tell them you are 100% innocent of all charges. The only thing illegal that happened here, was done by the SMPD.

[1911su16b870]

Does Santa Monica have any prohibitive gun/carry local ordinances in effect?

[Liberty1]

Originally Posted by 1911su16b870

Does Santa Monica have any prohibitive gun/carry local ordinances in effect?

I believe SM got sued years ago over their AW possession laws. They'd be well advised to avoid regulating possession in general and stick with state law to avoid future legal actions.

Can't shoot in SM without a permit:

http://www.qcode.us/codes/santamonica/

Article 3 - Public Safety
Chapter 3.24 - Firearms

3.24.010 Firearms—Permit.
No person shall shoot or discharge within the City any gun, pistol or other firearm, or any air-gun or pistol, or spring-gun or pistol without having first obtained a written permit from the Chief of Police. (Prior code § 3500)