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#1
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All,
I wanted to update everyone on Theseus' status after he received the letter in this now closed thread. First of all Theseus asked me to post this update as he has decided to maintain radio silence until his case has moved forward. As The Calguns Foundation had said before, we are currently not able to defend UOC cases monetarily beyond the case we already have undertaken. However, we have actively worked to get Theseus representation familiar with the issue and particularly with school zone prosecutions (one of The Right People.) It appears Theseus will be charged with a misdemeanor violation of 626.9(b). Theseus is paying for his defense personally and may have asked some individuals close to him to assist. I want to make clear that from what the Foundation, myself, and counsel know so far, Theseus has a winnable case but does face an assistant DA known for her displeasure with firearms. All parties will know more after the 1/16 or when counsel gets a copy of the police report or information. The Calguns Foundation will keep a close eye on this case and is making sure that Theseus and his counsel have access to as much information and assistance as we can provide. Also know that Theseus is lurking and listening on at least this forum. As I've said in other posts, please don't UOC at this time if you don't have $5000.00 that you can afford to lose in a retainer to defend yourself if charged - even bogusly. If you do UOC please make sure you're aware of where schools are within 1000'. Also, audio recording of your interactions are of value. After Nordyke is final, UOC cases may make sense for The Calguns Foundation to take and we will revisit the issue, but for now I can relate that the board's policy is to not defend additional UOC prosecutions. To reiterate what I said above though - we will be doing anything else we can to assist Theseus and his counsel in this matter. -Gene
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Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#2
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I wish Theseus luck.
It sounds like a malicious prosecution for something that shouldn't even be illegal to begin with; it's unfortunate that there's no recourse after such cases are dismissed. As BWO demonstrated, the "justice" system can cause financial ruin even to an innocent person. That's not justice.
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#4
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I wish he could recover treble damages from whoever was responsible for this.
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All comments are solely for educational purposes and are spoken in a hypothetical manner. The poster follows any and all statutes, codes, mandates, etc to the letter of the law. |
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#5
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TKS for the update.
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“The only way to deal with an unfree world is to become so absolutely free that your very existence is an act of rebellion.” -Albert Camus
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#6
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Theseus is a squared away individual (IMO). Looking forward to another UOC victory!!!
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![]() "Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen." -- Sir Robert Peel Disclaimer: my posts are not intended as legal advice and do not represent the positions of any public or private organization. My posts are mine alone. |
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#7
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Hopefully things will go well for Theseus, and I wish him all the good fortune in the world. I know this board will be paying very close attention. It will be interesting to learn the specifics of this case once they come to light. It will be especially interesting to learn more about this "assistant DA known for her displeasure with firearms", and the acting police officers if past actions from some of our public servants are any example.
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#9
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I wonder if this charge from the LA DA explains this
http://www.calguns.net/calgunforum/s...n+carry+letter |
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#10
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So, the DA's office is filing a misdemeanor charge on a wobbler? I hope that is an indication that they have a weak case.
I am optimistic for Theseus. He is well versed in the applicable laws. I think the reasonable knowledge component of this charge is going to be a tough sell, even in LA. As Gene stated, be prepared for the consequences. I don't speak for Theseus, but I believe he knew the risks, and still decided to put his money - and more importantly, his liberty - on the line. Some patriots don't let the winter deter them from getting the job done. They know the risks, and accept them. EVERY gun owner in the nation is the beneficiary of Theseus' efforts, even if you never want to open carry. The right to keep and bear arms is a civil right that is diminishing rapidly in the nation, and CA is the front line. While most are content that the right to keep arms in their home has not yet been infringed, we are actively trying stop the ongoing erosion of our rights. Theseus is deserving of our support and gratitude.
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www.freestateproject.org - Liberty In Our Lifetime. www.madison-society.org - the people who brought us Nordyke and long-time litigation group. It's been more than 50 years since the US Supreme Court declared it unconstitutional to require a test and a tax for people to exercise their right to vote. Why is my right to carry a gun any different? I don't want a permission slip from a bureaucrat; I don't want to pay a tax or take a test. "Shall issue" is NOT good enough. Last edited by CA_Libertarian; 01-04-2009 at 11:35 PM. |
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#11
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![]() Gene says that he is still around... Watching.... Kind of makes me nervous... after all....he is crazy enough to go out in public.... WITH A GUN!!!!
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#12
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Quote:
Heh.-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#15
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Pinoy Bwana |
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#16
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Gene -
Is there an address or contact point where contributions can be sent. I know CGF is not taking up the cause at this time, but hey private citizens are welcome to drop envelopes in the mail if they want to. Reading Theseus "adventures" in UOC were much more entertaining than the last movie I saw and that cost 50$ for me and the wife, so I figure helping out where it is needed wouldn't be a bad thing. Theseus if you're lurking PM me a name and address. |
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#17
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Quote:
-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#18
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g |
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#19
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How does that old saying go...."Be careful what you wish for, because you just might get it..."
I understand Theseus is in a bit of a pickle financially because of these bogus charges and the cost of defending himself. I hope he is able to resolve this soon without too much hardship to his family.
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It is dangerous to be right when your government is wrong. -Voltaire Good people sleep peaceably in their bed at night only because rough men stand ready to do violence on their behalf. |
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#21
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I am ready to throw down as well, Theseus. Keep us posted and we will fight this!
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Just FYI, I am not a lawyer. Letter to all OCers OPEN CARRY CALIFORNIA! OC FAQ UCSD Marksmanship Club Let a man never stir on his road a step without his weapons of war; for unsure is the knowing when need shall arise of a spear on the way without. Havamal vs. 38 |
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#22
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I also had a great time reading about Theseus adventures with UOC. Since I am from the same area as he is, evertime I read his stories I knew exactly where he was talking about, and I would have a clear visual of his experience.
Theseus, I hope this issue gets resolved quickly and completely in your favor. Let us know where we can donate. |
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#23
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I've asked Theseus, even if he doesn't need the help, to allow others to support him as a way for all of us to share the burden of this case. We all do what we can for the 2A fight in CA (some doing more and assuming risks greater then others for the cause of Human Liberty).
By standing by each other we let the powers that be know we will fight "tooth and nail" for one of our own peaceful LAWFUL open carriers wrongfully accused (no charges and no arrest yet). More details of the case will perhaps be known after Jan. 16th. I hope his attorney or CGF will shortly thereafter issue a statement that Theseus is being wrongfully charged and that a LDF will be set up so we can help Theseus and his family through this event.
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![]() "Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen." -- Sir Robert Peel Disclaimer: my posts are not intended as legal advice and do not represent the positions of any public or private organization. My posts are mine alone. Last edited by Liberty1; 01-06-2009 at 11:15 AM. |
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#24
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I would like to help as well
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![]() "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson Please donate to the Livermore Relay for life ! When you're pushed, killing comes as easy as breathing. -John Rambo |
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#25
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Let us know when there's a fund set up for the countersuit.
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"You can't stop insane people from doing insane things with insane laws. It's insane!" -- Penn Jillette NYShooters.net-- Proud sister site of Calguns for New York http://www.NYshooters.net Discretionary Issue is the new Separate but Equal. |
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#26
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Yes, please.
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson Quote:
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#27
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I am trying to stay away from speaking too much about this case.
I won't discuss specifics of the case itself, but I will tell you that at this point all is well. My representation is well versed and experienced in this area. I thank all of you for the support so far and will use it to provide more strength and veracity in making myself a defensible witness. Just know that I make two pledges. Some here know what they are, and you will too when this is all over...Well, I just thought of another. . . so three pledges. |
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#29
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I thank all of you for your support and suggestions.
Last edited by Theseus; 01-22-2009 at 9:55 PM. |
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#30
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Do let us know. I got some funds ready.
Also, if they don't give you your xD back, if you want your PA-63 back, it'll be yours.
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson Quote:
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#31
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Perhaps this case may provide a opportunity to narrow the scope of what are "sensitive zones".
Of course I would like to see the case easily go away and a clean settlement would be a victory. Nicki |
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#32
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Please also post a paypal address, I have some funds in my pay pal account that I would like to contribute to your defense.
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#33
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That would require that he pleas or is found guilty and then enters the world of appeals ($$$$$$$).
__________________
![]() "Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen." -- Sir Robert Peel Disclaimer: my posts are not intended as legal advice and do not represent the positions of any public or private organization. My posts are mine alone. |
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#34
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I am removing this. Donations will all be made to CalGuns, not me.
If you would like to help me personally separate of the defense fund, PM me. Last edited by Theseus; 01-22-2009 at 9:54 PM. |
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#35
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Quote:
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"You can't stop insane people from doing insane things with insane laws. It's insane!" -- Penn Jillette NYShooters.net-- Proud sister site of Calguns for New York http://www.NYshooters.net Discretionary Issue is the new Separate but Equal. |
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#36
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#38
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So case related update.
The arraignment was today. No bail. Was released ROR, pre-trial Feb 10th. |
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#39
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__________________
Mark J. Blair, NF6X |
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#40
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Hmm, I just thought of something. If law enforcement agencies are claiming (via things like the recent UOC memo) that UOCers are deliberately looking for LEO contacts in order to get standing for court actions, then I don't think that they can also argue that any of those UOCers are flight risks and thus need to be held or released on bail. If a UOCer gets arrested and then the prosecutor argues for bail to be set, then maybe the (incorrect) LEO claim that these folks want to get arrested can be turned around to argue against requiring bail to release the defendant?
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Mark J. Blair, NF6X |
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