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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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  #81  
Old 11-22-2012, 10:21 AM
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Originally Posted by Dantedamean View Post
Yup, we have and are. A DV conviction will at the very least make him a prohibited person in California and remove his CCW.
That is all it will do, but won't stop him from committing a crime of violence and with a gun too if that is what he wants. Don't rely on the dis'justice system' if possible, it will suck you all into it's vortex of no results. So in that sense, I agree with the first officer's prognosis that a RO violation is nothing.
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False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
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  #82  
Old 11-22-2012, 12:34 PM
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Well good news is this watch commander actually did his job, I guess a crime report was filed after we left. My guess is my dad pissed off the officer lol he has that effect of people.

The watch commander is putting together a case for the LAPD to revoke his CCW and we told him that my dad still has his badge as well, he is going to pass along that info too.

Thanks for the info, I didn't even think to talk to the watch commander.
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  #83  
Old 11-24-2012, 12:55 AM
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Quote:
Originally Posted by Dantedamean View Post
Well good news is this watch commander actually did his job, I guess a crime report was filed after we left. My guess is my dad pissed off the officer lol he has that effect of people.

The watch commander is putting together a case for the LAPD to revoke his CCW and we told him that my dad still has his badge as well, he is going to pass along that info too.

Thanks for the info, I didn't even think to talk to the watch commander.

Please do not get the impression that the system is going to do you any real good. No matter how many guns he turns in I will bet money he has access to others that are not on any list. He may stop carrying all the time, but he will be armed if he comes after mom. And a lot of time an assailant that has a burning personal hatred will opt for a knife anyway.
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  #84  
Old 11-24-2012, 1:14 AM
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Only two ways this ends:

1) She dies.
2) He dies.

Sorry - But that's the truth...
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  #85  
Old 11-24-2012, 6:10 AM
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I didn't read the whole tthread but will this help?

12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety. This section may not apply when the circumstances
involve a mutual restraining order issued pursuant to Division 10
(commencing with Section 6200) of the Family Code absent a factual
finding of a specific threat to the person's life or safety. It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.
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  #86  
Old 11-24-2012, 7:32 AM
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Quote:
Originally Posted by DannyInSoCal View Post
Only two ways this ends:

1) She dies.
2) He dies.

Sorry - But that's the truth...
And I'm doing everything in my power to make sure it will be number 2 if it comes down to it.


Quote:
Originally Posted by frigginchi View Post
I didn't read the whole tthread but will this help?

12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety. This section may not apply when the circumstances
involve a mutual restraining order issued pursuant to Division 10
(commencing with Section 6200) of the Family Code absent a factual
finding of a specific threat to the person's life or safety. It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.
Ya thanks man, Brandon posted the same thing. It seems to be just a defense after your already arrested.
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  #87  
Old 11-24-2012, 11:48 AM
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Quote:
Originally Posted by Dantedamean View Post
Ya thanks man, Brandon posted the same thing. It seems to be just a defense after your already arrested.
In general, the self-defense exemptions to the laws in California regarding firearms in public are of the worthless "gun magically appears in your hand when you need it" variety. They are essentially worthless because they cover only the brief period of time during and immediately before the actual use of the firearm for self-defense. They don't cover any time prior to that, and any prosecutor worth anything would be able to nail you on the logical inference that you must have violated the law for the gun to have been in your possession at the time you needed it.

Remember: the prosecutor only has to prove beyond a reasonable doubt, and that can be accomplished as much through solid logical inference as it can through direct evidence. He'll also be dealing with a California jury, which means he'll be dealing with a bunch of people who are more likely than not to look upon the possession of a firearm in public by mere mortals with disapproval.
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The real world laughs at optimism. And here's why.

I hope I end up having to donate another $1000 to CGF... However, this $500 is one I hope to not have to donate...
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  #88  
Old 11-24-2012, 12:38 PM
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To counter this bit of unnecessary cynicism, the vast majority of good shoots (in California, and throughout the US) are never charged.

-Brandon

Quote:
Originally Posted by kcbrown View Post
In general, the self-defense exemptions to the laws in California regarding firearms in public are of the worthless "gun magically appears in your hand when you need it" variety. They are essentially worthless because they cover only the brief period of time during and immediately before the actual use of the firearm for self-defense. They don't cover any time prior to that, and any prosecutor worth anything would be able to nail you on the logical inference that you must have violated the law for the gun to have been in your possession at the time you needed it.

Remember: the prosecutor only has to prove beyond a reasonable doubt, and that can be accomplished as much through solid logical inference as it can through direct evidence. He'll also be dealing with a California jury, which means he'll be dealing with a bunch of people who are more likely than not to look upon the possession of a firearm in public by mere mortals with disapproval.
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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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  #89  
Old 11-24-2012, 12:52 PM
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Quote:
Originally Posted by wildhawker View Post
To counter this bit of unnecessary cynicism, the vast majority of good shoots (in California, and throughout the US) are never charged.
This is true. However, the vast, vast majority of good shoots are not against ex-LEOs.
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The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. Your oath to uphold the Constitution is a joke unless you refuse to enforce unadjudicated laws you believe are Unconstitutional.

The real world laughs at optimism. And here's why.

I hope I end up having to donate another $1000 to CGF... However, this $500 is one I hope to not have to donate...
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  #90  
Old 11-24-2012, 12:53 PM
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Unhappy Sad situation.

Quote:
Originally Posted by Dantedamean View Post
Well good news is this watch commander actually did his job, I guess a crime report was filed after we left. My guess is my dad pissed off the officer lol he has that effect of people.

The watch commander is putting together a case for the LAPD to revoke his CCW and we told him that my dad still has his badge as well, he is going to pass along that info too.

Thanks for the info, I didn't even think to talk to the watch commander.
Verify all this stuff.

Sounds like you have now painted yourself into a corner and must engage in a "full court press," no pun intended.

Keep a file in which you document every step you have taken so far.

Obtain all official paperwork, such as the "crime report" that you "guess" was filed.

Take nothing for granted.

Do get all the media involved.

Put together a package of all the information you have so far.

Have everything in it notarized.

Think of it as your "media information kit."

Send it or hand deliver it to all the major media outlets.

Include the L.A. Times.

There are certain reporters for the Times who seem to be the ones who do the "anti-cop" stories. Choose those ones. I know your story is not "anti-cop," that it is really "anti-abusive-cop," but "anti-cop" will likely be the spin the Times puts on this story.

Unless the alleged perp decides to go out in a blaze of glory, you might actually succeed.

If the alleged perp decides that "winning at all costs"--i.e., destroying his target by any means necessary even if it costs him his freedom and his life--you and your mom will have a Battle Royale that brings this scenario to a bloody end.

I don't know you, so I cannot really take sides.

However, if everything you are telling us here is true and not just a one-sided telling of events aimed at character assassination, I hope you and your mom survive and that the threat is stopped in some final way.

Whatever the truth is, I hope a violent end does not come out of all this and that the alleged perp comes to his senses and backs down.

Sad situation.

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