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  #1  
Old 05-07-2013, 11:21 AM
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Default Plumas County CHP are Grabbing Guns

I have heard of three individuals losing their legally owned firearms in Plumas County courts.
There is an over zealous CHP officer running up and down the canyon of Hwy. 70. He pulls people over for a license plate bulb or a cracked w/shield, mud flaps etc.
He asks if you have any firearms and if you have a rifle that is not registered to you like many of us have they will confiscate it and the judge sides with the officer. If you have a CCW and the pistol is not on the permit it will be confiscated.
If you are a passenger minding your own business and at the bottom of a duffle bag in the trunk of the car the loaded 9mm pistol is loaded you will lose it.
He is a short fellow with a chip on his shoulder.
Beware if you are traveling Plumas County make sure you follow every rule and law for proper locked, not concealed, unloaded hand guns and rifles.
If it is legally carried you will be OK.
What concerns me the most is why they are grabbing guns.
Owning your Dad's 1956 Winchester rifle that never got transferred to you should not be a problem. This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".
This is a true story. A local business man living near Belden confirmed the above stories.
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Old 05-07-2013, 11:30 AM
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As far as I know. All long guns aren't registered. I don't see how he is going to run the serial number, for your long gun, and have your name pop up.
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Old 05-07-2013, 11:31 AM
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Quote:
Originally Posted by Rangem4 View Post
This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".
That sounds pretty unbelievable since there is no long gun registration in this state (yet). With the possible exception of a RAW or stolen gun, running long gun models/serials is going to come up with zero info.

None of my long guns are "registered" to me (or anyone else, for that matter).
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Old 05-07-2013, 11:47 AM
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Wow I wish that would happen to me!!! I would sue the officer and his dept soooo sooo fast.. Hear so many stories about "over zealous" officers later being sued and loosing their jobs for their ego.
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Old 05-07-2013, 11:47 AM
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I ve met a lot of really cool officers.. But why is it that every CHP I ve met has been a jerk?
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Old 05-07-2013, 11:48 AM
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I'm a criminology student at UCI and have taken a few law classes with a professor of mine who was also a personal friend and judge at the Superior Court in Santa Ana. I'm going to try and fill this in as best as memory serves, anybody with more authority please correct me if I'm wrong. Having weapons in your car isn't enough probable cause to allow for a search of your vehicle especially when you were pulled over for something like a tail light. A LEO can only search your glove box area and visually inspect the area within your immediate reach. The only reason they would be able to search your entire cab would incident to an arrest and simply telling them you have a gun in the trunk would no be enough PC for an arrest. Anything in the trunk cannot be accessed by the officer, only a post-impound vehicle inventory search. If they have arrested and read you your Miranda rights simply for having guns in the trunk then demand your rights under McNabb-Mallory and they have to take you in front of a judge ASAP to prove they had enough PC to make an arrest. If they tell you to open the trunk of your car to search the weapons whether you have been arrested or not, just do not comply and tell them it is not within their rights.
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Old 05-07-2013, 11:53 AM
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I'm not buying this without proof. Sounds like FUD to me.
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Old 05-07-2013, 11:55 AM
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not within their rights
It is authority, not rights. WE have rights.

I don't believe the story.

Quote:
But why is it that every CHP I ve met has been a jerk?
I have not met any of those. They seem efficient and as friendly as a ten minute interaction requires. You want jerks, go to Oregon and experience their State Police..........like an occupying force.
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Old 05-07-2013, 12:13 PM
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This sounds like FUD
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Old 05-07-2013, 12:14 PM
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I posted this story because the co-worker that told me these stories knows the business owner on hwy. 70 near Belden. I hope his buddies and relations telling their experiences are full of crap.
Regarding the law student, If a police officer looks me in the eye and asks if I have firearms in my car I have to tell him the truth. If he does not have the right to ask me to open the tonneau cover of my pick-up I would like to know my rights.
That is the problem with most of us, we do not know the laws and assume when a police officer says to show him a weapon or open the trunk, I am going to assume he can legally do it.
Again, I just hope this story is BS.
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Old 05-07-2013, 12:27 PM
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"If you are a passenger minding your own business and at the bottom of a duffle bag in the trunk of the car the loaded 9mm pistol is loaded you will lose it."

I'm pretty sure thats illegal,unless you have a LTC.


This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".

I'm pretty sure we'll all have a problem then.
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Old 05-07-2013, 12:33 PM
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Now for a threadjack related to another part of the story. There was a vehicle accident near my home a few years ago not far from Hwy 70. A CHP unit responded and the officer did seem to be a pretty short guy.

My jerk neighbor (who thankfully has since moved) was out there shouting at the officer from across the road, "Hey! Don't you need to be a certain height to get into the academy?" and, "Where did you find a uniform that size?"

I don't know what my neighbor's problem was, but the officer (to his credit) ignored him. It certainly would have pissed me off.
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Old 05-07-2013, 12:34 PM
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Show proof and maybe we can schedual a mass road trip. I could use some extra cash from a slam dunk lawsuit.
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Old 05-07-2013, 12:40 PM
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Show proof and maybe we can schedual a mass road trip. I could use some extra cash from a slam dunk lawsuit.
SHOTGUN!
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Old 05-07-2013, 12:42 PM
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That's exactly how the officers can get you, because they know that the average person doesn't know their own rights. That's also how people get away with all those open carry police confrontation videos they like to splatter all over youtube and fb. If you tell them yes you have a gun in the trunk, it is not within their authority* to search your trunk (or covered truck bed) without your expressed permission or a warrant. An officer's "hunch" you have unregistered weapons will not hold up in court, by admitting you have a weapon that is not giving them probable cause to search your vehicle on a low priority traffic stop. ANYTHING (house, car, w/e) can be searched with consent.

Under Chimel v. California, LEO's are not allowed to search areas without a warrant and not incident to a VALID arrest. If they were to unlawfully arrest you and find "contraband" then said contraband would be considered "fruit of a poisonous tree" due to the Wong Sun case and will be suppressed in court.

An exception would be Horton v. California which refers to the "plain view doctrine" so if they see a gun sitting in your back seat or open truck bed they have the authority to seize it for their own safety.
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Old 05-07-2013, 12:47 PM
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Quote:
Originally Posted by Rangem4 View Post
I have heard of three individuals losing their legally owned (firearms in Plumas County courts.
There is an over zealous CHP officer running up and down the canyon of Hwy. 70. He pulls people over for a license plate bulb or a cracked w/shield, mud flaps etc.
He asks if you have any firearms and if you have a rifle that is not registered to you like many of us have they will confiscate it and the judge sides with the officer. If you have a CCW and the pistol is not on the permit it will be confiscated.
If you are a passenger minding your own business and at the bottom of a duffle bag in the trunk of the car the loaded 9mm pistol is loaded you will lose it.
He is a short fellow with a chip on his shoulder.
Beware if you are traveling Plumas County make sure you follow every rule and law for proper locked, not concealed, unloaded hand guns and rifles.
If it is legally carried you will be OK.
What concerns me the most is why they are grabbing guns.
Owning your Dad's 1956 Winchester rifle that never got transferred to you should not be a problem. This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".
This is a true story. A local business man living near Belden confirmed the above stories.
Hmmm... it sounds like the people griping about this officer don't know the law.

The only long guns required to be registered are Assault Weapons. If you are toting one of those and it's not registered, you bet the officer will confiscate. If you're lucky, that's ALL he will do. Even a bullet-button AR or AK becomes an Assault Weapon under CA law if there's a (even pre-ban) 10+ mag in it.

If you are carrying concealed a pistol that is not listed on your permit, you've illegally carried a concealed weapon... which is a wobbler (misdemeanor or felony at DA's discretion) IF the pistol is registered to you, and an automatic felony if the pistol is NOT registered to you. Again, be glad if in this situation the WORST the officer does is confiscate the gun!

Duffle bag/trunk - Dude, pistols must be transported unloaded in a locked container. The trunk counts as a locked container, but if it is loaded, it's being transported illegally. You're breaking the law by transporting it loaded regardless of how many trunks or locked boxes you're toting it in.

Don't want your gun taken? Then grow up and show you understand the law. It's not that hard. If you can't do that... then should you really have a gun, anyway? (not questioning rights here... but more the issue of responsibilty) I can sit here and grudgingly admit the right of a person to own a gun if they are an irresponsible half-wit ignorant gun owner. Doesn't make me want to be within a country mile of them though.

Quote:
I posted this story because the co-worker that told me these stories knows the business owner on hwy. 70 near Belden. I hope his buddies and relations telling their experiences are full of crap.
Regarding the law student, If a police officer looks me in the eye and asks if I have firearms in my car I have to tell him the truth. If he does not have the right to ask me to open the tonneau cover of my pick-up I would like to know my rights.
That is the problem with most of us, we do not know the laws and assume when a police officer says to show him a weapon or open the trunk, I am going to assume he can legally do it.
Again, I just hope this story is BS.
You HAVE TO UNDERSTAND THE LAW if you're going to be a gun owner in CA. At least, if you expect to CONTINUE to be a gun owner and on the right side of the cold grey steel bars.

I don't call BS on the stories... I just suspect you're not getting the WHOLE story...

As in:

Rifles confiscated - BB AR's with 10+ mags = illegal Assault Weapon
Concealed pistol - not listed on permit = illegal concealed weapon
Trunk gun - loaded (and not on ccw permit) = illegally transported weapon

Again, if that's all the officer did, was take the gun... your buddies got off easy IMHO. Trying to fight the felony criminal charges in court will cost them a lot more than the cost of a new gun. It could cost them a couple years of their life and their gun rights forever. Maybe this CHP guy is not such a jerk after all, if he lets them off with a warning and just takes the gun away from someone who obviously doesn't know (or care about following) the law?
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Old 05-07-2013, 12:47 PM
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SHOTGUN!
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Old 05-07-2013, 12:49 PM
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Quote:
Originally Posted by Rangem4 View Post
I have heard of three individuals losing their legally owned firearms in Plumas County courts.
Quote:
Originally Posted by Rangem4 View Post
I posted this story because the co-worker that told me these stories knows the business owner on hwy. 70 near Belden. I hope his buddies and relations telling their experiences are full of crap.

So. You heard it from a guy who heard it from a guy who heard it from some guys?

Cheers.

JR
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Old 05-07-2013, 1:00 PM
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My co worker told me he knows a busines man who told him his relatives and buddies told him a story..........nicely done.
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Old 05-07-2013, 1:03 PM
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Hey... How did that sneak in there? Hhhmmppff
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Old 05-07-2013, 2:22 PM
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No, it must be true. I seen it on the internet:
http://www.calguns.net/calgunforum/s...d.php?t=758328
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Old 05-07-2013, 2:30 PM
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IIRC if you say that you have a firearm in the vehicle , the officer can (and usually will) do an e-check to verify that it is not loaded. He will also usually (and probably illegally) run the serial number.

Tim


Quote:
Originally Posted by Thanatos2203 View Post
That's exactly how the officers can get you, because they know that the average person doesn't know their own rights. That's also how people get away with all those open carry police confrontation videos they like to splatter all over youtube and fb. If you tell them yes you have a gun in the trunk, it is not within their authority* to search your trunk (or covered truck bed) without your expressed permission or a warrant. An officer's "hunch" you have unregistered weapons will not hold up in court, by admitting you have a weapon that is not giving them probable cause to search your vehicle on a low priority traffic stop. ANYTHING (house, car, w/e) can be searched with consent.

Under Chimel v. California, LEO's are not allowed to search areas without a warrant and not incident to a VALID arrest. If they were to unlawfully arrest you and find "contraband" then said contraband would be considered "fruit of a poisonous tree" due to the Wong Sun case and will be suppressed in court.

An exception would be Horton v. California which refers to the "plain view doctrine" so if they see a gun sitting in your back seat or open truck bed they have the authority to seize it for their own safety.
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Old 05-07-2013, 2:35 PM
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Originally Posted by timdps View Post
IIRC if you say that you have a firearm in the vehicle , the officer can (and usually will) do an e-check to verify that it is not loaded. He will also usually (and probably illegally) run the serial number.

Tim
This. If an officer has probable cause that there is a firearm in your vehicle he can do a 12031 e check which only allows him to check if the firearm is loaded or not. Like you said though, most will also call in the serial number to check if it is stolen even though 12031 does not give them the authority to do that as it is considered an illegal search.
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Old 05-07-2013, 4:24 PM
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Quote:
Originally Posted by timdps View Post
IIRC if you say that you have a firearm in the vehicle , the officer can (and usually will) do an e-check to verify that it is not loaded. He will also usually (and probably illegally) run the serial number.

Tim

The one and only time I was pulled over (technically driving wrong way down the road) I was with two buddies in the car going out to some BLM land to shoot. We had a small arsenal in the back of the car including "rebuild kits" and unregistered firearms. The officer wasn't stupid and asked if we had weapons in the car. I told him yes but he left it at that, so my single experience was contrary to this. Maybe I just got lucky.
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Old 05-07-2013, 6:23 PM
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Intresting...
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Old 05-07-2013, 6:48 PM
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short of cops ripping me out of my car and searching it themselves, i'll never tell them i have guns in the car even when i do. if it doesn't relate to why i got pulled over, i'm going to lie about everything else asked.
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Old 05-07-2013, 7:31 PM
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iam with you scratch
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Old 05-07-2013, 7:47 PM
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Quote:
Originally Posted by Rangem4 View Post
I posted this story because the co-worker that told me these stories knows the business owner on hwy. 70 near Belden. I hope his buddies and relations telling their experiences are full of crap.
Either the person who told you this tale is full of FUD or you are.


Quote:
Regarding the law student, If a police officer looks me in the eye and asks if I have firearms in my car I have to tell him the truth.
Totally WRONG.

You DO NOT have to tell a State, County, City, or CHP officer the Truth. The only officers you can not lie to are Federal.

You need to understand your RIGHTS and their AUTHORITY to enforce existing LAWS.
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Old 06-11-2013, 6:27 PM
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Originally Posted by Sniper3142 View Post
Either the person who told you this tale is full of FUD or you are.




Totally WRONG.

You DO NOT have to tell a State, County, City, or CHP officer the Truth. The only officers you can not lie to are Federal.

You need to understand your RIGHTS and their AUTHORITY to enforce existing LAWS.
CVC 31 False information to a peace officer Misdemeanor. Arrest/Cite depending on which car towed inventory search firearm located and seized for safekeeping incident to arrest...

Just one of many possibles when lying to the police. If you don't believe me look it up. California Vehicle Code tells you what you are being cited/arrested for. Please stop giving people blatantly false information.... Remember you always have the right to remain silent (when detained you do have to identify yourself sufficiently).

Sorry for the necro thread, but it kinda had to be addressed.

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Old 06-11-2013, 6:42 PM
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Cvc 31 is dependent upon the vehicle code, not the pc. Now yhey may try to go with pc 148.

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Old 06-11-2013, 7:00 PM
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Quote:
Originally Posted by Rangem4 View Post
I have heard of three individuals losing their legally owned firearms in Plumas County courts.
There is an over zealous CHP officer running up and down the canyon of Hwy. 70. He pulls people over for a license plate bulb or a cracked w/shield, mud flaps etc.
He asks if you have any firearms and if you have a rifle that is not registered to you like many of us have they will confiscate it and the judge sides with the officer. If you have a CCW and the pistol is not on the permit it will be confiscated.
If you are a passenger minding your own business and at the bottom of a duffle bag in the trunk of the car the loaded 9mm pistol is loaded you will lose it.
He is a short fellow with a chip on his shoulder.
Beware if you are traveling Plumas County make sure you follow every rule and law for proper locked, not concealed, unloaded hand guns and rifles.
If it is legally carried you will be OK.
What concerns me the most is why they are grabbing guns.
Owning your Dad's 1956 Winchester rifle that never got transferred to you should not be a problem. This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".
This is a true story. A local business man living near Belden confirmed the above stories.
Well, there ya go.




constable, a month-old thread hardly qualifies as necro in my book.
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  #32  
Old 06-11-2013, 7:03 PM
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Originally Posted by Grumpyoldretiredcop View Post
I'm not buying this without proof. Sounds like FUD to me.
+100

Really? Long guns registered to you? LMFAO!

How far from Riverside County is Plumas County, I want to take a drive tomorrow... I will toss in a rifle or two and see how things go...
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  #33  
Old 06-11-2013, 8:16 PM
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Originally Posted by pbchief2 View Post
Cvc 31 is dependent upon the vehicle code, not the pc. Now yhey may try to go with pc 148.

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True. I made the assumption the scenario had to do with a traffic enforcement stop.

That's what I get for assuming.
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  #34  
Old 06-11-2013, 8:51 PM
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Sorry, but I'm calling FUD, you say you heard off these stories, then you say it's true because a business man confirmed the story.

You say the judge sides with the officer but if your carrying legally you'll be ok? So if that part is true, what's the problem? People should be carrying legally if not you pay the price, also unless a long gun is a Cali registered assault weapon, or listed as stolen, it's not going to come back with anyone's name on it.


Sorry but sounds just like all the other I know a guy who had a friend who said he heard his cousin say something happened to a guy and a local business man said it was true so it must be, sorry, not buying it.
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  #35  
Old 06-12-2013, 2:16 PM
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Originally Posted by Grumpyoldretiredcop View Post
I'm not buying this without proof. Sounds like FUD to me.
Its not FUD I also know someone targeted by this guy. The person I know had forgotten to renew his CCW. Was pulled over for mechanical violation and the chippie asked him about weapons, if he would have kept his mouth shut he woulda been fine. He is a store owner in PLumas Co. who carries cash from his store in the hills back down to Oroville frequently. He's lifelong resident and was treated very poorly- he was booked and lost the gun. No felony.

The rangers and CHP are teaming up, especially on weekends to harass people shooting in the NF. They are looking for non CA compliant AR's/AK's/std caps and are VERY aggressive and rude, even entering campsites and literally demanding to inspect weapons. One person was accused of "not respecting law enforcement" because he "crossed his legs" while being interrogated in his camp...
If you are shooting up there make sure you have VIDEO recording ability. Its the only thing theyre afraid of. Also, make sure you clean up, they will ticket you for leaving shell casings or any other debris, oh and dont shoot any trees, even dead ones!


I also know that last summer there were someone shooting off a bunch of tannerite..... Some whining hippies called it in and they were zipping up and down Caribou rd. code 3 like angry, impotent, lil bees trying to find them.... Whoever you were, be careful, we could hear it all the way to Belden and they thought it was the crime of the freakin' of the century...


watch yer 6 up there... methinks someones got DHS grant money to spend....
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  #36  
Old 06-12-2013, 2:45 PM
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Yup, I got my gun confiscated recently by a ranger. I don't have my CCW but if you look at PC 25400, there are several legal exceptions for non-permit holders. I was legal, and the guy knew it, but he took my gun anyway because I couldn't cite the PC by heart and he pretended not to see it in his little book.
I had my attorney call him the next day and cite the PC, and the officer agreed to drop the charges. Sounds great, yes?? Well, I'm still waiting to get my gun back.
Moral of the story is.....many of these LEOs will just take your gun, legal or not, and worry about the rest later. Unless you have oodles of money to sue him personally or his dept, there are really no repercussions for that officer. They will do what they want.
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Old 06-12-2013, 2:48 PM
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Originally Posted by Thanatos2203 View Post
I'm a criminology student at UCI and have taken a few law classes with a professor of mine who was also a personal friend and judge at the Superior Court in Santa Ana. I'm going to try and fill this in as best as memory serves, anybody with more authority please correct me if I'm wrong. Having weapons in your car isn't enough probable cause to allow for a search of your vehicle especially when you were pulled over for something like a tail light. A LEO can only search your glove box area and visually inspect the area within your immediate reach. The only reason they would be able to search your entire cab would incident to an arrest and simply telling them you have a gun in the trunk would no be enough PC for an arrest. Anything in the trunk cannot be accessed by the officer, only a post-impound vehicle inventory search. If they have arrested and read you your Miranda rights simply for having guns in the trunk then demand your rights under McNabb-Mallory and they have to take you in front of a judge ASAP to prove they had enough PC to make an arrest. If they tell you to open the trunk of your car to search the weapons whether you have been arrested or not, just do not comply and tell them it is not within their rights.
There is CA LEOs little ace in the hole called the "e"check. If they ask if you have guns int he car and you say yes.....they have the RIGHT under the law to examine the weapon and make sure it is unloaded, and you DO NOT have the legal right to refuse and "e"check.
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  #38  
Old 06-12-2013, 3:08 PM
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Originally Posted by Rangem4 View Post
If a police officer looks me in the eye and asks if I have firearms in my car I have to tell him the truth.
No, you don't have to tell him/her the truth by saying 'Yes or No'. All you can say. "There is nothing illegal in my car" If they get annoyed and asks you the same question, repeat!
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  #39  
Old 06-12-2013, 3:12 PM
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Originally Posted by Falstaff View Post
Its not FUD I also know someone targeted by this guy. The person I know had forgotten to renew his CCW. Was pulled over for mechanical violation and the chippie asked him about weapons, if he would have kept his mouth shut he woulda been fine.

watch yer 6 up there... methinks someones got DHS grant money to spend....
You contradict your own statement. The guy had a CCW. When he was stopped he didn't. It was expired. So the Chipy did nothing wrong. Your buddy was in the wrong and paid the price.
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  #40  
Old 06-12-2013, 3:39 PM
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Originally Posted by Rangem4 View Post
.
Owning your Dad's 1956 Winchester rifle that never got transferred to you should not be a problem. This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".
This is a true story. A local business man living near Belden confirmed the above stories.
I wonder what the end result would be if he confiscated a bunch of C&R rifles that are on my bound book "tied to me" but not in any AFS check he might do
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