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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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Old 10-26-2018, 2:46 PM
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Default People v Bedolla: Illegal loaded carry under PC25850 is moral turpitude

When People v. Aguilar (2016) 245 Cal.App.4th 1010, was published, a lot of people on this forum expressed concern. Following Aguilar, a California Court of Appeal in People v. Bedolla (Oct. 22, 2018, H044681) found that illegal loaded carry under PC25850 is a crime of moral turpitude for impeachment purposes. I do not know if people have been denied CCWs because PC25400 or PC25850 are considered crimes of moral turpitude. People were speculating about that previously.
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Old 11-10-2018, 11:53 PM
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But I’ve read on CG it’s no big deal cuz the first offense is only a misdemeanor...




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Old 11-11-2018, 1:09 AM
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It a misdemeanor for concealed and another for loaded. If your pistol is not registered it can be a fealony. Many of us have owned pistols unregistered before 1990 and can still own that way if possessed before that time.
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Old 11-11-2018, 7:41 AM
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Quote:
Originally Posted by marcusrn View Post
It a misdemeanor for concealed and another for loaded. If your pistol is not registered it can be a fealony. Many of us have owned pistols unregistered before 1990 and can still own that way if possessed before that time.
And how is one to prove ownership before 1990? Not everyone keeps receipts...or has an "approved" paper trail documenting ownership of this or that firearm...
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Old 11-11-2018, 8:16 AM
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Quote:
Originally Posted by marcusrn View Post
It a misdemeanor for concealed and another for loaded. If your pistol is not registered it can be a fealony. Many of us have owned pistols unregistered before 1990 and can still own that way if possessed before that time.
Judges seem to prefer that prosecutors pursue only one of the two.

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Originally Posted by ulmapache View Post
And how is one to prove ownership before 1990? Not everyone keeps receipts...or has an "approved" paper trail documenting ownership of this or that firearm...
'Prove ownership before 1990' is not the issue; from 25400 though identical text is at the 'loaded' section,
Quote:
(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.

(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
After-the-fact documentation is not useful.

And, of course, the average out of state visitor is unlikely to have any handguns in AFS, so this is very likely to apply to them if they might carry here.
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There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


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Last edited by Librarian; 11-11-2018 at 8:19 AM..
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Old 11-21-2018, 5:44 PM
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Although, having a loaded & concealed weapon may be a misdemeanor; but, won't one still be arrested & booked?
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Old 11-21-2018, 8:29 PM
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Quote:
Originally Posted by mootman View Post
Although, having a loaded & concealed weapon may be a misdemeanor; but, won't one still be arrested & booked?
Yes.

Detained/jailed is another matter; depends on how crowded local jails might be, I think.
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No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


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Old 02-04-2019, 6:12 PM
Christopher761 Christopher761 is offline
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Quote:
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Although, having a loaded & concealed weapon may be a misdemeanor; but, won't one still be arrested & booked?
Misdemeanors are not mandatory jail.

Used to be, they would cite and release on a DUI. On more than one occasion, a drunk got out of custody, and then ran over someone. Now, in San Diego, DUI is always arrest and hold in the county jail for a while. And then they check your ride home to see if they are drunk. It also depends on whether they impounded the car.

Back before the legalization of marijuana, it was cite and release. Not even book. Unless the suspect was also being violent or dangerous.

As far as loaded gun in public, it is up to the officer. At a minimum, they are going to impound the gun and ammo and cite the suspect. Depending on politics, maybe he goes to the county jail. Also, it depends on the circumstances.
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