what consitutes "loaded"

[kf6tac]

So they can't protect themselves legally?

No, that section of the PC (Section 171e) has a specific exception for the Governor, the legislators, their families, and their security staff.

[Brianguy]

sunset insert: http://www.brownells.com/.aspx/pid=2...for_GLOCK_reg_

my gun was:

locked in a box
locked in the trunk of my car
magazines empty
no ammo in trunk nor box
1 round of 9mm in the sunset insert

I showed her calguns and she says to go by her PC not an internet forum. I kept trying to convince her that she was wrong, then her conclusion was that going to trial would cost more than pleaing guilty since the DA offered me to go to a 12 hour life lesson($375) + give DNA sample ($75) and my record would be cleared

If you never leave DNA at a crime scene you just might be in the clear to take the deal

or if you have a bunch of vacation days at work and want to fight it...
sounds like your lawyer is a public defender? my tax dollars at work getting you to take a deal.

[bigcalidave]

I think the OPs range buddy confused the laws on "loaded" with "concealed". I think it's people V hale? where having a handgun visible but magazines concealed led to a concealed charge. As usual, and as should be resolved by now, ammo near gun is not loaded!

[Timberline]

Sounds like Jeffu got some bad legal advice.

[MudCamper]

sunset insert: http://www.brownells.com/.aspx/pid=2...for_GLOCK_reg_

my gun was:

locked in a box
locked in the trunk of my car
magazines empty
no ammo in trunk nor box
1 round of 9mm in the sunset insert

I showed her calguns and she says to go by her PC not an internet forum. I kept trying to convince her that she was wrong, then her conclusion was that going to trial would cost more than pleaing guilty since the DA offered me to go to a 12 hour life lesson($375) + give DNA sample ($75) and my record would be cleared

OK. That device does not make your gun loaded. It fits exactly within the language of Clark. Your attorney should not go by an "internet forum", but she should read People v Clark. Your innocence is clear.

That being said, I understand if you decide not to fight for financial reasons, and take the misdemeanor charge. However, your attorney is fighting from a position of weakness when making a deal with the DA (if she is even fighting at all). All parties need to be shown Clark.

ETA: Print this out and show it to her.

[Jeffu]

Thanks so much guys, I've posted my concerns up before but a few members suggested removing it so I did. This is a private firm lawyer, I've tried explaining to her people v clark but she just disregards it and says $450 is cheaper than $1000 going to trial anyways.

[mmartin]

Thanks guys! is there anything i can do after I've already signed the paper accepting the DA's offer etc

IANAL but I believe if the paper has not already been submitted to the court you can still withdraw your plea agreement. usually there's a point where the judge looks at the plea agreement and asks you if you understand the agreement, penalties, and voluntarily signed the agreement, then the agreement is logged with the court and you are sentenced.

at least that's what I've seen done. if that hasn't happened yet, call your attorney and tell her the deal is off you want the signed plea agreement back. once you get it, then fire her. if you need a lawyer referal in So. Cal, let me know... there are several very knowlegeble firearms lawyers here in a variety of price ranges.

you need a fighter. with a brain. and a spine.

megan

[mmartin]

If you never leave DNA at a crime scene you just might be in the clear to take the deal

or if you have a bunch of vacation days at work and want to fight it...
sounds like your lawyer is a public defender? my tax dollars at work getting you to take a deal.

the whole DNA thing is reason enough to fight. my basic paranoia wouldn't let me take a plea like that just on that principle alone.
not to mention that You Are Not In Violation Of The Law!
why would you plead to something you Didn't Do?

ok, so it does cost something to fight. find the money.
megan

[mmartin]

That being said, I understand if you decide not to fight for financial reasons, and take the misdemeanor charge. However, your attorney is fighting from a position of weakness when making a deal with the DA (if she is even fighting at all). All parties need to be shown Clark.

before you plead the misdemeanor, you need to consider some of the following consequences:

1) while it's a small penalty, there may be summary probation attached to it as well.
2) if there's probation, any PO can stop and search at will without a warrant (your car, your person, perhaps your house although I'm not sure on that one)
3) if you are ever charged with anything else gun related (fairly or not) this misdo pleading will come back to haunt you. "well it's not the first time he's been charged with carrying a loaded weapon your honor..."
4) once your probabtion is up, you may be able to get this conviction expunged but that's additional lawyers fees to do so.
5) if anyone ever brings a restraining order against you (fairly or not) this will become a central issue.
6) it may be an issue if you ever need to have a background check done for a job or security clearance (for some it would matter, for some it wouldn't)

there's more to this than today's consequence with the misdomeanor charge. if your lawyer hasn't discussed any of this with you, it's time to fire her for THAT as well.

need to get your head up when you think about this stuff, it's not just this one thing.

megan

[mmartin]

Thanks so much guys, I've posted my concerns up before but a few members suggested removing it so I did. This is a private firm lawyer, I've tried explaining to her people v clark but she just disregards it and says $450 is cheaper than $1000 going to trial anyways.

you get what you pay for, and you're not paying enough to get good advice. that's the price for no effort, no knowledge, just get it handled fast, d**n the consequences.

think first... what's this really going to cost me? what could it cost me in the future?

megan

[johnthomas]

If you are worried about the legality of transporting loaded magazines to the range, why not transport empty magazines to the range and load them at the range? I don't see any advantage in loading them at home and transporting them to the range. When you return from the range the magazines are presumably empty because you have shot the ammunition, so half of your trip is already with empty magazines.

10 dollars an hour to shoot. Why pay the range for time spent loading up your mags when you can do it at home for free? A loaded gun, is bullets in the gun ready to fire. An unloaded gun is no bullets in the gun. Seems pretty simple to me.

[GuyW]

Thanks so much guys, I've posted my concerns up before but a few members suggested removing it so I did. This is a private firm lawyer, I've tried explaining to her people v clark but she just disregards it and says $450 is cheaper than $1000 going to trial anyways.

When this is all over, post her name so that CalGunners can avoid her.........
.

[GuyW]

4) once your probabtion is up, you may be able to get this conviction expunged but that's additional lawyers fees to do so.

Expungement doesn't mean squat.

.

[mmartin]

Expungement doesn't mean squat.

hm. I thought it meant that the conviction no longer shows up on your record. the *arrest* and the information about what you were charged with in that arrest will, but the conviction doesn't...
is that incorrect?
megan

[Jeffu]

Megan,

Thank you for all your effort and taking the time to explain to me, I still have a few more questions.

The attorney says i plead guilty, take the class and submit DNA sample by end of December then my record will be wiped CLEAN. As in no misdemeanor record, I can claim no arrest/misdemeanor in the future, including government jobs.

The reason why I accepted it was because she told me if i ever tried fighting it, there's still a chance of losing...

Thanks,
Jeff