Open Carry Story...

[E Pluribus Unum]

I was a tad put off by the notion of just arresting him, and letting the DA sort it out. Like it's no big deal to put someone in jail... Umm, I think it IS a big deal, and anyone, cop or no, that causes someone to be wrongly jailed should end up there themselves if they are wrong-maybe nitwits like this guy would spend more time learning the laws, instead of just enforcing them?

I was arrested for carrying a concealed firearm while returning home from a hunt. I had my hunting license and my deer tag on my person and I was in BFE. When he discovered I had a concealed weapon, poop hit the fan. I went to jail for the 12 hour hold and then had to spend $1500 and the next 60 days fighting the CHP to get my guns back.

After it was all said and done, I lost $2000 and 12 hours of my life. When I asked the attorney about suing them he said there is a mistake of law defense. ALl the officer has to do is articulate that he THOUGHT the law was being broken. In order to sue one would have to prove willfull disregard which is near impossible.

Basically, if an officer can say "I thought it was illegal" you go to jail and they sort out the rest later.

[CitaDeL]

Basically, if an officer can say "I thought it was illegal" you go to jail and they sort out the rest later.

Now isnt that what Quick Code is for?

Perhaps if they had bothered to check, they wouldnt have wasted your time and money- and that of the courts.

[Matt C]

Perhaps if they had bothered to check, they wouldnt have wasted your time and money- and that of the courts.

Yeah, but as you can see from my case and the BSP case, they don't bother. Or if they do, they have very poor reading comprehension. It seems this gets worse the higher up in the department you go.

[Kelvrick]

Now isnt that what Quick Code is for?

Perhaps if they had bothered to check, they wouldnt have wasted your time and money- and that of the courts.

I love how ignorance isn't an excuse when we break the law, but not for them.

[savs2k]

it's Milpitas....just don't speed. THAT will piss them off.

hah I bet i beat all of you in milpitas. I got stopped a few weeks ago for warming up my car and have a cigarette (on my driveway) They said I was looking suspicious but 2 cars came and blocked me in.

[Kaptain]

shoot, i have a story for you

i have a CCW permit. at the time on the permit i had a walther P22 ,a desert eagle and of course, my trusty springfield match 1911. i generally carry openly, and dont bother concealed carry. one day, i bought a new pancake holster for my P22 and decided to carry it, so i slapped it on under my t shirt and forgot about it. i decided that evening to go to subway and get a couple of hot foot long pastrami sandwiches, so i jumped in the truck and took off. i got my sandwiches and headed home. well, when i pulled in my driveway, i heard at the top of this guys voice "GET ON THE F*CKIN GROUND NOW!' and turned around to see this guy pointing a glock 22 in my face. well, here it is here in the dead heat of summer and 117 degrees outside,me in a t shirt and shorts,etc and he made me at gunpoint get down on the ground face first. OK. he called the sheriffs department and 5 sheriffs cars responded. every single one of them knew i had a permit, but come to find out the cop that pulled this was an out of town guy. he didnt even bother to call it in ( he had a radio with him as the sherrifs in the ajacent county all worked on the same frequency) as if he did, he would have known right away i have a permit ( as its attached to your name and file in the computer). the sherrifs that responded jumped his *** bigtime ( they were all personal friends of mine). that didnt do anything for my 2nd degree burns all over my front. this guy had seen the print of my gun at the restarant and followed me like 5 miles home.

to make a long story short, this guy came back to my house 3 TIMES within an hour to tell me how sorry he was. he was afraid i was going to sue his *** and his departments....

point is, in all the years i have carried, ive never ever been harassed for open carry, never asked for my permit,etc. i wore it that one time concealed and sh*t hit the fan....

[Kaptain]

oh, and one more thing.....

laws are quite a bit different as far as transporting and carrying firearms IF you have a VALID HUNTING LICENSE and are c omming from or going to hunting....

[Pred@tor]

Heck, I'm willing to give it a go when I get home to SLO. I think I'll get more hassle from my wife than the Cops though

I have been thinking of OC in Nipomo but the hassle by LEO is all that I worry about! I mean should we notify the Sheriffs or tell them our intentions before doing so? What you think?

[Matt C]

ANYONE PLANNING OPEN CARRY IN CA: PLEASE DO NOT DO SO WITHOUT SOMEONE FILMING FOR YOUR PROTECTION. If you don't know anyone, I'll do it myself. PLEASE do not get be doing this without a (video) witness of what happens.

[GuyW]

I love how ignorance isn't an excuse when we break the law, but not for them.

Again - we need a legislator to carry a bill that fixes this.

What's LE gonna argue? It's too difficult to know WTF they're doing??

[AJAX22]

Quit spreading FUD.

It's just as legal to open carry here in CA as it is in AZ besides the different loaded/unloaded requirements.

The key is the difference in acceptance.
The more people we get open carrying here and not causing problems, the more acceptable it becomes.
THAT is the goal.

Feel like having some coffee over glocks

[DDRH]

I was arrested for carrying a concealed firearm while returning home from a hunt. I had my hunting license and my deer tag on my person and I was in BFE. When he discovered I had a concealed weapon, poop hit the fan. I went to jail for the 12 hour hold and then had to spend $1500 and the next 60 days fighting the CHP to get my guns back.

After it was all said and done, I lost $2000 and 12 hours of my life. When I asked the attorney about suing them he said there is a mistake of law defense. ALl the officer has to do is articulate that he THOUGHT the law was being broken. In order to sue one would have to prove willfull disregard which is near impossible.

Basically, if an officer can say "I thought it was illegal" you go to jail and they sort out the rest later.

Well, if you can't sue the officer, can you sue the department for negligence? Or lack of training? something LEO's should know, since it IS their job?

[E Pluribus Unum]

Well, if you can't sue the officer, can you sue the department for negligence? Or lack of training? something LEO's should know, since it IS their job?

No, the response I got was that cops are not attorneys and should not be expected to know the "ins and outs" of all the laws and the case laws.

If the same cop arrested another hunter in the same circumstances 4 more times, that might be worth a lawsuit but one or two times is not a proveable case.

[DedEye]

No, the response I got was that cops are not attorneys and should not be expected to know the "ins and outs" of all the laws and the case laws.

If the same cop arrested another hunter in the same circumstances 4 more times, that might be worth a lawsuit but one or two times is not a proveable case.

What if you have a certified mail receipt that you sent the PC and relevant documentation to the department?

[ar15barrels]

Feel like having some coffee over glocks

Check into the LA City and Culver City regulations and I'm game.