Open Carry Story...

[4thSeal]

I went to Manteca PD about 1/2 hour ago to speak with the watch commander... His name was Lt Lassel, and he was the officer that was spoken to over the phone by the initial uniformed officer.

First off I thanked him for knowing the law and not having his officers arrest me.

Proceeded to explain to him that the off duty guy said he knew of case law that just having a loaded magazine near by or ammo in the vicinity of a unloaded firearm made it loaded. I ask the LT if he knew of any case law to that effect and he said no but that the patrol officers get updates on that stuff.

LT asked if I was a new resident, and i said no i have lived in manteca for 20yrs. He asked in that time how many people have you seen carrying? I told him a couple but some had badges some didnt so I assumed at the time the badgeless ones were under cover.

I then proceeded to tell him that I thought it was wrong that the 2nd and 3rd in officers said that they should arrest me and let the DA decide because they didnt know the law. And that one of them mentioned confiscating my firearm even though I did nothing wrong. The initial officer to his credit said he couldnt take my weapon I was not commiting a crime. The LT. didnt have a response to that.

LT mentioned I didnt have a blanket permission to carry now, that I could still be arrest if circumstances were different...

Calling the DA now see what they say...

[USN CHIEF]

LT mentioned I didnt have a blanket permission to carry now, that I could still be arrest if circumstances were different...

Calling the DA now see what they say...

Thanks for the update 4thSeal... And good on you for going to talk to the LT..

[M1A Rifleman]

Good for you. Contacting the DA for a clarification on the law maybe, but I would think the Police Chief would be a better contact regarding keeping his hurd educated on the law and to not just arrest people for a lack of understanding of the law or becasue they don't agree with it.

[ViPER395]

Awesome job 4th

[4thSeal]

I tried to call the DA's office here in manteca, the lady that awnsered the phone said we cannot give out legal advice and I explained the situation/story asked if there was a way to speak to the DA and she said no. Recommended i google case law or consult a private lawyer. She was pleasent and didnt seem shocked about what happened. She said unless there is a citation or case number or something PD sent them review that wasnt of their concern.

[MudCamper]

So in the end they are trying to disarm you with FUD (fear-uncertainty-doubt). LEO say there may be case law that makes it illegal. They say they may or may not arrest you and charge you, but won't say with what. They tell you to call the DA. The DA says they won't give legal advice. Total BS run-around. I'd ask the LEOs again for the case law that they claim exists.

[aplinker]

Wow. Just wow.

Kudos to you on action, follow-up, everything. I'm highly impressed.

[tteng]

If I OC an unloaded pistol w/o ammo on me, is this same as carrying a paper-weight by law while making a public statement?

[M1A Rifleman]

I tried to call the DA's office here in manteca, the lady that awnsered the phone said we cannot give out legal advice and I explained the situation/story asked if there was a way to speak to the DA and she said no. Recommended i google case law or consult a private lawyer. She was pleasent and didnt seem shocked about what happened. She said unless there is a citation or case number or something PD sent them review that wasnt of their concern.

Another option may be to attend the next City Council meeting and during the open public forum make a statement - that you exercised your legal right, only to be threatened with arrest and you would like to know why PD is making up law in the field and does not seem to know why OC is legal. Then hand each member of the Council a copy of the OC information and request the City forward a copy to the Chief for information.

[USN CHIEF]

Another option may be to attend the next City Council meeting and during the open public forum make a statement - that you exercised your legal right, only to be threatened with arrest and you would like to know why PD is making up law in the field and does not seem to know why OC is legal. Then hand each member of the Council a copy of the OC information and request the City forward a copy to the Chief for information.

You brouht up and excellent point.. I know that there has to be more Manteca Cal Gunners that could show up to that Council Meeting and make more noise...

[cobra198]

Kudos to you sir! You knew your rights and handled the situation well. Very well done!

[Ugly Dwarf]

4th,

Thanks for the write up, information on OC and follow up posts.

I'm glad to see someone pushing correct law, when most of us (including me) are not willing to risk the headaches that can go with that.

Dwarf

[supersonic]

I *know* someone who open carries in a city about an hour North of Manteca, and he has yet to encounter such interaction with LEO regarding said subject. This person has walked right by parked cruisers in strip mall parking lots and has always acknowledged the officer in his "workmobile." Many times this guy's strong side was facing the cop. Pretty boring (and short) story. So Far. BTW, to the O.P.- way to go, man. That's the way to keep your head up & stay strong. I know someone who will be using your experience (and up-to-date info) as a model for what to do should things "go South" for him.

[4thSeal]

My only concern is that manteca city will pass a ordenance prohibiting open carry if i continue to press it up the chain of command.

[MudCamper]

My only concern is that manteca city will pass a ordenance prohibiting open carry if i continue to press it up the chain of command.

They might, but then they'd violate CA state law preemtion, I believe. The local ordinance would be illegal.