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Open carry at Newport Beach-Update

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  • #16
    Patrick-2
    Senior Member
    • Dec 2010
    • 600

    Hugely bad idea.

    You and the movement gain nothing by scaring and pissing off a bunch of people who might otherwise be open to guns. Antagonizing LEOs and citizens is not a good thing. You have no "right" to OC...it's a legislative mistake.

    Make a scene and expect retribution for yourself and for the movement as a whole.

    Change won't happen overnight. If society is fearful of you, there are no number of court cases that will protect you and your rights. It will be a constant uphill struggle. Our end goal is to gain acceptance -- forcing others to adapt instantly to you is not going to help that acceptance.

    When we have court cases backing this as a "right", then we begin an education campaign in selected areas at selected times. We plan for acceptance, not shock. For starters...we begin in areas where LEOs will support us.

    No civil rights movement gains instant change or success. The time may come for non-violent protest...but not yet. It will hurt us at this point.
    Last edited by Patrick-2; 01-25-2011, 7:28 AM.
    ------
    Some Guy In Maryland

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    • #17
      The Director
      Veteran Member
      • Sep 2008
      • 2769

      Don't do it at this time. I personally would never UOC in Newport. It's the last place I would do that.....you'll get rolled man whether you're right or not.

      Comment

      • #18
        choprzrul
        Calguns Addict
        • Oct 2009
        • 6551

        In the long run, the $20,000 you spend on legal defense would be better put to use through a donation to the CalGuns Foundation.

        .

        Comment

        • #19
          uxo2
          Veteran Member
          • Dec 2008
          • 4003

          Originally posted by Hump0311
          I've seen them overreact to kids on a skateboard. I'm just saying. Do you have $20k set aside for a legal fund?
          Have someone away from you to video the moment for court....

          And exercise and fight foryour rights...or lose them.
          Only two defining forces have ever offered to die for you,
          Jesus Christ and the American Soldier.
          One died for your soul; the other for your freedom.
          George Patton

          Comment

          • #20
            GrizzlyGuy
            Gun Runner to The Stars
            CGN Contributor - Lifetime
            • May 2009
            • 5468

            Here is the Newport Beach municipal code. I skimmed it and didn't see a prohibition on open carry, just one on firearm discharge (chapter 10.24), but as Gene said you should check it carefully if you decide to go through with this.
            Gun law complexity got you down? Get the FAQs, Jack!

            sigpic

            Comment

            • #21
              AndrewMendez
              C3 Leader
              CGN Contributor - Lifetime
              • Jan 2009
              • 6782

              Originally posted by enchantor
              There is absolutely nothing unlawful about PD holding you at gunpoint in this scenario. You are armed and your danger is unknown. They have every right to maintain officer safety and public safety by using appropriate tactics (Including pointing guns at you etc etc) to detain you and check your weapon. Do you really want that all to happen with your kids? Common now.
              An e check is not legal. Exercising your right to own and carry unloaded a firearm with ammo next to it, is not illegal. Please enlighten me as to which part allows the cop to detain you, check your firearm, and run the serial number? The thread about Detective Tuason comes to mind.

              If you were driving your car, which can be used to kill someone just like a gun, and your sitting at a red light...does the cop have justification to stop you, hold a gun to your head, and check to see if your car is registered?
              Need A Realtor in SoCal? Shoot me a PM. :cool:

              Comment

              • #22
                paul0660
                In Memoriam
                • Jul 2007
                • 15669

                An e check is not legal
                Why do you say that?

                does the cop have justification to stop you, hold a gun to your head, and check to see if your car is registered?
                Other than the gun to the head part, which you have added for color, if the car's tags aren't current, yes there is justification.
                *REMOVE THIS PART BEFORE POSTING*

                Comment

                • #23
                  gumby
                  Senior Member
                  • Aug 2007
                  • 2331

                  Why piss people off, look what happened in Westminster--I witnessed the whole thing.

                  Comment

                  • #24
                    Patrick-2
                    Senior Member
                    • Dec 2010
                    • 600

                    Originally posted by TemporarilyIncognito
                    An e check is not legal. Exercising your right to own and carry unloaded a firearm with ammo next to it, is not illegal. Please enlighten me as to which part allows the cop to detain you, check your firearm, and run the serial number? The thread about Detective Tuason comes to mind.

                    If you were driving your car, which can be used to kill someone just like a gun, and your sitting at a red light...does the cop have justification to stop you, hold a gun to your head, and check to see if your car is registered?
                    Please (anyone) explain where this "right" is recognized. The relevant CA Code does not define a "right", it defines an "allowance". That means the ability to carry a gun is predicated on the will of the legislature.

                    Not some future, theoretical case that goes the right way. Not some philosophical argument. I want a ruling case decided by a CA appellate level court (or federal appellate) that recognizes you have a honest-to-god actual "right" to UOC (or any other manner of carry).

                    You won't find it.

                    So for all those thinking of UOC...keep in mind the distinction is not small. If you risk it anyway, be fully informed.

                    We need to using the word "right" to define the laws regarding UOC in CA; it just confuses people who might make a move that lands them in legal hot water. Rights cannot be abridged (easily) by the legislature. UOC can be voted down in minutes and you will have no recourse. The CA Supreme Court will not overturn legislative intent when it comes to UOC, unless some "right" is recognized to exist.

                    That is the difference between a "right" and an "allowance".
                    Last edited by Patrick-2; 01-25-2011, 9:51 AM.
                    ------
                    Some Guy In Maryland

                    Comment

                    • #25
                      domino
                      Member
                      • Jan 2010
                      • 243

                      Originally posted by choprzrul
                      In the long run, the $20,000 you spend on legal defense would be better put to use through a donation to the CalGuns Foundation.

                      .
                      or a nice start to a college fund for his kids.

                      Comment

                      • #26
                        CitaDeL
                        Calguns Addict
                        • May 2007
                        • 5843

                        I think its interesting that it hasn't occured to any of the posters above that there is a likelihood that if someone solo open carries for protection, that nothing extraordinary could happen. No stampede of frightened onlookers. No police response. No (e) check.

                        Instead, we have a carcophony of voices warning of the consequences and assuring that only harm will follow.

                        I can tell you from experience that solo open carry(I carried for a year before police were called) is a completely different animal than that of the organized meets where media and protestors join in. One cannot be equated with the other, any more than a single grain of sand can amount to a beach.

                        Unpucker a little bit, AB144 is coming and you wont have to worry about open carry much longer.



                        Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

                        Comment

                        • #27
                          ripcurlksm
                          Veteran Member
                          • Dec 2006
                          • 3146

                          Originally posted by locosway
                          At this time it's advised that people refrain from UOC for political reasons.
                          Originally posted by hoffmang
                          I believe that Newport Beach municipal code bans open carry. You should check that first.
                          Originally posted by Patrick-2
                          Hugely bad idea.
                          Originally posted by The Director
                          Don't do it at this time.
                          This is good advice. UOC is not going to advance LOC/CCW, the pro 2A lawyers will
                          Kevin

                          Comment

                          • #28
                            Don the savage
                            Senior Member
                            • Aug 2010
                            • 2094

                            Anyone who has dealt with newport beach pd knows you are making a huge gamble going there UOC. If you get The right officer (rhymes with glee) you might get dumped. Anyone familiar with the dept or the nb fire department knows what I mean. At the very least you can join the score of us who have visited the facilities on jamboree for no reason other than it gives them something to do.
                            I support peace through superior firepower.
                            "Para ser libre, un hombre debe tener tres cosas, la tierra, una educacion y un fusil. Siempre un fusil ! (To be free, a man must have three things; land, an education and a rifle. Always a rifle)" -Emiliano Zapata.

                            Originally posted by rsrocket1
                            Of course they are in free territory where they can pick up ammunition at the local 5 and dime without going through a criminal background check. All we get is legalized pot.

                            Comment

                            • #29
                              command_liner
                              Senior Member
                              • May 2009
                              • 1189

                              Woah!

                              There is an elementary school at 13th street south of the pier.
                              The playground extends toward the pier. Measure carefully.
                              What about the 19th? Can the Commerce Clause be used to make it illegal for voting women to buy shoes from another state?

                              Comment

                              • #30
                                NiteQwill
                                Calguns Addict
                                • Dec 2007
                                • 6368

                                Originally posted by CitaDeL
                                I think its interesting that it hasn't occured to any of the posters above that there is a likelihood that if someone solo open carries for protection, that nothing extraordinary could happen. No stampede of frightened onlookers. No police response. No (e) check.
                                Newport Beach PD is a different breed and animal. Not to mention the location is a huge tourist attraction. They (NBPD) WILL bring a reckoning (legal or not, per se).

                                The fate of the wounded rest in the hands of the ones who apply the first dressing.

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