SHOW ME THE FACTS ABOUT RUNNING A SERIAL IN AN OC SITUATION!!

[Untamed1972]

I wonder what would happen if a person demanded their gun back after the (e) check before the LEO ran the serial number.

OC: Now that you've verified my gun is empty, please give it back to me.
Cop: I need to run the serial number.
OC: No you don't penal code 12031 only allows you to inspect it to verify it is unloaded. I do not give you permission to keep my property any longer.
Cop:?????? (What can he do? Just quietly do his thing and ignore you?)
OC: Without Probable cause you MAY NOT seize my property and are violating my 4th amendment rights, I will pursue this legally if you do not return my propery immediately.
Cop: ??????

What can he do......he can tell you sit down and be quiet because you are being detained for the purpose of investigation of possible criminal activity and he is not required to explain his PC to you there on the curb. You are however required to comply with his orders and if you think he's wrong you take it up with a judge.....not the guy with the loaded gun and the badge.

How else do you think case law gets established? By arguing with the LEO on the street? No....it's by a LEO doing something he THINKS is legal only to have a judge tell him he's wrong and don't ever do that again, and then judges decision is binding on all other LEOs too.

Getting into a pissing match with a LEO on the street when guns are involved is onnly going to end badly for you, cuz anyway you cut the pie he IS going home at the end of the day.....there is no guarantee that you will however.

Knowing one's rights is not a guarantee will not be arrested. But knowing your rights and obeying the law will go along way to make sure that anything you get charged with won't stand up in court.

Get it?

Just look at all the cases of people getting arrested for OC in other states where they are getting charged with disturbing the peace. No mention of any specific gun related violation.....no they blindside you with some BS disturbing the peace charge.

[6172crew]

Your buddy may want to review "Terry v Ohio" and look at PC 12031 (e) as a loaded exam only and not as criminal detention (unless r/s or p/c is developed or is known otherwise)

IF the police are lawfully detaining someone for a suspected violation of a crime (even PC 415 - disturbing the peace; noise or fighting words as gun carriage is not DtP) then yes an incidental search of records (name, DOB, serial number if they know them) would likely not violate the 4th A.

Absent specific articulable facts about a crime from a known caller or observation by an officers then no, those searches and detention would likely be a 4th A. violation.

The call from anyone would give the LE cause is his point. If a person calls because they are uncomfortable about seeing a firearm isnt breaking the law but doesnt that "disturb the peace?"...giving the officer a reason to run numbers.

[Untamed1972]

The call from anyone would give the LE cause is his point. If a person calls because they are uncomfortable about seeing a firearm isnt breaking the law but doesnt that "disturb the peace?"...giving the officer a reason to run numbers.

Just because someone is doing something that I dont like or makes me uncomfortable doesn't automatically make it distubing the peace.

If what you are doing is legal then there is nothing they can do about it.

Just like having a party at your house. During certain hours of the day you can make noise and play music. During those hours if your neighbor doesn't like it..... Tough Sh**. After the designated hour set by local ordinance, you better shut it off and keep quiet.

So what if my neighbor is uncomfortable at the site of my lawn mower? Does that mean I can't mow my lawn anymore for fear of distubing the peace?

[berto]

IT DOESN'T MATTER.

YOU'LL LOSE THE ARGUMENT.

YOUR LAWYER MIGHT WIN.