Latest UOC LEA Memo

[MudCamper]

This one out of Sunnyvale.

http://www.opencarryradio.com/documents/Sunnyvale_California_Memo_18_Sep_09.pdf

Thanks, bad_ace, for uncovering this!

http://opencarry.mywowbb.com/view_topic.php?id=33126&forum_id=12

Quite a reasonable memo IMO. The author appears to be fairly pro-RKBA.

[ilbob]

Got to give the deputy chief credit for being honest and upfront about the situation, and insisting the department abide by the law and constitution.

You cannot ask for a whole lot more than that from any LEA.

[wash]

I'm glad to see that the officer who wrote the memo understands the issues.

I just don't like the fact that they are going to run the serial #.

[KylaGWolf]

Mudcamper after reading the first page of the memo I am not so sure he is on the side of UOC or not. While yes most of the memo seems to address problems that a lot of other departments seem to have regarding UOC. I found a couple of his statements to be a bit of a red flag. The comment about UOC members wanting to confront leos is a bit wrong but then again when I UOC it is not my intention to have any kind of interaction with LEO. To me a successful day of UOC is when I have NO contact with an LEO. Then again maybe because I am a disabled female I am not the typical UOCer either.

I do like the fact that the memo addresses the E checks. Although you and I both know that if they do an E check they are going to run the serial number since it is then in plain view. Which in and of itself is bothersome. I wonder if you ask them to do the 12031e check in front of you so you can assure they do not go hunting for the serial number in that check if they would find it offensive or not. I also like the fact that he too wants to have any encounter recorded by their officer.

[MudCamper]

KylaGWolf, yes it's not perfect, but it's a HUGE improvement over all the other OC memos. The fact that he states it's our right, and that they swore an oath to defend the Constitution speaks volumes.

[KylaGWolf]

I'm glad to see that the officer who wrote the memo understands the issues.

I just don't like the fact that they are going to run the serial #.

I noticed that too. Which is part of the reason I think that maybe this memo may not be as friendly as it mostly appears. I know on my gun the serial number is really easy to see if you look at the gun since it is on the stainless steel part and in black so it stands out. Not to mention that an officer is more than likely going to look that gun over real well during a check and can use the it was in plain sight line when it comes to running the number.

[KylaGWolf]

KylaGWolf, yes it's not perfect, but it's a HUGE improvement over all the other OC memos. The fact that he states it's our right, and that they swore an oath to defend the Constitution speaks volumes.

Yeah I will give it that . Now here is hopes that the rank and file do the same.

[bwiese]

I don't care if he's pro- or anti-... he has created a useful memo that properly outlines the matter and delineates the responses.

Now the PD can't say they're not "informed".

The sense of 'tolerant aggravation' may be a motivator for improved CCW issueance.

[woodey]

So is OK or not to put tape over your serial #? Reading this it appears illegal

[JDoe]

Wow, that is a good memo! Thanks MudCamper!

The part I don't understand is (page 1, paragraph 1) where the author states, "...this is a constitutional right.." Is he talking about the 2A or is there some other part of the Constitution that applies?

Another interesting tid bit I never thought of is (page 1, paragraph 2) where he states, "In fact the Constitution says they can and we all swore an oath to uphold and defend the Constitution and that is the bottom line." How does the Constitution apply to UOC? He isn't talking about the 2A is he?

My initial impression is that this memo is the beginning of adjusting LE practice for when the 2A is incorporated against the states in 2010?

[chuckles48]

Guys? Look at the beginning of para 2. "To be very frank, I do not like the fact people can carry an unloaded gun in a holster in plain view in public."

He doesn't like it, but he _will_ respect the law, and the constitution. Don't think you can ask for anything more than that.

And yes, I wish TC would be as straightforward.

[KylaGWolf]

I don't care if he's pro- or anti-... he has created a useful memo that properly outlines the matter and delineates the responses.

Now the PD can't say they're not "informed".

The sense of 'tolerant aggravation' may be a motivator for improved CCW issueance.

Oh good point .

[KylaGWolf]

So is OK or not to put tape over your serial #? Reading this it appears illegal

Yes if you cover your serial number then you have broken a law.

[MudCamper]

Yes if you cover your serial number then you have broken a law.

Many will disagree with you here. It's been discussed a lot over on OCDO but I do not have an informed opinion on it.

Although reading the PC 537e(a) and 12090 citations makes it pretty clear that it is illegal IMO. ETA and I'm wrong. See Decoligny's post below.

ETA here's a lengthy discussion about this: http://opencarry.mywowbb.com/view_to...=serial+number

[Maestro Pistolero]

Despite all of my legitimate concerns over LOC, memos like this make any assertion that the movement is not achieving it's goals absurd.