Yet another reminder: KNOW THE LAW WHERE YOU VISIT!

[J.D.Allen]

As I was looking over the criminal arraignment calendar for yesterday afternoon, the first case on the list caught my eye:

2 Counts of Possession of a deadly weapon under 12020(a)(1)
2 Counts of carrying a loaded weapon 12031 (IIRC)
1 Count of carrying a concealed weapon (can't remember the exact penal code section right now)

This got my blood boiling because of the lack of any charges about being a convicted felon, brandishing, assault, etc..he was only charged with having the firearms. So I looked at the complaint. The two counts of possession of a deadly weapon were for a "rifle", and a "handgun". They also added the enhancement for the pistol not being registered to him which made the case a felony.

Turns out he's from AZ, was visiting and got pulled over at a DUI checkpoint with a loaded pistol on the floorboard and a loaded rifle in the trunk. Now the poor guy is facing charges in a state where he doesn't even live, that could affect his right to ever possess a firearm again. All because he chose to be ignorant of the law where he was visiting. Everything he did would have been perfectly legal in Tucson where he's from. There is something seriously wrong with this.

So this warning goes out to everyone...KNOW THE LAW WHERE YOU VISIT!

[Cali-Shooter]

Only in CA. That's the sad truth about this disgrace of a US state.

[Glock22Fan]

Yes, a friend of mine drove from Utah right down to San Diego with a loaded revolver sitting near his feet. I spotted it when he called in to see me on his way home. He was astounded that this could be illegal anywhere in the United States.

Luckily he didn't get caught.

[CalBear]

Yes, a friend of mine drove from Utah right down to San Diego with a loaded revolver sitting near his feet. I spotted it when he called in to see me on his way home. He was astounded that this could be illegal anywhere in the United States.

Luckily he didn't get caught.

So if he were caught. Would he get a felony enhancement because the gun wasn't in the CA DOJ registry? And would this felony then take away his gun rights in Utah?

The whole concept of having such radically restrictive gun laws in some states makes no sense. Obviously it's a big mistake in any situation to assume the law in another state is the same as yours, but I can totally see how one would assume the RKBA protects such actions. Then again, anyone who assumes this probably hasn't had enough encounters with the nanny state of CA.

[Sajedene]

Ouch. That sucks. And yes, it is never safe to assume - especially when one comes to this state.

[J.D.Allen]

The whole concept of having such radically restrictive gun laws in some states makes no sense.

Tell me about it. I live in AZ and work in CA. I can almost feel the iron curtain come down around me every morning when I cross the border. It's one of the most stupid things I know of.

[NiteQwill]

I don't get how they can ding him for no registration. He's not even a resident of this state or a state that REQUIRES registration. No where does CA state law require visitors to register their guns.

Seems like that portion can easily be thrown out in court. All the other stuff, well, sucks to be him.

[Gray Peterson]

JD, Forward this information to CGF with names in specific. PM hoffmang specifically please. Thanks.

-Gray

[J.D.Allen]

Will do...if I can find the info. The guy retained one of the local hacks and I talked to him. He said he already worked something out with the DA for deferred prosecution. Not sure exactly what that means in this case...

[dantodd]

It occurs to me that the enhancement for unregistered handguns is an equal protections issue as ANY non-resident will automatically get the enhancement for even the most technical of violations.

[J.D.Allen]

Yeah well, they do that kind of stuff all the time in Imperial county...as an example they give tickets for tinted windows to cars with AZ plates. Tinted front windows are legal in AZ. I've even seen one for no front license plate on cars with AZ plates. AZ doesn't even issue front plates to cars registered there. Some of the LE in CA is so damn conceited and haughty it makes me sick sometimes. Although the Bailiff in the courtroom (Imperial county sheriff deputy and former lieutenant) said he would have just told the guy to unload his weapons and lock up the pistol...

[fiddletown]

Only in CA. ...

No, not only in California. The guy would have been in trouble in New York, New Jersey, Illinois, and, I believe, Massachusetts -- just to name four States off the top of my head.

There are also some States in which it would be illegal to have a loaded handgun in the car without a CCW recognized in that State. For example, open carry is legal in Washington State, but if the gun is loaded in the car, it's considered "concealed"; and you'll need a permit recognized in WA.

There are also, I believe, some States in which a loaded rifle in the trunk would be a problem.

Yes, there's a hodgepodge of laws from State to State. That's one of the prices we pay for a federal system in which States have some autonomy.

[Gray Peterson]

Will do...if I can find the info. The guy retained one of the local hacks and I talked to him. He said he already worked something out with the DA for deferred prosecution. Not sure exactly what that means in this case...

@%#$%^#$%@#$%@^@$^ Has he actually signed anything yet? Because there's some serious problems with the current statutes as it stands. Deferred prosecution=conviction for most purposes.

[J.D.Allen]

There are also some States in which it would be illegal to have a loaded handgun in the car without a CCW recognized in that State. For example, open carry is legal in Washington State, but if the gun is loaded in the car, it's considered "concealed"; and you'll need a permit recognized in WA.

Alabama has this exact same law as well

[J.D.Allen]

I don't think he signed anything. Yesterday they just did the arrignment and set out a pretrial until like January. Maybe I'll talk to the defense attorney some more, I haven't spoken with the defendant, and he signed a 977 waiver yesterday since he lives in Tucson and doesn't want to keep driving out here...so I don't think I'll get a chance to talk to him. I also have to be careful about getting involved since I'm a court employee I could potentially get in trouble...

I know it gets me all tied in knots too.