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Jury Duty and the 2nd Amendment

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  • #16
    Cobrafreak
    Senior Member
    • Oct 2008
    • 1335

    I had jury duty recently in Sacramento and although I didn't get an opportunity to be a juror, I did get to the courtroom for the selection process by the lawyers. In the questionnaire they were asking questions from there was the question "do you belong to the NRA or any other such organization?" One fellow said he did and the judge said, "only as far as gun rights and ownership go or are you into victims rights or other such agenda?" I thought it was interesting.

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    • #17
      aklon
      Veteran Member
      • Jan 2007
      • 3021

      Originally posted by Californio
      <snip>

      So without Due Process I am stripped of my Natural Right to be able to defend myself as well as the 2nd Amendment.
      This is why you should always answer the Jury Summons. You might be hearing a case involving someone who used a gun to defend themselves only to have an over-zealous anti-gun DA try to make "an example" out of them.

      The Jury has the power: use it!
      Freedom is the dream you dream while putting thought in chains.

      - Giacomo Leopardi

      Comment

      • #18
        guntrust
        CGN/CGSSA Contributor
        CGN Contributor
        • Jun 2009
        • 793

        Originally posted by I open carry
        Just open carry an empty holster to the courthouse and every defense lawyer in the country will excuse you
        i actually did this once, and got excused
        David R Duringer JD LL.M (Tax), CA/WA/TX atty
        CRPA Mag Must Retract Erroneous Bulletin Slamming Gun Trusts
        Radio ads: http://Protect.FM
        FREE training: http://guntrust.org
        FREE design meeting: http://Protect.LIFE

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        • #19
          JohnC'sBobcat
          Junior Member
          • Sep 2006
          • 83

          I used to be a Bailiff. We would escort (yes, with an armed Deputy) anyone who asked to be escorted to their vehicle. And we kept an eye on our parking lots.

          Some of the things that the Local Rules of Court required be confiscated were, IMO, kinda silly, but it's the judges' house and it's their rules.

          Oh, and we did have lock-boxes for firearms. Unfortunately, "someone" in the Department insisted that they be installed on the outside of the Building, in full view of the wide world. /facepalm....
          "In a man-to-man fight, the winner is he who has one more round in his magazine."
          -Erwin Rommel

          Comment

          • #20
            Cokebottle
            Señor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Originally posted by OleCuss
            There is a chance that if you contact them in advance (and maybe even if you don't) that you can show up, state that you have a firearm, have secure storage provided for the time you are there, you re-arm as you leave and you're good to go.

            The courthouse is one location which may remain a "sensitive are" even after all the legal wrangling is done.
            +1

            Even LEO can not carry into the courtroom unless they are acting as an employee of the court (bailiff, etc...)
            - Rich

            Originally posted by dantodd
            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

            Comment

            • #21
              JohnC'sBobcat
              Junior Member
              • Sep 2006
              • 83

              Originally posted by Cokebottle
              +1

              Even LEO can not carry into the courtroom unless they are acting as an employee of the court (bailiff, etc...)
              Not where I worked. LE were allowed to carry there if on official duties. Now, if they were there as private citizens and not as LE (family law etc) then they weren't allowed to carry.

              Probably it depends on the courthouse, though. Modesto, I gather, doesn't allow anyone to carry except the bailiffs and such.
              "In a man-to-man fight, the winner is he who has one more round in his magazine."
              -Erwin Rommel

              Comment

              • #22
                Cokebottle
                Señor Member
                CGN Contributor - Lifetime
                • Oct 2009
                • 32373

                Originally posted by JohnC'sBobcat
                Not where I worked. LE were allowed to carry there if on official duties. Now, if they were there as private citizens and not as LE (family law etc) then they weren't allowed to carry.

                Probably it depends on the courthouse, though. Modesto, I gather, doesn't allow anyone to carry except the bailiffs and such.
                It may depend on whether they are "simply on duty" or actually a party to the case.
                - Rich

                Originally posted by dantodd
                A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                Comment

                • #23
                  BigRig81
                  Member
                  • Mar 2011
                  • 477

                  Originally posted by Cokebottle
                  +1

                  Even LEO can not carry into the courtroom unless they are acting as an employee of the court (bailiff, etc...)
                  Wrong, I was in the selection process to the gustine mongol murder case, and the investigating officer on that case always wore his weapon into the courtroom. I actually asked him if he had to be on duty, and he told me "nope, LE can only NOT carry when they are part of the jury." This was merced.
                  Colt: the original point and click interface.

                  Comment

                  • #24
                    Seeker
                    Member
                    • Feb 2011
                    • 375

                    Originally posted by Californio
                    No problem with the Sensitive Area, I respect the need, but they make NO Storage available, which is the problem. I do not have an LTC, Santa Barbara County Sheriff for the most part does not issue them, but I have carried a pen knife all my life, even in the Cub Scouts at School, and have carried a defensive folder for many years, its they feel no obligation to provide me Storage. So when I walk out the Court House doors, they could care less that I have no means of defense. This is Wrong.
                    Just an FYI, pen knifes are illegal in Cali.

                    Comment

                    • #25
                      EOD Guy
                      Senior Member
                      • Oct 2005
                      • 1229

                      Originally posted by Seeker
                      Just an FYI, pen knifes are illegal in Cali.
                      I don't think so. Do you really know what a pen knife is?

                      Comment

                      • #26
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by Seeker
                        Just an FYI, pen knifes are illegal in Cali.
                        yup.

                        12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
                        (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses ... any writing pen knife,



                        Originally posted by EOD Guy
                        I don't think so. Do you really know what a pen knife is?
                        do you?

                        12020(c)(19) As used in this section, a "writing pen knife" means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device.
                        Jack



                        Do you want an AOW or C&R SBS/SBR in CA?

                        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                        Comment

                        • #27
                          scarville
                          CGN/CGSSA Contributor
                          • Feb 2009
                          • 2325

                          Originally posted by EOD Guy
                          I don't think so. Do you really know what a pen knife is?
                          I'll wager he is thinking of a knife disguised as a pen. Old farts like me know that "pen knife" is just another name for a pocket knife.

                          Just another example of legal terminology not corresponding to the English the rest of us speak.
                          Politicians and criminals are moral twins separated only by legal fiction.

                          Comment

                          • #28
                            a1c
                            CGSSA Coordinator
                            • Oct 2009
                            • 9098

                            I had a waiter's key the other day (corkscrew and small blade to cut foil on wine bottles), and the metal detector technician at the entrance of the court building told me to leave it in my car.

                            I don't see it as an infringement to my 2A rights to prohibit firearms or knives in court buildings. It's a safety measure that has good grounds, as there are plenty of documented incidents of perps trying to stab or shoot defendants or witnesses.

                            Witnesses and victims should feel safe in a court building, with no fear that someone, even carrying legally, could suddenly shoot them - that's one of the reasonings behind the no weapons policy in court buildings.
                            WTB: French & Finnish firearms. WTS: raw honey, tumbled .45 ACP brass, stupid cat.

                            Comment

                            • #29
                              ironpete
                              CGN/CGSSA Contributor
                              • Dec 2007
                              • 299

                              Originally posted by donw
                              it's easy to get out of jury duty.
                              You all realize that jury duty is one of our responsibilities as citizens right?

                              How many are fond of saying, "I'd rather be judged by 12 than carried by 6"?

                              Yeah it sucks to be taken out of work but if no "rights minded" people show up what then? You want to be tried by a jury of sheeple?

                              This is simply a matter of the golden rule...I hope you get the jury you deserve.

                              -Pete
                              Wealth without work
                              Pleasure without conscience
                              Knowledge without character
                              Commerce without morality
                              Science without humanity
                              Worship without sacrifice
                              Politics without principle
                              - Ghandi, Mohandas (The Blunders of the World)
                              Rights without responsibilities
                              - Ghandi, Arun

                              Comment

                              • #30
                                Decoligny
                                I need a LIFE!!
                                • Mar 2008
                                • 10615

                                Originally posted by ke6guj
                                yup.

                                12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
                                (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses ... any writing pen knife,





                                do you?

                                12020(c)(19) As used in this section, a "writing pen knife" means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device.
                                From Webster's II Dictionary
                                Pen Knife: A small pocket knife.

                                The term originated back when the goose feather quill was the state of the art in writing. When a feather was being prepared to be used as a pen, a gentleman would use a small pocket knife to trim the end of the feather and cut the quill at the appropriate angle. The any small pocket knife was termed a "pen knife".
                                sigpic
                                If you haven't seen it with your own eyes,
                                or heard it with your own ears,
                                don't make it up with your small mind,
                                or spread it with your big mouth.

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