Have you heard of this? Marine arrested for legal OC yesterday

[exon111]

http://thehighroad.org/showthread.ph...32#post4672132 He wants suggestions for a good attorney. It happened in Oceanside.

[Solidmch]

There are a lot of cops that do not know the laws.

[artherd]

The Right People are on it.

[SteveH]

made bail fast.

[Crazed_SS]

I hate to say, "told you so".. but you can be assured, this will keep happening to OCers in San Diego County. Like I said, the LEOs here interepret loaded as mentioned in the THR post there..

The Charge is Carrying a Loaded Firearm in Public, and it wasn't loaded. The magazine was full, in a Magazine pouch, attached to the holster, and the officer told me that that was considered loaded

[tyrist]

I think the confusion probably has to do with 12031(g) which says attached to the firearm in anyway. Since the magazine was attached to the holster which held the gun. So I could see where confusion might have occured. He should have kept the magazine in his pocket.

[Crazed_SS]

I think the confusion probably has to do with 12031(g) which says attached to the firearm in anyway. Since the magazine was attached to the holster which held the gun. So I could see where confusion might have occured. He should have kept the magazine in his pocket.

That's not it. SD County LEOs are taught a loaded magazine in close proximity to the gun can be considered loaded. Someone here mentioned contacting Ventura County Sherriff Dept and they were using this same interepretation.

[artherd]

Many LEOs are under this mistaken impression.

They are WRONG, pure and simple.

And they will pay for their mistake. They'll pay even more if we can show knowing

[Decoligny]

Marine Falsely Arrested for Supposed "Loaded" Open Carry

Anyone who can possibly help this fine Marine on OpenCarry.org with any legal representation or referals would be greatly appreciated. I hope he pushes to get this thing ruled on. And if they throw it out, I hope he pushes a hefty lawsuit.




The Plan: http://opencarry.mywowbb.com/forum12/13075.html

Posted by "bobbarker"
First time poster, but I've been digging through all the PC I could find for what seems like forever now(6 months or so...) And I think I'm finally up to speed with all the CA regs. on Open Carry. However, I have thought that about a half a dozen times. Now, It being national open carry weekend(starting today,) I plan to Open Carry when I go out and celebrate for the Fourth. Here's my gameplan, tell me if you see any flaws.

I live in Vista, which is in Northern San Diego County, for anyone who doesn't know, and I am heading to Oceanside, also North San Diego County. Leaving the house there is a school right across the street, so I will have to take my Pistol out to the car in a locked case, unloaded. Once I get to the Pier/Beach area, I can then wear the pistol openly, unloaded, with a full 10 round Magazine in a magazine pouch that is attached to the holster, provided the beach is not a national or state park. Don't know if they even come close to considering that, but, I'll check. Before coming home, I'll put it back in the locked case to prevent OCing through a school zone, and take it back into my home, where I'll reload it. The Pistol is registered in Michigan, not in CA, but I am Non Resident Military, stationed here, so I don't need a CA Registration.

I think that's everything, so does that sound good? Kinda nervous about OCing out here for the first time, so, let me know if you see any flaws. Thanks a ton, and I love what you guys are doing here. And I'll definately have that flier with me.


The Results: http://opencarry.mywowbb.com/forum12/13108.html

Posted by "bobbarker"
So, I did it. I OC'd down to the beach to enjoy the Fourth of July, and, I got arrested. The Charge is Carrying a Loaded Firearm in Public, and it wasn't loaded. The magazine was full, in a Magazine pouch, attached to the holster, and the officer told me that that was considered loaded. As I understood it, it was not considered loaded unless it was ready to fire, meaning Magazine in the weapon. Any help I can get on this is hugely appreciated, and any Gun Lawyers out there, if you're interested in this, gimme a PM and lemme know. A Marine is Arrested on the 4th of July for Exercising his rights to carry a gun. Poetic freakin justice, huh?

[Hopi]

That's not it. SD County LEOs are taught a loaded magazine in close proximity to the gun can be considered loaded. Someone here mentioned contacting Ventura County Sherriff Dept and they were using this same interepretation.

Perhaps for situational awareness and safety's sake, the department trains arrest procedures under this 'interpretation', but from the OP's report, the firearm was clearly not 'loaded'.

The "I told you so"'s should be saved for after The Right People get done with the case.

[Decoligny]

I think the confusion probably has to do with 12031(g) which says attached to the firearm in anyway. Since the magazine was attached to the holster which held the gun. So I could see where confusion might have occured. He should have kept the magazine in his pocket.

And then he could have been arrested for carrying a concealed weapon per the case law of People V. Hale: http://www.calguns.net/calgunforum/s...ad.php?t=93294

[SteveH]

The entire beachfront is likely a city or county park. sounds like they arrested him for the wrong charge.

[Decoligny]

Looks like this is a duplicate post and the Right People are already on the Case.

[LOW2000]

The other concern would be the magazine pouch possibly concealing the magazine.

[dustoff31]

The other concern would be the magazine pouch possibly concealing the magazine.

Why? AFAIK, carrying a concealed magazine is not a crime.