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why do so many come in here and BASH COPS

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  • J-cat
    Calguns Addict
    • May 2005
    • 6626

    Ron-Solo,

    Specifically, what Penal Code section violation are you investigating when you decide to harass a public shooting range customer?

    My reading of the Penal Code shows only one section making simple possession of an AW illegal: PC 12280

    Any person who, within this state, possesses any assault
    weapon, except as provided in this chapter, shall be punished by
    imprisonment in a county jail for a period not exceeding one year, or
    by imprisonment in the state prison.
    That very same Penal Code section also says that it does not apply to anyone who possesses a registered AW:

    (o) Subdivisions (a), (b), and (c) shall not apply to any of the
    following persons:
    (1) A person acting in accordance with Section 12285.
    Since possession of a registered AW is not illegal, the only Penal Code section you are left with is 12285 which specifically permits possession of said AW at a public shooting range:

    (c) A person who has registered an assault weapon or registered a
    .50 BMG rifle under this section may possess it only under any of
    the following conditions unless a permit allowing additional uses is
    first obtained under Section 12286:
    (1) At that person's residence, place of business, or other
    property owned by that person, or on property owned by another with
    the owner's express permission.
    (2) While on the premises of a target range of a public or private
    club or organization organized for the purpose of practicing
    shooting at targets.
    In light of the above, where is your reasonable suspicion that criminal activity is occurring?

    Otherwise, you are just fishing.

    There is nothing in the Penal Code requiring anyone to furnish proof of AW registration to a peace officer.

    The only law that imposes such a duty is the Vehicle Code:

    4462. (a) The driver of a motor vehicle shall present the
    registration or identification card or other evidence of registration
    of any or all vehicles under his or her immediate control for
    examination upon demand of any peace officer.
    Are you confusing the Penal Code with the Vehicle Code?
    Last edited by J-cat; 06-10-2009, 9:28 AM. Reason: Additional info.

    Comment

    • masameet
      Veteran Member
      • Jun 2008
      • 4487

      You know, the irony of this thread is two cops are bashing each other.

      Where on the worldwide web but Calguns would such a thing occur? lol
      x

      "Let those find fault whose wit's so very small,
      They've need to show that they can think at all;
      Errors, like straws, upon the surface flow;
      He who would search for pearls, must dive below." -- John Dryden

      Comment

      • Ducman
        Senior Member
        • Nov 2008
        • 2107

        Originally posted by masameet
        You know, the irony of this thread is two cops are bashing each other.

        Where on the worldwide web but Calguns would such a thing occur? lol
        +1 Just to darn funny

        Masameet, are you also member at ducati.ms ???
        sent from my iPhone 1911 using Tapatalk

        Comment

        • nobody33
          Member
          • Mar 2008
          • 298

          Originally posted by masameet
          You know, the irony of this thread is two cops are bashing each other.

          Where on the worldwide web but Calguns would such a thing occur? lol
          Dude, this is nothing. Officer.com it happens all the time. The trooper vs city cop debates are pretty funny.

          Comment

          • masameet
            Veteran Member
            • Jun 2008
            • 4487

            I think I've read some of those threads on Officer.com. lol

            But this thread is entitled "Why do so many come in here and BASH COPS."

            Why indeed? LOL
            x

            "Let those find fault whose wit's so very small,
            They've need to show that they can think at all;
            Errors, like straws, upon the surface flow;
            He who would search for pearls, must dive below." -- John Dryden

            Comment

            • masameet
              Veteran Member
              • Jun 2008
              • 4487

              Originally posted by Ducman
              +1 Just to darn funny

              ... are you also member at ducati.ms ???
              Joined because I was thinking of getting a Monster. Never posted. But then got a DRZ400SM as my second bike. It's still my favorite bike.
              x

              "Let those find fault whose wit's so very small,
              They've need to show that they can think at all;
              Errors, like straws, upon the surface flow;
              He who would search for pearls, must dive below." -- John Dryden

              Comment

              • rolly
                Member
                • May 2008
                • 493

                Originally posted by masameet
                Joined because I was thinking of getting a Monster. Never posted. But then got a DRZ400SM as my second bike. It's still my favorite bike.
                use to ride a 996...I was an easy target for the cops.
                then "i was crashed" between 2 cars and later I got a ZX10R ...again an easy target for cops (no kidding got a ticket while I was 5mph stopping at a traffic light!!!)
                Now I only go to the track, no more street riding!!!

                so far I got 75% bad experience (where cops were making up stories to give me a ticket) and 25% "good" experience (when I desserved the ticket) but never got a warning for speeding nor any help from a cop after a crash (twice rear ended).

                Comment

                • goathead
                  Veteran Member
                  • Mar 2008
                  • 3601

                  Originally posted by rolly
                  use to ride a 996...I was an easy target for the cops.
                  then "i was crashed" between 2 cars and later I got a ZX10R ...again an easy target for cops (no kidding got a ticket while I was 5mph stopping at a traffic light!!!)
                  Now I only go to the track, no more street riding!!!

                  so far I got 75% bad experience (where cops were making up stories to give me a ticket) and 25% "good" experience (when I desserved the ticket) but never got a warning for speeding nor any help from a cop after a crash (twice rear ended).
                  may be its the way you drive i had VFR750 all red, cbr 600 all loud pipes i have had 5 other motorcycles and have never been pulled over

                  Comment

                  • masameet
                    Veteran Member
                    • Jun 2008
                    • 4487

                    I've been pulled over twice on my DRZ. But the very nice officers let me off. One of the officers was the late, great Sgt. Paul Starzyk. He was very generous in giving firearms advice.
                    x

                    "Let those find fault whose wit's so very small,
                    They've need to show that they can think at all;
                    Errors, like straws, upon the surface flow;
                    He who would search for pearls, must dive below." -- John Dryden

                    Comment

                    • Jonathan Doe

                      I just have a question regarding an AW whoever can answer it, maybe between J-Cat and Ron-Solo. If I see a Double Star or Stag OLL rifle at the range, I know it is not listed on any categories of AW, which means it cannot have an AW features. If the shooter releases the magazine with the use of just a finger, and inserting a 30 round magazine, let's say I see him loading 30 rounds in the mag, does it not give a LEO a PC or RC to check out the rifle to see if the shooter is in violation?

                      J-Cat: I cannot check it?
                      Ron_Solo: I can check it?

                      What is the verdict? What does everyone think?
                      Last edited by Guest; 06-10-2009, 2:47 PM.

                      Comment

                      • Ron-Solo
                        In Memoriam
                        • Jan 2009
                        • 8581

                        Originally posted by topgun7
                        I just have a question regarding an AW whoever can answer it, maybe between J-Cat and Ron-Solo. If I see a Double Star or Stag OLL rifle at the range, I know it is not listed on any categories of AW, which means it cannot have an AW features. If the shooter releases the magazine with the use of just a finger, and inserting a 30 round magazine, let's say I see him loading 30 rounds in the mag, does it not give a LEO a PC or RC to check out the rifle to see if the shooter is in violation?

                        J-Cat: I cannot check it?
                        Ron_Solo: I can check it?

                        What is the verdict? What does everyone think?
                        Yes, which is the point I've been trying to make. Since the OLLs were made after the AW ban went into effect, based on what you see the operator doing, you have 'reasonable suspicion' that the person may be in possession of an illegal AW. On it's face it is not enough to arrest, but it is sufficient to investigate further.

                        Ron
                        LASD Retired
                        1978-2011

                        NRA Life Member
                        CRPA Life Member
                        NRA Rifle Instructor
                        NRA Shotgun Instructor
                        NRA Range Safety Officer
                        DOJ Certified Instructor

                        Comment

                        • nobody33
                          Member
                          • Mar 2008
                          • 298

                          Originally posted by topgun7
                          I just have a question regarding an AW whoever can answer it, maybe between J-Cat and Ron-Solo. If I see a Double Star or Stag OLL rifle at the range, I know it is not listed on any categories of AW, which means it cannot have an AW features. If the shooter releases the magazine with the use of just a finger, and inserting a 30 round magazine, let's say I see him loading 30 rounds in the mag, does it not give a LEO a PC or RC to check out the rifle to see if the shooter is in violation?

                          J-Cat: I cannot check it?
                          Ron_Solo: I can check it?

                          What is the verdict? What does everyone think?
                          You don't need RS or PC to walk up to the guy start a conversation and ask about it. If he refuses to talk about it then packs up and leaves I would say further investigation by DOJ would be warranted (writing down license plate, getting the info from the range if possible, running a DROS check, etc etc).

                          It's not very tactically sound to jam up someone holding an AW up at the range IMHO. If you wanted to I suppose, articulating RS for a detention on that would be easy.

                          Comment

                          • Ron-Solo
                            In Memoriam
                            • Jan 2009
                            • 8581

                            Originally posted by J-cat
                            You have not. You said that AW's are illegal, therefore that is your RS. That is not an explanation. That is rephrasing the issue we're discussing.

                            No, I said possession of an unregistered AW was illegal. If, based on the officers training and experience, he recognizes the lower as one that was manufactured after the ban (i.e. an off-list lower) that is obviously built to be an AW by feature, he has 'reasonable suspicion' to investigate further. That does not mean he can make an arrest at that time. This applies if the contact is on the street, a range open to the public (or even a private range if he has the legal right to be there), an open shooting area such as BLM or National Forest land.


                            Nobody is going to get into legal trouble. I did not excourage anyone to break the law or to disobey an order from a LEO.

                            NO, you specifically told someone to tell the LEO to "F-Off" That advice, along with some of the other information you've put out, may very well indeed get someone in trouble.

                            As far as what I do, you still haven't figured it out? Are you serious? You're no cop.

                            This isn't a pissing contest about credentials.

                            Like I've said before, you are STILL DODGING THE QUESTION.
                            All you have committed to being is someone who has "peace officer" status and denied you are a Correctional Officer.

                            That leaves the field wide open. If you were a City Police officer, County Deputy Sheriff, or Highway Patrol Officer you would have said so. That leaves it open from the State Gaming Commission to the Veternary Licensing Board. Security Officers of a Water District and the Public Utilities Commission have "peace officer" powers (830.31 PC) Some others include Food and Drug Administration Investigators, Racing Board Investigators, and many others.

                            You claim your knowledge is based on your peace officer status, which is questionable, since you won't answer the question.

                            It leads to credibility, which is why you should quit dodging the question.
                            LASD Retired
                            1978-2011

                            NRA Life Member
                            CRPA Life Member
                            NRA Rifle Instructor
                            NRA Shotgun Instructor
                            NRA Range Safety Officer
                            DOJ Certified Instructor

                            Comment

                            • Ron-Solo
                              In Memoriam
                              • Jan 2009
                              • 8581

                              Originally posted by nobody33
                              You don't need RS or PC to walk up to the guy start a conversation and ask about it. If he refuses to talk about it then packs up and leaves I would say further investigation by DOJ would be warranted (writing down license plate, getting the info from the range if possible, running a DROS check, etc etc).

                              It's not very tactically sound to jam up someone holding an AW up at the range IMHO. If you wanted to I suppose, articulating RS for a detention on that would be easy.
                              Very true. Tactics is a whole different ballgame. What you can legally do and what you can do in a tactically sound manner are often two different things. Then throw in what is practical.......Especially if you are off duty. I can count on one hand where I've taken action off duty in the last 32 years.
                              LASD Retired
                              1978-2011

                              NRA Life Member
                              CRPA Life Member
                              NRA Rifle Instructor
                              NRA Shotgun Instructor
                              NRA Range Safety Officer
                              DOJ Certified Instructor

                              Comment

                              • TRICKSTER
                                I need a LIFE!!
                                • Mar 2008
                                • 12438

                                Originally posted by J-cat
                                You have not. You said that AW's are illegal, therefore that is your RS. That is not an explanation. That is rephrasing the issue we're discussing.

                                Nobody is going to get into legal trouble. I did not excourage anyone to break the law or to disobey an order from a LEO.

                                As far as what I do, you still haven't figured it out? Are you serious? You're no cop.

                                This isn't a pissing contest about credentials.
                                Post #106
                                Originally posted by J-cat
                                If you tell these guys to F-off, that's all they will be able to do.


                                If you are a cop, you are a Defense Attorneys dream witness.
                                Last edited by TRICKSTER; 06-10-2009, 3:31 PM.


                                Never underestimate the power of stupid people in large groups

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