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Open Carry in CA threatened by A US marshall

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  • Ilovemyglock
    Junior Member
    • Oct 2009
    • 8

    Open Carry in CA threatened by A US marshall

    I heard something i found quite troubling today. A good friend of mine was walking down the street to check his mail and one of his neighbors was outside and saw him with his springfield xd in it's holster. His neighbor said that he was committing an illegal act by open carrying his firearm. The US marshall also said that the next time he saw him if he was open carrying again he would shoot him. Being that they are neighbors and see eachother all the time my friend wanted to try to resolve this issue with the least amount of commotion as possible. Any suggestions as to handle this situation?
  • #2
    RangemasterP226
    Senior Member
    • Sep 2007
    • 941

    I don't believe he told your friend that he would shoot him. Gotta be another side of the story.

    Comment

    • #3
      gumby
      Senior Member
      • Aug 2007
      • 2322

      Check with an attorney regarding the law on open carry and then report the incident to local authorities and the marshals supervisor. Nothing beats a written record.

      Comment

      • #4
        gunace89
        Member
        • Oct 2009
        • 426

        Keep in mind im not an LEO, but here is my two cents. If the area that your friend lives in allows for legal open carry, and he has a CCW which he can show its not illegal. If he can show his paperwork, and is comfortable, id recommend going to his neighbor and showing him this, minus his XD to be safe. On a side note, if open carry is allowed, I find it interesting that a US Marshall would react like that, wouldnt he know the law?
        Speak softly and carry a big stick; you will go far-Theodore Roosevelt

        Snake Plissken:Got a Smoke?
        Malloy:The United States is a non-smoking nation! No smoking, no drugs, no guns, no alcohol, no women-unless your married-no foul language-no red meat!
        Snake Plissken-(sarcastic)Land of the Free
        Ironic how fiction slowly becomes reality, isnt it?

        Comment

        • #5
          Ilovemyglock
          Junior Member
          • Oct 2009
          • 8

          Originally posted by gunace89
          Keep in mind im not an LEO, but here is my two cents. If the area that your friend lives in allows for legal open carry, and he has a CCW which he can show its not illegal. If he can show his paperwork, and is comfortable, id recommend going to his neighbor and showing him this, minus his XD to be safe. On a side note, if open carry is allowed, I find it interesting that a US Marshall would react like that, wouldnt he know the law?
          Y would he need a ccw to open carry an unloaded firearm? And i've been told by several sacramento police officers that open carry is allowed in california. Is this not true in different parts of CA. I was under the impression that open carry was permitted in all of CA.

          Comment

          • #6
            grammaton76
            Administrator
            CGN Contributor - Lifetime
            • Dec 2005
            • 9511

            Originally posted by Ilovemyglock
            Y would he need a ccw to open carry an unloaded firearm? And i've been told by several sacramento police officers that open carry is allowed in california. Is this not true in different parts of CA. I was under the impression that open carry was permitted in all of CA.
            Disclaimer: I'm not an LEO.

            However, your buddy should be standing down on open carry like the rest of the responsible Open Carry folks, myself included.

            If he really wants to carry a gun, he should look at LUCC. Much more discrete, and not really likely to create problems for Calguns legal efforts in the future.
            Primary author of gunwiki.net - 'like' it on Facebook at http://www.facebook.com/#!/pages/Gunwiki/242578512591 to see whenever new content gets added!

            Comment

            • #7
              Soldier415
              Calguns Addict
              • Feb 2007
              • 9537

              And the fun keeps on coming...
              Originally posted by harmoniums
              Absolutely, I've refused sale before.
              My gut is good for two things, making poo and spotting crazy
              Originally posted by bwiese
              Do not get your legal advice from Forest Rangers or Sheriffs: that's like getting medical advice from your plumber.

              Comment

              • #8
                Cokebottle
                Señor Member
                CGN Contributor - Lifetime
                • Oct 2009
                • 32373

                Tell him to carry again, then his family can sue and own the US Marshalls.

                Seriously... IF the officer said that he would shoot him, the incident should be reported. Even inside of a rights-free school zone, carrying openly is only a misdemeanor.
                - 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

                • #9
                  gunace89
                  Member
                  • Oct 2009
                  • 426

                  Originally posted by Ilovemyglock
                  Y would he need a ccw to open carry an unloaded firearm? And i've been told by several sacramento police officers that open carry is allowed in california. Is this not true in different parts of CA. I was under the impression that open carry was permitted in all of CA.
                  Your right, my mistake. Whenever I hear open carry I translate that into Conceal Carry, my bad In which case it isnt ilegal in CA to carry an unloaded firearm. I still question why a US Marshall wouldnt know the law either way.
                  Speak softly and carry a big stick; you will go far-Theodore Roosevelt

                  Snake Plissken:Got a Smoke?
                  Malloy:The United States is a non-smoking nation! No smoking, no drugs, no guns, no alcohol, no women-unless your married-no foul language-no red meat!
                  Snake Plissken-(sarcastic)Land of the Free
                  Ironic how fiction slowly becomes reality, isnt it?

                  Comment

                  • #10
                    Jonathan Doe

                    Why would anyone carry unloaded gun openly in a holster beats me. The reason for carrying a gun is to protect me or other people in immediate danger. What can an unloaded gun do?

                    Comment

                    • #11
                      A324
                      Senior Member
                      • Jan 2007
                      • 1041

                      Originally posted by topgun7
                      Why would anyone carry unloaded gun openly in a holster beats me. The reason for carrying a gun is to protect me or other people in immediate danger. What can an unloaded gun do?
                      I'm old and can't move too fast. I need the element of surprise therefore 'loaded' conceal carry is my preferred option. No need to alert the zombies.

                      Comment

                      • #12
                        Cokebottle
                        Señor Member
                        CGN Contributor - Lifetime
                        • Oct 2009
                        • 32373

                        Originally posted by topgun7
                        Why would anyone carry unloaded gun openly in a holster beats me. The reason for carrying a gun is to protect me or other people in immediate danger. What can an unloaded gun do?
                        Unloaded gun in an open holder, and two loaded mags on the other side in a mag pouch.

                        Legal.
                        - 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

                        • #13
                          EOD3
                          Senior Member
                          • Nov 2003
                          • 949

                          Well Cuz... IF THIS IS TRUE,

                          I believe if someone threatened to shoot me, I'd trot right down the the courthouse and file a restraining order. Then I think I'd call their IAD and let them know that one of their marshals threatened to shoot me if he saw me in possession of a holstered firearm.

                          Then I'd try to avoid hypothetical situations.
                          "I don't like repeat offenders, I like DEAD offenders!" ~Ted Nugent

                          "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." ~ Claire Wolfe

                          Comment

                          • #14
                            cntrolsguy
                            Senior Member
                            • Jun 2005
                            • 1397

                            +10000000 on the RO!

                            Comment

                            • #15
                              Jonathan Doe

                              Originally posted by Cokebottle
                              Unloaded gun in an open holder, and two loaded mags on the other side in a mag pouch.

                              Legal.
                              I am not talkig about legality. I know it is your right, and it is legal. But, how fast can you draw the gun, load the magazine, chamber a round and fire a shot?

                              Well, it is better than not having a gun for sure.

                              Comment

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