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cato
Regular Member
| Joined: | Sun Oct 29th, 2006 |
| Location: | California USA |
| Posts: | 1607 |
| Status: |
Offline
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Posted: Tue Feb 3rd, 2009 10:33 pm |
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from:
http://www.calguns.net/calgunforum/showthread.php?t=150893
 There are those who talk and those who do
CALGUNNERS DO! And one of our own needs your help.
The Calguns Foundation has started a Legal Defense fund where you can donate to this cause.
Theseus has been unloaded open carrying for the better part of a year in East LA County, an area known for violent gang crimes and assaults against peaceful law abiding (but unarmed) citizens. He has carried in compliance with ALL state laws to be able to defend his young wife and daughter as every free American has a Right to do.
He has also shown and proven that it can be done responsibly and that the public doesn't react with panic and terror at the mere sight of a peacefully holstered sidearm.
Theseus has been charged with but did not violate the School Zone gun prohibition. He has always been very careful to stay within the law (a Calguns specialty  ) When he was contacted by police he was not arrested as his possession was legal.
It was not until the police went back 3 DAYS LATER WITH A MEASURING DEVICE did the officers realize that it was even within 1000' of a school. THE POLICE DID NOT EVEN KNOW IT WAS IN A "SCHOOL ZONE" at the time Theseus was contacted! A report was sent to the DA's Office and they filed charges (no mention was made that Theseus was on private property).
He was clearly on Private Property, which is also clearly exempted from the school zone law:
Quote:
626.9. (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone...
(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(1) Within a place of residence or place of business or on private
property...
Theseus is well represented by Bruce Colodny, Esq. , one of So Cals finest 2nd Amendment defense attorneys. I'm told that Bruce has every confindence that Theseus will be shown to have been legal in his self defense firearm possession.
Please join me and many other Calgunners in supporting Theseus, a law abiding American, Father and Husband, against this politically motivated charge and send a message that the SECOND AMENDMENT TO THE BILL OF RIGHTS means what it says and that we will
STAND BY OUR OWN!
Please give whatever you can afford. None of us are safe in the face of these unconstitutional laws and politically motivated charges. This could easily some day be you. Will you not now stand with him? Together we are stronger!
Please donate today. All monies not used will be placed into the Calguns Foundation Fund to be used to further our fight for our
Basic Human Self Defense Rights.
PLEASE DONATE HERE
Attached Image (viewed 1019 times):
 Last edited on Wed Feb 4th, 2009 04:52 am by cato
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cato
Regular Member
| Joined: | Sun Oct 29th, 2006 |
| Location: | California USA |
| Posts: | 1607 |
| Status: |
Offline
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Posted: Wed Feb 4th, 2009 04:15 am |
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Be sure to support our FFLs who support us!!!
Thank you Mike!
http://www.calguns.net/calgunforum/showpost.php?p=1987409&postcount=9
OCArmory
Member
Join Date: Jun 2008
Posts: 270
iTrader: 5 / 100%
Donated what we could. Hope this helps.
Mike
__________________
O.C. Armory
01 FFL/ OLL Friendly
23012 Del Lago Dr
Suite B
Laguna Hills, Ca. 92653
http://www.ocarmory.com
(949) 768-5189
Attached Image (viewed 999 times):
 Last edited on Thu Feb 5th, 2009 03:02 am by cato
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FMCDH
Regular Member
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Posted: Wed Feb 4th, 2009 06:55 am |
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After spending just 3 days in California in my limited UOC experiences, I can honestly say the 1000ft "school zone" law is nothing short of a direct attempt to frustrate lawful/responsible gun owners into not carrying. Anyone who says it doesn't prevent the protected right of self defense is a liar or insane. One of the most ridiculous pieces of legislation I have ever hear of or had to deal with in 12 years of carrying a firearm with me around the country.
I am not even a Ca. resident, but you can count on my donation. After talking with Cato about the issue, and getting the details, it made me disgusted, no end.
Theseus, you have one more ally in fighting this unconstitutional law, and fighting this insane charge.
Regards,
FMCDH (Seattle Wa.)
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CA_Libertarian
State Researcher
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Posted: Wed Feb 4th, 2009 08:57 pm |
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This is gonna be tossed out SO fast it's funny.
I hope Theseus has some civil standing to recover his court costs for this blatantly wrongful prosecution.
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LeagueOf1607
Regular Member
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Posted: Thu Feb 5th, 2009 03:06 am |
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| +$100 and more to come. Keep up the good fight! Good luck on the 10th!
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cato
Regular Member
| Joined: | Sun Oct 29th, 2006 |
| Location: | California USA |
| Posts: | 1607 |
| Status: |
Offline
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Posted: Wed Mar 4th, 2009 08:09 am |
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If you haven't given to this cause yet please do, every dollar helps. If you've already given consider doing so again. This ain't over yet and your help is needed!
Donate here: http://www.calgunsfoundation.org/index.php/component/content/article/36-current-legal-cases/67-donate-to-theseus-open-carry-case
Let's Stand Together!
photo by oleg volk:
Attached Image (viewed 812 times):
 Last edited on Wed Mar 4th, 2009 08:09 am by cato
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FMCDH
Regular Member
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Posted: Wed Mar 4th, 2009 10:41 pm |
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Any word on where this case is at? Court dates, stance of the PA, plea offers, etc?
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Theseus
Founder's Club Member
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Posted: Thu Mar 5th, 2009 03:46 am |
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The pre-trial will be March 10th, trial to follow 15 days after I understand.
The DA at this point is still not budging that he needs to make an example out of me. He seems to basically admit that I didn't break the law as it is written, so his argument is that the law doesn't mean what it says...or that I had to have broken the law some how, he just doesn't have any proof...
There is, as of now, no indication that he will change his position unless we can get a judge to see the evidence for what it is and pressure the DA.
As for civil action, I will wait until after the conclusion of this issue before I comment further.
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FMCDH
Regular Member
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Posted: Thu Mar 5th, 2009 07:35 am |
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Theseus wrote:
As for civil action, I will wait until after the conclusion of this issue before I comment further.
Understood, thanks for the update. 
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Mykal
Regular Member
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Posted: Mon Mar 9th, 2009 08:15 pm |
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| Did they give you a court location and room number yet? Might be able to stop by for morale support
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Theseus
Founder's Club Member
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Posted: Wed Mar 11th, 2009 01:28 am |
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I don't go to these things, that is why I have a lawyer.
As for the status. . .
We needed a short continuance to gain more of our evidence.
We found a little more information about what the DA is thinking and did suggest he offered a "plea deal", but that deal was never communicated to us.
It was for community service and I think a 6 yr. surrender of my firearms rights. Apparently the DA doesn't know that 626.9 is a prohibitive mis.
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FMCDH
Regular Member
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Posted: Wed Mar 11th, 2009 02:25 am |
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Theseus wrote: It was for community service and I think a 6 yr. surrender of my firearms rights. Apparently the DA doesn't know that 626.9 is a prohibitive mis.
Or doesn't care. 
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flintlock tom
Regular Member
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Posted: Sun Mar 15th, 2009 03:44 am |
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cato wrote:
from:
http://www.calguns.net/calgunforum/showthread.php?t=150893
There are those who talk and those who do
CALGUNNERS DO! And one of our own needs your help.
The Calguns Foundation has started a Legal Defense fund where you can donate to this cause.
Theseus has been unloaded open carrying for the better part of a year in East LA County, an area known for violent gang crimes and assaults against peaceful law abiding (but unarmed) citizens. He has carried in compliance with ALL state laws to be able to defend his young wife and daughter as every free American has a Right to do.
He has also shown and proven that it can be done responsibly and that the public doesn't react with panic and terror at the mere sight of a peacefully holstered sidearm.
Theseus has been charged with but did not violate the School Zone gun prohibition. He has always been very careful to stay within the law (a Calguns specialty ) When he was contacted by police he was not arrested as his possession was legal.
It was not until the police went back 3 DAYS LATER WITH A MEASURING DEVICE did the officers realize that it was even within 1000' of a school. THE POLICE DID NOT EVEN KNOW IT WAS IN A "SCHOOL ZONE" at the time Theseus was contacted! A report was sent to the DA's Office and they filed charges (no mention was made that Theseus was on private property).
He was clearly on Private Property, which is also clearly exempted from the school zone law:
Quote:
626.9. (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone...
(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(1) Within a place of residence or place of business or on private
property...
Theseus is well represented by Bruce Colodny, Esq. , one of So Cals finest 2nd Amendment defense attorneys. I'm told that Bruce has every confindence that Theseus will be shown to have been legal in his self defense firearm possession.
Please join me and many other Calgunners in supporting Theseus, a law abiding American, Father and Husband, against this politically motivated charge and send a message that the SECOND AMENDMENT TO THE BILL OF RIGHTS means what it says and that we will
STAND BY OUR OWN!
Please give whatever you can afford. None of us are safe in the face of these unconstitutional laws and politically motivated charges. This could easily some day be you. Will you not now stand with him? Together we are stronger!
Please donate today. All monies not used will be placed into the Calguns Foundation Fund to be used to further our fight for our
Basic Human Self Defense Rights.
PLEASE DONATE HERE
Cato, I think, in all fairness to people contemplating contributing to this cause, that you should make it clear that CalGuns Foundation is not defending Theseus, they are simply funneling the donations to his lawyer.
It should be made clear that CGF does not and will not defend or expend funds on the defense of open carriers if they are arrested.
http://www.calguns.net/calgunforum/showthread.php?t=162385
Last edited on Sun Mar 15th, 2009 03:45 am by flintlock tom
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cato
Regular Member
| Joined: | Sun Oct 29th, 2006 |
| Location: | California USA |
| Posts: | 1607 |
| Status: |
Offline
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Posted: Tue Mar 17th, 2009 12:41 am |
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flintlock tom wrote:
Cato, I think, in all fairness to people contemplating contributing to this cause, that you should make it clear that CalGuns Foundation is not defending Theseus, they are simply funneling the donations to his lawyer.
It should be made clear that CGF does not and will not defend or expend funds on the defense of open carriers if they are arrested.
http://www.calguns.net/calgunforum/showthread.php?t=162385
Thank you for making that clear!
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MudCamper
Regular Member
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Posted: Sat Mar 21st, 2009 07:05 am |
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cato wrote: flintlock tom wrote:
Cato, I think, in all fairness to people contemplating contributing to this cause, that you should make it clear that CalGuns Foundation is not defending Theseus, they are simply funneling the donations to his lawyer.
It should be made clear that CGF does not and will not defend or expend funds on the defense of open carriers if they are arrested.
http://www.calguns.net/calgunforum/showthread.php?t=162385
Thank you for making that clear!
True, but they make your donations to these cases tax deductible. Double bonus!
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hoffmang
Regular Member
| Joined: | Mon Dec 15th, 2008 |
| Location: | |
| Posts: | 15 |
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Posted: Sat Mar 21st, 2009 07:37 am |
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MudCamper wrote
True, but they make your donations to these cases tax deductible. Double bonus!
And we're happy to help.
-Gene
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Theseus
Founder's Club Member
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Posted: Sat Apr 11th, 2009 06:13 pm |
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And this is not over!
New date April 23rd.
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KylaGWolf
Regular Member
| Joined: | Mon Mar 23rd, 2009 |
| Location: | San Diego, USA |
| Posts: | 82 |
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Posted: Sun Apr 12th, 2009 12:59 am |
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Thesus I think they are hoping to just wear you out so that you roll over. Don't let them do it. Keep us as updated as you can.
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sjalterego
Regular Member
| Joined: | Wed Jan 16th, 2008 |
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| Posts: | 64 |
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Posted: Wed Apr 22nd, 2009 02:22 am |
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Well, at least the delay succeeded in giving you a new legal defense. You can now cite Nordyke and argue that the law you are accused of violating, is unconstitutional and infringes on your 2A right to bear arms.
God I hope the Gun Free School Zone Act gets ruled unconstitutional.
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sjalterego
Regular Member
| Joined: | Wed Jan 16th, 2008 |
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| Posts: | 64 |
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Posted: Mon Apr 27th, 2009 05:59 pm |
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| Any update??
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