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cato
Regular Member
| Joined: | Sun Oct 29th, 2006 |
| Location: | California USA |
| Posts: | 1933 |
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Offline
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Posted: Mon Mar 9th, 2009 10:07 pm |
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Decoligny wrote: Here is a pamphlet that I have put together.
This needs to be printed on both sides in landscape format with it turning on the short edge.
Updated on 22 Apr to correct typo.
Previous revisions have been downloaded 508 times.
AVAILABLE IN A BI-FOLD VERSION A COUPLE POSTS DOWN.
AVAILABLE IN PDF FORMAT NEAR THE BOTTOM OF PAGE 2 OF THIS THREAD.
 This Pamphlet Has Been Downloaded OVER 4,000 TIMES ! !
bump of the OP  Attached Image (viewed 330 times):
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Decoligny
Regular Member
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Posted: Tue Mar 17th, 2009 09:42 pm |
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B
U
M
P
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Decoligny
Regular Member
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Posted: Mon Mar 23rd, 2009 10:37 pm |
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B
U
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Mykal
Regular Member
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Posted: Mon Mar 23rd, 2009 11:51 pm |
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| Can this be Sticky-ed?
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CA_Libertarian
State Researcher
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Posted: Tue Mar 24th, 2009 06:17 pm |
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Mykal wrote: Can this be Sticky-ed?
Unfortunately, no.
The mods informed me that the forum only allows site-wide stickies. So if something in our forum is stickied, it stickies in every forum, apparently.
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Decoligny
Regular Member
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Posted: Wed Apr 1st, 2009 05:36 pm |
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| bump
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Decoligny
Regular Member
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Posted: Wed Apr 8th, 2009 09:33 pm |
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| Bump #47
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4armed Architect
Regular Member
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Posted: Wed Apr 15th, 2009 06:26 am |
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Decoligny wrote: Bump #47
"Funk #48" James Gang: http://www.youtube.com/watch?v=vkZepbHIrvE
("Before there was Funk #49...there was Funk #48.")
(Mods. Please don't get mad for Off Topic posting - just wanted to make the important bump interesting. Same for Funk/Bump #49)
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Mike
Super Moderator
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Posted: Sat Apr 18th, 2009 09:12 pm |
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Decoligny wrote: Here is a pamphlet that I have put together.
This needs to be printed on both sides in landscape format with it turning on the short edge.
Updated on 22 Apr to correct typo.
Previous revisions have been downloaded 508 times.
AVAILABLE IN A BI-FOLD VERSION A COUPLE POSTS DOWN.
AVAILABLE IN PDF FORMAT NEAR THE BOTTOM OF PAGE 2 OF THIS THREAD.
This Pamphlet Has Been Downloaded OVER 4,700 TIMES ! !
This pamphlet is pretty good but two parts need to be corrected as they are not correct:
1. "OPEN CARRY IN VEHICLES: CA Penal Code contains nothing making unloaded open carry in a vehicle illegal. PC374c does however make all public roads or highways “prohibited areas” as defined in PC12031(f) so Loaded Open Carry is prohibited by law. PC626.9 also applies if you are open carrying while knowingly within 1000 feet of a school zone."
The 1968 AG Opinion and People v. Young and follow-on cases all have held that in unincorporated ONLY areas made off limits to shooting by the COUNTY are off limits for loaded open carry. Appeals court case law is crystal clear on this point and binding on all trial courts, and could be cited as a "mistake of law defense" by those relying on the case law in the unlikley event that an en banc appeals court or Cal. S. Ct. ruling overturn People v. Young and its progeny.
2. "(f) – Prohibited area is defined as anywhere that discharging a firearm is illegal."
ONLY areas made off limits to shooting by the COUNTY are off limits for loaded open carry.
Now, having said that, given how easy it is to drive though incorp. areas or happen upon areas where shooting is banned by the County, it is probably a good idea to keep you OCed gun unloaded unless you anticipate a heightened threat. But for purposes of suing for unlawful seizure by police, this issue is important because in these unincorp. areas even inside your car the police CANNOT demand to check your load status or detain you for load checks unless the County has banned shooting.
Everybody clear on this??
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bigtoe416
Regular Member
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Posted: Sun Apr 19th, 2009 07:49 pm |
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Do you happen to have links to the AG opinion and the opinion for People v. Young? Couldn't find either after looking for a few minutes.
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ConditionThree
Activist Member
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Posted: Mon Apr 20th, 2009 05:42 am |
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Mike wrote:
This pamphlet is pretty good but two parts need to be corrected as they are not correct:
1. "OPEN CARRY IN VEHICLES: CA Penal Code contains nothing making unloaded open carry in a vehicle illegal. PC374c does however make all public roads or highways “prohibited areas” as defined in PC12031(f) so Loaded Open Carry is prohibited by law. PC626.9 also applies if you are open carrying while knowingly within 1000 feet of a school zone."
The 1968 AG Opinion and People v. Young and follow-on cases all have held that in unincorporated ONLY areas made off limits to shooting by the COUNTY are off limits for loaded open carry. Appeals court case law is crystal clear on this point and binding on all trial courts, and could be cited as a "mistake of law defense" by those relying on the case law in the unlikley event that an en banc appeals court or Cal. S. Ct. ruling overturn People v. Young and its progeny.
2. "(f) – Prohibited area is defined as anywhere that discharging a firearm is illegal."
ONLY areas made off limits to shooting by the COUNTY are off limits for loaded open carry.
Now, having said that, given how easy it is to drive though incorp. areas or happen upon areas where shooting is banned by the County, it is probably a good idea to keep you OCed gun unloaded unless you anticipate a heightened threat. But for purposes of suing for unlawful seizure by police, this issue is important because in these unincorp. areas even inside your car the police CANNOT demand to check your load status or detain you for load checks unless the County has banned shooting.
Everybody clear on this??
Pretty clear. Though in searching for the complete ruling on People v Young I am having some trouble identifying your cite. I have come up with citations of People v Young that reference a medical marijuana patient being stopped and a AG opinion by Lockyer that seems to correlate with premption of city and county ordinances. Id like to have a foundation of knowledge before cleaning up a version of the pamphlet.
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ConditionThree
Activist Member
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Posted: Wed Apr 22nd, 2009 02:04 am |
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Yes, this is a bump. But its something else, too. There were some things that I believe needed cleaning up and refining in the pamphlet- and I took the liberty to reformat and polish it up a bit.
I want to emphasize that I do not intend to step on anyone's toes. What I hoped to do is clarify and focus the message a little so that we wont lose our audience in such a breif tract.
Attachment: A Pocket review of California Penal Code SCOCA Version.doc (Downloaded 350 times)
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rpyne
Regular Member
| Joined: | Tue Oct 23rd, 2007 |
| Location: | Provo, Utah USA |
| Posts: | 702 |
| Status: |
Offline
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Posted: Fri Apr 24th, 2009 03:54 pm |
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I have noticed a few other threads like this in the "The Law Library" forum.
May I suggest that that would be a good place to gather all of the state pamphlets to make them easy to find. It would be great to be able to find all of the states info in one place.
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CA_Libertarian
State Researcher
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Posted: Fri Apr 24th, 2009 07:51 pm |
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rpyne wrote: It would be great to be able to find all of the states info in one place.
http://www.californiaopencarry.org
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rpyne
Regular Member
| Joined: | Tue Oct 23rd, 2007 |
| Location: | Provo, Utah USA |
| Posts: | 702 |
| Status: |
Offline
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Posted: Fri Apr 24th, 2009 08:04 pm |
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CA_Libertarian wrote: rpyne wrote: It would be great to be able to find all of the states info in one place.
http://www.californiaopencarry.org
Let me rephrase that, it would be great to be able to find the OC information pamphlets for all states in one place.
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CA_Libertarian
State Researcher
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Posted: Sat Apr 25th, 2009 01:42 am |
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rpyne wrote: Let me rephrase that, it would be great to be able to find the OC information pamphlets for all states in one place.
That's a good idea too; would be especially nice when one wants to do some interstate travel.
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Decoligny
Regular Member
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Posted: Fri May 8th, 2009 08:08 pm |
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Over 5,000 downloads!!!
5K BUMP 5K
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nukechaser
Regular Member
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Posted: Wed May 20th, 2009 08:46 pm |
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| Bump
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Decoligny
Regular Member
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Posted: Mon Jun 1st, 2009 11:14 pm |
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| bump
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NewZealandAmerican
Regular Member
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Posted: Wed Jun 3rd, 2009 07:11 pm |
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Decoligny wrote: Bumpity bump bump
clump hump bump chump stump jump wump lump!
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