Ca Patriot
Regular Member
anyone want to be the test case ? lol
anyone want to be the test case ? lol
I would LOVE to be the test case. Anybody want to front my attorney fees? Think of it as an investment. If/when the federal suit pays out I'll return your money with 25% interest.
Tapley v California... I like the sound of that.
(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
[i]Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.[/i]
Code:(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. [i]Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.[/i]
Not sure where an "arrest" would go in this case, unless you physically resist the officer.
A 12031(e) check demand for a firearm in a locked case [should] net the response "Got a warrant?". If they broke into the case without a warrant or consented search it would be the equivalent of breaking into your home to find evidence without a warrant. Private property and possessions are exactly that - private.This is why carrying an empty yet obvious 'rife' or 'pistol' case (locked) would be a better prop for a 12031e challenge then OC. The case would have to taken as evidence and forced open after you're arrested for refusing to open the case pursuant to an 'e' check .
A glock case or one with NRA or 'gun control means using two hands' stickers would complete the look.
A 12031(e) check demand for a firearm in a locked case [should] net the response "Got a warrant?". If they broke into the case without a warrant or consented search it would be the equivalent of breaking into your home to find evidence without a warrant. Private property and possessions are exactly that - private.
- How do they know a firearm is in there? Hunches don't count.
CA Case law (which I can't quote) has supported the detention and opening of a 'gun' case for a purpose of an 'e' check.
I'm going to buy the most obvious gun case I can find, and fill it with nothing but very large, anatomically-correct silicone sex toys. Then I will walk around town with it and see how long it takes to get an e-check on my "gun".
I'm going to buy the most obvious gun case I can find, and fill it with nothing but very large, anatomically-correct silicone sex toys. Then I will walk around town with it and see how long it takes to get an e-check on my "gun".
I would LOVE to be the test case. Anybody want to front my attorney fees? Think of it as an investment. If/when the federal suit pays out I'll return your money with 25% interest.
Tapley v California... I like the sound of that.
I'm going to buy the most obvious gun case I can find, and fill it with nothing but very large, anatomically-correct silicone sex toys. Then I will walk around town with it and see how long it takes to get an e-check on my "gun".
A large jump-out-at-you spring loaded 'snake' would be way more fun! With confetti!! Because when its all over you'll be partying all the way to the BANK!!
Civil rights damages are: attorney fees paid. And maybe $1 for punitive damages. Do this for love not for money.
I would have to assume that upon an arrest based on probable cause that the weapon was loaded, and after retrieving the firearm for evidence and determining that it was, in fact, UNLOADED, the crime being not complete, you would be immediately released from custody for a violation of 12031e PC...that being said, a charge of 148a1 PC (resisting, obstruction, or delaying a peace officer in the performance of their duty) COULD result, since the refusal could be intepreted as delaying the officer in his/her 12031e PC check, which should normally occupy only a minute or two. Not sure how that would go when it came time for filing, but I would recommend cooperation with the check for loaded, as long as the detention is not prolonged into a fishing expedition.
An affinity for decorating your guitar case with gun stickers is NOT reasonable suspiscion that you are carrying a firearm.