In front of me are two lines of cars. The city is doing a DUI/Sobriety checkpoint - and I just HAD to pick the exit where they're doing this*.
The lines of cars slowly move forward. I took the right lane. As I pulled up I greeted the officers there. One of the officers to my right (officer 2) noticed my firearm, and asked me what it was. I told him that it was my pistol and that it is unloaded. He instructed me to turn off my motorcycle, I complied. I told him I would not interfere if he checked to make sure it was unloaded. He proceeded to unholster my firearm and check that it was, indeed, unloaded. The officer to my left (officer 1) asked "Why are you carrying a pistol?" I responded "As far as I know it is my right to carry a firearm in CA so long as it is unloaded and clearly visible, ie: openly carried. The officer 2 asks officer 1 "Is that right?" Officer 1 responds: "He's right. That is correct. If it's unloaded and openly carried it's ok." He asked me if I had any loaded magazines on me. I told him I have 2 loaded magazines, also in an openly visible holder on my left side. Officer 1 then directed me to pull over into the parking lot to the right so they could check my license, registration, insurance etc. I asked if I should get off and push it, he said no go ahead and drive it over there, officer 2 would meet me over there.
I slowly pulled into a parking stall in the parking lot adjacent to the street, shut off my bike, dismounted and put my bike on the center stand. Right officer asked me to get my driver's license out and I started to. He asked me what was in the case on my back and I told him it was my rifle which was disassembled. He asked me to take it off and set it down. I did, then handed him my license. I told the officer that I also had my voice recorder on me, that it was recording. I was not able to see his badge or nametag at this time. He interrupted and told me that it was illegal for me to be recording our interaction because as an individual he has civil rights too[sup](1)[/sup]. I started to explain that since he is working in his official capacity as a public servant it is not illegal to record our interaction in public. He insisted that it was illegal. He then told me to have a seat on the curb. Not more than a minute goes by and he asks me to stand up again, asks where I have my loaded magazines. I tell him where they are and he pulled them out of the holder and asked me to sit back down.
Shortly thereafter Officer 1 came over to where we were. Officer 2 stands me up and Officer 1 asks me what I was doing coming into his town carrying guns. He tells me that I'm going to jail, tonight, because I had loaded magazines on me. I politely told him that I believed he was wrong, and to check the penal code that applies to the possession of ammunition and a firearm. He insisted that he knew firearms laws better than anyone else in his department. I asked him if I could speak to his seargant. Officer 1 again affirmed that he knows more than his seargant does about firearms laws. I said to him again that there is nothing in the CA penal code that prohibits a person from carrying a firearm and/or ammunition, unless you are a prohibited person[sup](2)[/sup]. I made reference to CA vs. Clark[sup](3)[/sup] and the definition of unloaded 12031[sup](4)[/sup], openly visible firearm (non-concealed) 12025[sup](5)[/sup], locked and unloaded for transport or within a vehicle 12026[sup](6)[/sup]. Officer 1 tells me that I am illegally possessing loaded magazines and a firearm. He again insists that since I'm going to jail tonight, my bike is going to get towed to impound. He tells me to turn around, put my hands behind my back. I ask "Am I being detained?" He responds "You're under arrest."
