Saturday, December 27, 2008

LA DA MEMO ON OPEN CARRY!

So this got posted up by hoffmang on calguns.net on his website. I am so excited by this memo, I can hardly contain myself. It is from the Los Angles District Attorney's office and it was sent to all LEO and LEA personnel.

This document is linked in the "Essential Links" side bar! Click here for quicker access.

WOO HOO!

4 comments:

Mike Stollenwerk said...

DA's memo is plainly WRONG in two respects re open carry.

First, the DA cites to Hiibel to say that people lawfully stopped in area where openly carried guns cannot be loaded for inspection of guns to see if they are loaded can be required to produce ID and other personal information to determine if they are of age to possess the gun and not prohibited. WRONG - Hiibel only applies if a state statute requires a person to ID themselves in a legitimate Terry stop - a mere stop of a man with a gun to inspect the gun is not a Terry stop, not does California even have a stop and ID law at all. And the fact that the state inspection statute is silent as to providing personal information strongly militates against the DA’s interpretation anyway.

Second, the DA states that all public roads are public areas where shooting is prohibited so no gun can be loaded. WRONG. The DA needs to familiarize himself with People v. Knight at http://caselaw.lp.findlaw.com/data2/californiastatecases/c045858.pdf where the California appeals court (citing to a previous AG opinion) said that, in an unincorporated area, and absent an explicit County ordinance against shooting in the land area where the road is situated, folks may openly carry loaded guns, including holstered handguns, and the police may not stop these open carriers to inspect their firearms and further that any evidence obtained as a result of such an unlawful stop shall be seized as a violation of the Fourth Amendment.

elsensei said...

good finds, pullnshoot and mike!

TrackerPacker said...

Mike, you are a gentleman and a scholar. If you have not already done so, please post this response on calguns.net under the 2nd amendment thread.

Dr. Paleo Ph.D. said...

Despite the fact that I agree that Mike's summary was scholarly (thanks for the info!), I'm still happy to see this as you were.

So what's been up lately, Nate?

Spence

P.S. I finally got the OC forums to work. I'm called TheWarrior there, btw.