San Diego District Attorney says LA DA's memo on open carry is wrong!

The Examiner.com ^ | April 6, 2009 | Mike Stollenwerk

[majstoll]

examiner.com — Last December the Los Angeles District Attorney issued an erroneous legal opinion stating that police officers could detain persons openly carrying guns in order to run serial numbers of guns . . .The SD DA is correct! Folks open carrying handguns in California have every bit as much right to privacy and freedom to movement as cell phone carriers.

See more and DIGG at http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m4d6-San-Diego-District-Attorney-says-LA-DAs-memo-on-open-carry-is-wrong

[majstoll]

News column poitns out how some city attorneys can get the law right, even re guns.

[SoCalPol]

The SD DA is correct

We have a great District Attorney in San Diego.
Bonnie Dumanis a Republican is tough on crime
and takes no bull.
San Diego is the second largest DA Office in California and the sixth largest in the United States

[RebelTex]

Kalifornia has open carry?

Who’d a thunk it.

[arderkrag]

Most states do. States that restrict open carry are as follows:

No open carry unless on the way to hunting grounds or under circumstances that constitute self defense:

NY
IL
SC
FL
AR
OK
TX


Yes, Texas of all places, limits open carry. California is actually less restrictive, counting as a Rural Open Carry state:

http://opencarry.org/opencarry.html

[calcowgirl]

The SD DA is correct We have a great District Attorney in San Diego. Bonnie Dumanis a Republican is tough on crime and takes no bull. San Diego is the second largest DA Office in California and the sixth largest in the United States

Follow the links, SCP. The opinion (PDF) was written by the Deputy DA, Robert Amador, not Bonnie Dumanis.

Dumanis is a gun-grabbing, union-backed, lesbian activist. She put an "R" next to her name to get elected and claimed she would support the 2nd Amendment, yet doesn't. I hope she gets ousted in 2010.

Feinstein has put her on her "bipartisan Judicial Advisory Committee" so she can say that she has "Republican" participation in making recommendations to Obama.

DA responds on handgun ban , SDU-T January 19, 2008

Regarding “District attorney wants D.C. handgun ban upheld” (Around Our Region, Jan. 14):

The story reported that “District Attorney Bonnie Dumanis announced Friday she is urging the U.S. Supreme Court to uphold a ban on handguns in Washington, D.C.” That report was misleading.

I joined with 17 other DAs across the country in urging the high court to uphold the existing laws against the illegal use and possession of guns in that jurisdiction. Many jurisdictions, including our own, prohibit a convicted felon from owning a gun. For the record, the issue here is public safety. In joining with the other DAs from across the nation, I am trying to ensure that law enforcement can continue to do its job. This is not a challenge to the Second Amendment, of which I am a strong supporter.

BONNIE M. DUMANIS
District Attorney
San Diego

Uh huh -- sure, Bonnie. Public safety. Why don't we just ban all guns so "law enforcement can do its job"?

[Enterprise]

My question is simple in this matter. When was PC 12031 invalidated?

12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

To my knowledge if someone is walking around with a loaded firearm or is stopped with one in the vehicle he will get arested under this section.

[TalonDJ]

Simple. When you are in a not prohibited place of unincorporated territory. That basically says you can’t carry inside city limits.

[Gilbo_3]

I understood Indiana to have restriction on open carry as well...easy ‘shall issue’ ccw though...

[Gilbo_3]

also what difference does it really make when leo can detain me with no justification whatsoever ???

realistically, 'Papers please comrade' has been law of the land my whole life, just repackaged a bit for window dressing...

[RebelTex]

Thanks for the info. I need to get out and about more. I knew that Texas doesn’t allow open carry - I just assumed that would be the case in most other states, especially Kalifornia.

[CholeraJoe]

Thanks for the link. I went there and joined.

[calex59]

says LA DA's memo on open carry is wrong!, Enterprise wrote: My question is simple in this matter. When was PC 12031 invalidated? 12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory. To my knowledge if someone is walking around with a loaded firearm or is stopped with one in the vehicle he will get arested under this section.

The open carry in CA is for UNLOADED weapons only. If it is loaded, you are correct, it is illegal. However, California residents are trying to set a precedent and overturn the law that disallows loaded open carry(and it depends on what county you are in, the population density in CA decides what counties can carry openly and loaded.

The whole fracas about open carry of handguns has been about the people who have been carrying openly, unloaded, in compliance with the law but have been stopped, searched and detained in direct violation of the constitution.

[Enterprise]

Thanks. That explanation makes the issue of the article a little more clear.

[majstoll]

In cities and portions of unincorp. areas where shooting is banned by county, the guns must remain unloaded (mag on belt OK).

[dhm914]

open carry in california means an UNLOADED gun. that is the open carry law, open carry (not conceled) AND unloaded.

[Enterprise]

That’s basically what a CHP officer told me about a year ago. I asked him how one takes a pistol to a range and he said to keep the pistol in open view but have the ammunition locked in the trunk or the back of the pickup where it was not readily accessible to the driver.