Posted on 06/29/2022 4:37:46 AM PDT by marktwain
California's AG is working overtime to insure anyone like him will never be able to obtain a California carry permit.
It’s a black security guard shooting a black nutcase in self defense. BLM will not riot and burn.
A Goetz Squad on public transport couldn’t hurt.
If the facts submitted in this case are as reported and with the recent Supreme Court ruling on gun permits this might be a good case to take to trail against California’s anti-Second Amendment gun laws
Better to be judged by twelve than carried by six.
But, didn’t the Supreme court just this week make concealed weapons legal everywhere?
Isn’t the gun charge illigitimate?
democrat party led government is so horrible. They hope for your death and punish you if you even dare to defend yourself.
I will always ultimately blame those who are really the cause of this. It is democrat party voters.
In Cali does a “gun crime” carry a heavier sentence than a major felony like murder?
[[In Cali does a “gun crime” carry a heavier sentence than a major felony like murder?]]
It all depends on the prosecutor.
https://www.leahlegal.com/practice-areas/firearms/weapon-charges
If the prosecutor decides to stack charges (illegal possession, illegal concealed carry, having a firearm on public transportation, etc, etc) that can easily be a total of 20 years or so.
P.S. If the attacker "passenger" had survived, he'd have been released on his own recognizance. The victim, however, will be prosecuted to full extent of the law.
> This man would have been unable to obtain a carry permit because of California’s unconstitutional gun permit law. <
You raise an interesting point. Can a person be prosecuted based on a law that is not constitutional? I would guess not. But then again, this is California. A woke DA will hound this guy mercilessly until some judge puts an end to it.
As a side note, awhile back I attended a talk given by an NRA lawyer. One of the things he said was never bring a gun intro DC. You could follow every DC law regarding the transportation of guns perfectly, and it wouldn’t matter.
If you’re caught with that gun, off to jail you’ll go. And you’ll sit there until your lawyer gets you out.
Problem is typically the Supreme Court decision is not immediate. Some take 30 days to go into effect. This guys timing is unfortunate.
Really 30mn days to have legal source that says that.
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SCOTUS set the stage for legal CCW everywhere but the rollout is going to take time.
As far as this case goes, laws are rarely undone retroactively. So a law changed today doesn’t help you violating that law a month ago. It doesn’t work that way. If I get a speeding ticket for doing 75 on a highway marked 65 mph, and the next week they raise the speed limit to 80 mph, it doesn’t retroactively reverse my speeding ticket. I was still doing 10 mph over the limit at the time.
In a just world, a finding of lawful self-defense ought to neutralize any other ancillary criminal charges associated with the tools used in that act of self-defense. But, that’s not the world we live in, and it very certainly isn’t the case in CA.
Shouldn’t there be a difference between a law that was changed (65 mph turns to 80 mph) and a law that was found to violate the Constitution, i.e. going back to the time it was passed?
“An act which violates the Constitution has no power and can, of course, neither build up or tear down. It can neither create new rights nor destroy existing ones. It is an empty legislative declaration without force or vitality.”
Carr vs. State
Sorry, I am not a lawyer.
The ruling I cited implies such a difference. Apparently when a law is found unconstitutional, “it was never a law”.
The “gun crime” will be used as an excuse to bar him from any permit in the future.
I prefer that the existence of the constitution is the permit to carry. What amounts to a mere administrative problem is always used to deny rights en toto.
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