just had this happen to me

E

em23

Inactive
hi gang, it's my first post so go easy on me!

i want to run this by you so i can get some feedback. On monday, i came home and went into my house. a few minutes later i heard the sound of my gate being kicked, and some yelling. i went outside UNARMED, to see what the problem was. A man was standing in my walkway next to my car asked me why i had been following him for the last 3 days. I told him i wasnt following him and i never saw him before. he left and i went into my house, and holstered my pistol, cause he was now threatning my next door neighbor as he came home. i called the police and waited outside since my wife was about to arrive home. Now the police arrives 45 minutes later and found the guy who turned out to be a schichzophrenic who was visiting his mom down the block. Now what gets me is this: the officers told me that i could not have my pistol holstered while on MY driveway even under the situation that i found myself in. This nut, enters my property and kicks my gate and threatens my life and property, and i cant holster my pistol? Now he did leave, and i grant him that, but he was going door to door acting erratic, which led me to think that he would do this to anyone, including my wife, which led me to arm myself and stand in my property to wait for her. what are you opinions on this?
 
In some States that kind of attitude, that you can't openly display a friearm even on your own property, doesn't surprise me. I suspect the cop was just running a bluff though. If there had been any foundation, given the present anti gun atmosphere, to his claim you would now be posting bail instead of posting a message here. It may/may not be borderline as far as brandishing a firearm goes, depending on what you said was the reason you had it on. It may be that the cop was trying to trap you into saying something so he could nail you. In some areas a little creativity goes a looooooooooooong way.
"Yes sir, there is a shotgun in the trunk of my car. I plan on going crow hunting as soon as I get off work early today" sure beats "I have a shotgun in the trunk, just in case". One in the pocket beats one in the holster some times. Sad, but face it. In some of the less enlightened areas, you have to pick and chose your court battles. Speaking only for myself, and based only on where I live (Ohio-similar public opinion to Cali about the worth of my/myfamily, vs some nut case, meaning the nut case is just "misunderstood, while I'm *bloodthirsty*) I would stick it in my waistband, and cover it with my shirt, and STAY ON MY PROPERTY unless the nut case clearly attacked someone with obvious intent to kill them.

Welcome to TFL. IMHO, you did the right thing under the circumstance.

[This message has been edited by RAE (edited June 14, 2000).]
 
Hey, welcome to TFL. Ya did good. You did not shoot any one and, more important, nobody shot you.

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Ne Conjuge Nobiscum
"If there be treachery, let there be jehad!"

[This message has been edited by Jim V (edited June 14, 2000).]
 
Sounds like you did fine, however, you need to get familiar with the gun laws in your state (www.nra.org or www.packing.org). Most states allow you carry in your curtilage (on your property), but you should know fer sure before you argue with a cop. Overall, I agree with RAE, a little discretion goes a long way, and if the guy was a wacked/paranoid as you say, seeing gun might set him off. Glad all's well. M2
 
Dude, GET OUT OF CALIFORNIA!!! It is entirely possible that you may not carry a firearm in view of the public under casual observation while on your own property inside the city limts. You can probably carry inside your home, but you do not live in a state with a gun friendly attitude.
 
I used to live in LA county and I never heard of such a law. :confused: :confused: City could be different, though (still never heard of it). I thought the state law was that you could have a gun on your property or your campsite. (????)
I know I was pretty shocked when I moved to Coloradie and found out that you could carry a loaded weapon in your car within arm's reach :eek: :eek: (except in PRD).
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Dude, GET OUT OF CALIFORNIA!!! [/quote]
Haha! No kidding. There's plenty of us transplants here in Colorado. They all pretend to hate Californians, then you ask 'em where they're from and they say, "uh...California." :D
 
I don't know what state you live in but when I lived in Florida there was no problem with carrying a firearm on your own property (including your place of business assuming you owned the business) concealed or otherwise. Of course you can not unlawfully display the firearm or threaten one unlawfully. In other words you couldn't threaten someone for merely trespassing on your property.

It is amazing how many officers do not know the law, yet think they do and end up giving incorrect legal advice.

The best advice is to get a concealed permit. In addition remember, "the best advice a lawyer can give his client is to keep your mouth shut."
 
Hi em23, In The People's Socialist Republic
of California, there are 3 sets of gun laws,
often conflicting, that you must "lawfully"
abide by.

I placed lawfully in quotation marks because all gun control laws are unconstitutional, however, you can get arrested for them, all the same.

You need to get and read copies of you city ordances, your county ordances and your state gun laws.

You should get a permit to carry pistols and revolvers, while it is still legal and FEASABLE to do so.

Each year the requirements and the cost of obtaining a permit to carry get more burdensome and costly in both time and money.

I live in the Peoples Socialist Republic of Connecticut where we have the New Conn
"Turn in Your Neighbor Gun Law".

Anyone seen with a gun , anywheres except at
a gun club, by any member of the general public, with just a unsubstanciated phone call to police, And the police come to your home and search it for firearms , without a warrent, and without any evidence of wrongdoing whatsoever and ARREST ALL YOUR GUNS BUT DO NOT ARREST YOU.

Any cash "found" in your home during this illegal search, becomes confiscated "drug money."

Anything else "found" in your home during this illegal search can & will be used against you in a court of law.

A character assination job is done upon your person.You are somehow "linked" to this or that.

Now this law specifies that within two weeks
you will be given notice of a hearing that you must go to in order to prove that the state should return your firearms.

The burden of proof is upon you as are the
legal ,lawyer and defense fees.

I hope the money that they "found" in your home during their illegal search for your firearms was not all the illegal search and
seizure defense fund money that you had!

Carring a handgun, even on your front pourch or back yard, without a state permit is an automatic 1 year in jail and 5,000.oo fine
with no plea barganing allowed.

I have a state permit CCW (Conceled Carry Weapon) but needless to say ,no one will ever see my hand gun or any of my long guns, unelse I intend to display my collection or use the gun in self defense
or I am target shooting at an authorized range.

'"OUR SECOND AMMENDMENT CONSTITUTIONAL RIGHTS ARE NOW REGISTERED AND LICENSED AND MUST BE BOUGHT AND PAID FOR, LIKE A PRIVLEDGE,
TO A STATE BUREAUCRAT."

But its ok, we are all just too busy with our own affairs to be bothered about something as uninportant as our constitutional right to self defense and to keep and bear arms, which the second ammendment says "shall not be infringed".

Come Nov--get even with the gun grabbing socialists......Vote for Bush for president and split the ticket....

Vote Libertarian
for all offices below president.

This keeps Gun Grabbing Gore out of office
and when Bush starts to suck up to the
democraps, the pro-gun Libritarians in congress will keep Bush's some "reasonable"
gun control lite from being passed.

Does anyone know how we got to this sorry state of affairs?

If I wanted to live in Nazi Germany , I would have moved there, but I never dreamed
that the Nazis would all move to Conn. and the rest of the USA,instead!
 
Caveats:
1. TV is not a reliable legal guide; and
2. The laws have probably changed.

But I remember a episode of One-Adam 12 in which the police drive by a house of black radicals all out front with their rifles and shotguns and Molloy says, "They're not breaking any law."
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by CindyH:
I used to live in LA county...I know I was pretty shocked when I moved to Coloradie and found out that you could carry a loaded weapon in your car within arm's reach :eek: :eek: (except in PRD).[/quote]

(Chortle)

A friend of mine lives in Sillycon Valley, CA. He's a former county cop from somewhere in that area. He was in Atlanta on a business trip a while back, gave me a call, we had dinner, shot the breeze, etc. At one point in the conversation while in my car driving somewhere we got on the subject of firearms, and he mentioned that he had heard that Georgia gun laws were more lax than California. I started discussing the laws with him, he seemed impressed but pointed out that I certainly couldn't carry a loaded handgun in my car. I reponded by opening the center console and pointing
hapfac01.gif
.

It was well worth it to see the expression on his face
eek2.gif
. After he recovered, he said that even as a former cop (he quit on good terms) he couldn't do that "back home."
frown.gif



[This message has been edited by papercut (edited June 14, 2000).]
 
You guys shoulda seen Cindy's face the first time I picked her up at her place... with a gun on my hip. :D

em23, you really might consider getting out of enemy territory while you still can.
 
WOW! thanks for your wisdom on this. As much as i despise the laws here, i love occupied california. I rather break a law to live than to die obeying it. I think i did the right thing, and to me police officers here don't like to see anyone outside of them armed, especially when half of them can't hit a target worth spit!
 
Many years ago, I existed in the Peoples Repblik of Kaifphonia. It seems like evry time I loads a few rifles in the trunk of my car, some busy-body would call the cops, and it beame another "assume the postition" type deal. Sometimes I got hassled for as long as two hours. Frisco closed the deal for me when they closed the only rifle range left at the time. I moved out and never looked back.
Now that all my relatives in Kali have passed on to a better place, I'll never go back.
Paul B.
 
Having lived in several places in the country and traveled a great deal, I will say there is not one anti place that is not matched by
a pro gun state in beauty and jobs.

Unless you have family obligations, just move!
 
EM23, as a 35 year resident of Kalif., L.A., I can assure you you won't get a CCW. If you were in Kern County, probably. But Sheriff Baca and his comrades, hate, loathe, and despise the Constitution and all you serfs and peasants who think it means what it says.

I am very happy here in s.w. Idaho, and wouldn't move back for any reason. Here's a law that was upheld by the Kalif. Supreme Court, and I read the ruling about 15 years ago. It kinda relates to your situation with the man in your drive, and carrying a gun on your own property. (Sorry, I can't cite the case number: too long ago.)

You can not legally carry a CONCEALED weapon, even in your own home, without a CCW. If you carefully read the Penal Code, relating to concealed weapons, you'll see that you are not exempt from the CCW law, EVEN IN YOUR OWN HOME. And yes, there are some cretinous numbskull cops who are badge heavy, who'll enforce it against you, if the occasion arises. (They get "attaboys!" from chiefs and sheriffs like Baca and Parks.)Just so you know. FWIW. J.B.
 
The way I read the CA gun laws, you can carry concealed or otherwise in your home an on your property as well as in the immediate area of your campsite (if you're camping, obviously).

Bruce Colodny is a well known firearms lawyer, doing what he can for us in CA. You might consult him [(714)639-6767 or (909)862-3113], in case of immediate need, or take a look at his website at:

www.gunlaw.com
 
I believe destructo6 correctly stated the law, however, a holstered gun on a hip is not "concealed," it is being open-carried. Open-carry was legal in California until the Black Panthers found out about it in the late 60's (1968 maybe?), and the legislature changed the law.

Also, carrying in your hand may be construed as "brandishment," also illegal. So, concealed means concealed.

em23, you did good. Welcome to TFL.

Ledbetter
 
Well on the legal level it depends on your state and local laws. In my opinion the cops who told you that shouldn't be wearing badges. In alabama if I want to walk on my property with an AR slung oveer my back I have that right. Also state law backs that right up. I knew a police officer who tried to charge a man for Carrying without a permit on his own property. His lawyer got the charges droped and I tried to encourage him to sue but his lawyer didn't want to.
 
I used to live in the PRC and I distinctly remember a portion of the Penal Code wherein a person may have a loaded firearm displayed and even off of his own property if there is imminent and immediate danger perceived by the person to himself or others. You may have the firearm in your possession for as long as the perceived threat remains but this does not extend past the pioint at which the lawful authority arrives on the scene. I tried to look this up on findlaw.com last night but I'm on an antiquated piece of s--- so I gave up.

In Long Beach, before I left, I threw down on a Peeping Tom on my neighbor's property and held him in a felony prone until the lady of the house said she would not press charges. At that point I had to release him (turned out to be the neighbor in the adjacent house on the same property) or be guilty of unlawful detention. When the cops got there, there I was, the only person on scene, with my unloaded .38 on the ground. Told them the story and they were fine with it (remember, these were LONG BEACH cops). They read the neighbor guy the riot act, after attempting to get the neighbor lady to press charges, and went on their way.

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Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.
 
em23,

Welcome to TFL! As others have said, I think you did right, but I'd definitely get the lowdown on local laws. Reading the various posts about PRK, I am SOOOOO glad I live in TX! I could sit on my porch w/ my loaded shotgun and noone could do a thing about it!

You definitely need to get out of there, beautiful scenery or no! TX too has some beautiful scenery (and the most bragging rights) :D!

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"Pray as if your life depends on God, Prepare as if it all depends on you..." -Texas Preacher
 
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