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I will start this Forum off by relating my “Story”.        #1

PROPERTY RIGHTS?
8/24/2005, 0700

As I awoke I heard noises (truck & voices) coming from in front of my house. I put on some walking shorts and went out my front door to retrieve my paper.

I saw a truck with a concrete pumping machine setting up at the curb, blocking my driveway. I went out to the person giving the orders and asked him to move his truck and machine so it wouldn’t block my driveway because I wanted to go grocery shopping shortly. His response was “When I get time” and he went back to work.

At this time some of the workers started talking in Spanish and pointing at me while 2 of them started giving me that “Gang Style” expression known as “Dogin” (wrinkling their brow and glaring) while calling me a “Puta”. Their actions seemed very threatening to me and I quickly went back into my house. I got partially dressed, just pants, shoes, no wallet, money, shirt or cell phone. The crew working next door continued to make gestures and comments in Spanish in my direction. This prompted me to put my .25 cal Beretta in my right rear pocket just in case I needed protection.

They continued to set up their equipment without unblocking my driveway. I went back outside and told the supervisor “if he didn’t move his truck I would call The Police”. He gave me the same answer as before “When I get time”.

I immediately came back into my house and called the Escondido Police Dept. and asked for an Officer to come out and make them move. Just moments before the Officer arrived they moved the truck and cleared my driveway.

I stayed inside until I saw Officer Johnny Martin come by and go around the block where he came down the alley across from my house and stopped. I stepped out my front door to tell him everything was OK now. The officer drove across the street and parked in front of my house.

Officer Johnny Martin rolled down his right front window indicating to me that he wanted to talk to me. I walked to the edge of my property to talk to him. I knew that I was not supposed to leave my property with a gun in my pocket and that was why I only went to the edge of my property and no further.

He couldn’t hear me because of the noise from the concrete pumping when I said everything was OK because they moved their truck. The officer shook his head and acted like he couldn’t hear me and did that little nod of his head that indicated I was to come closer. I stepped off of my property to comply with his request/demand.

I stepped off of my property, crossed the sidewalk (36”) and squatted down to talk to the officer. When we finished our conversation I stood up turned around and immediately went back to my property and was about 3 or 4 steps on it when I heard a voice SCREAM “FREEZE”. I turned around and the officer had his gun pointed at me. The officer was so agitated that his voice shook as he SCREAMED at me to “PUT YOUR HANDS UP” and get on the ground. I was afraid to move because he was so agitated, all I could think was he is going to shoot me. The officer again SCREAMED at me to get on the ground, which I promptly did. He cuffed me, searched me and took the gun from my right rear pocket.

I asked the officer what I had done and he said “carrying a gun in public”. I said I had only left my property at HIS request and came directly back to my property. The Officers response was “shut up you’re under arrest”. I shut up. 

I spent 4 hours at Escondido Police Department then was transferred to the Vista Jail where I spent the next 13 ½ hours until I made bail. 

I am a 65 year old male, retired U.S. Navy, retired San Diego County Employee, Disabled Veteran and 31 year resident of Escondido, CA and a NRA member with NO criminal history. 

The “Judge”, Marshall York Hockett, Vista, CA Courthouse, in my Court case declared my front yard as “Public Property” and instructed the Jury that they MUST consider my front yard as “Public Property” in deciding my Guilt or Innocence, thereby insuring my being found “Guilty” of the Charge of “Carrying a loaded gun in public”. 

I was found guilty of a misdemeanor and sentenced to a $900 fine, 50 hours of Community Service, 3 years Probation, NO guns in my possession during Probation (They are in storage at $600 A YEAR) and the Loss of my 4TH Amendment Rights during Probation, which allows the Police to enter my Home ANY TIME they wish..

I have since completed all requirements of my “Sentence” and am a Free Man again.

Comments, Questions?
Contact me at Tink@escondido-open-carry.org

So... you want to Open Carry in Escondido? #2

The steps I am going to list are recommendations ONLY and are not Legal information by any means.  My years in the U. S. Navy taught me to C.Y.A.(cover your a**.), so I am going to take the following measures prior to my first Open Carry Event.

1. Send a Registered Letter of Intent (sample below) to the local Police Department and “Snail Mail” to ALL the local Media, TV, Radio, Newspapers, 30 days in advance of your First Open Carry event.

2. Have a few friends available to Video Tape and Tape Record the Police reaction to your Open Carry in Public.

3. Notify the local Media 2 weeks in advance of the “where and when” you will Open Carry so they can send reporters.

4. Notify the Police by phone just a few minutes before you actually Open Carry and ask the Police representative to notify the “Watch Captain” of your plans and to notify his Officers of this Open Carry action by you.

5. I am going to do this for the first Month, but after that I will Open Carry when and where I please according to existing Laws.

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This “Sample Letter of Intent” can be modified to meet your own requirements, just “Cut N Paste” into your favorite Word Processor and add the indicated information.

(30 days before you start to carry)                                                    #3
SAMPLE LETTER OF INTENT

(list everyone letter sent to, media included, here)

As of (date you start carry) 2009 I, ( your name here), intend to Open Carry a weapon within the (your city here) City limits, pursuant to the California Penal Code Articles below.

This letter is to help prevent any legal problems, False Arrest, accidental shootings by the Police, ETC… for both of us.

This document is an abridged list of all relevant California laws for citizens who do not have a CCW, permit but otherwise choose to legally open carry or transport firearms.
Most of the information here is copied directly from the California Penal Code and is provided to assist you in understanding the purpose of this letter.

12025
(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
12026
(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years

(c) Nothing in this section shall be construed as affecting the application of Section 12031. As long as one complies with 12025 (does not conceal), and 12031 (does not load the firearm under most circumstances), and avoids the other pitfalls , then he/she is legally open carrying

12026.1 and 12026.2 are almost always misinterpreted, and in many ways. The most
common misinterpretation is that these sections are restrictions. They are not. They are
exemptions to 12025. You cannot be charged with 12026.x, only 12025. When you transport your firearms concealed (openly is legal)

Another common misconception is the belief that ammunition cannot be stored in the same case as a firearm, or that it must be locked up separately somehow. This is not true. There is no code to support this myth. 12001(j) only applies to 12023 (carry with intent to commit a felony). 12021.5 only applies to street gang crimes as defined in 186.22. 12022.2 only applies to armor piercing ammunition. 12025(b)(6)(A) is a sentence enhancement which only applies if one violates 12025 (carrying concealed). 171e only applies inside the State Capitol, legislative offices, or office or residence of the Governor.

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.

(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for
arrest for violation of this section.

(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.


I am requesting that these instructions will be given to all Police Officers in the City of (your city here) prior to (date you start to carry).

The following are some firearms laws that may apply if confronted with a subject wearing a pistol in a belt holster:

PC 12025 (f), unloaded firearms carried openly in belt holsters are not concealed within the meaning of section 12025.

PC 12025 only applies to concealable firearms, which is defined in PC12001(a) as a pistol, revolver or firearm with a barrel less than 16inches. There is nothing prohibiting someone from carrying an unloaded, concealed rifle or shotgun on their person or in their vehicle unless the barrel is less than 16 inches.

PC 12031(g), A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.
**Case law now states the ammunition must be in a position from which is can be fired (People. v. Clark)

PC 12031(e), in order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.

In "People v. Clark" (1996), the California Court of Appeal clarified that in order to be "loaded" a firearm must have ammunition "placed into a position from which it can be fired." It even went so far as to point out as an example of what is not loaded to include shells attached to a shotgun inside a buttstock shell carrier.

** There is a common misconception that merely possessing both a firearm and ammunition in close proximity legally equates to loaded.
This mistake stems from several PC sections that do not apply to PC 12031. 12001(j) only applies to 12023 (carry with intent to commit a felony). 12025(b)(6)(A) is a sentence enhancement which only applies if one violates 12025 (carrying concealed).
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My name is:

(your name here)


(your bio info here).

If you have any questions or comments or want further clarification of this issue, feel free to contact me prior to (date you start carry).
 
Thank You


(your name here)