Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > 2nd Amend. Litigation Updates & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-26-2018, 2:46 PM
ΜΟΛΩΝ ΛΑΒΕ's Avatar
ΜΟΛΩΝ ΛΑΒΕ ΜΟΛΩΝ ΛΑΒΕ is offline
Senior Member
 
Join Date: May 2014
Posts: 989
iTrader: 17 / 100%
Default People v Bedolla: Illegal loaded carry under PC25850 is moral turpitude

When People v. Aguilar (2016) 245 Cal.App.4th 1010, was published, a lot of people on this forum expressed concern. Following Aguilar, a California Court of Appeal in People v. Bedolla (Oct. 22, 2018, H044681) found that illegal loaded carry under PC25850 is a crime of moral turpitude for impeachment purposes. I do not know if people have been denied CCWs because PC25400 or PC25850 are considered crimes of moral turpitude. People were speculating about that previously.
Reply With Quote
  #2  
Old 11-10-2018, 11:53 PM
Doheny's Avatar
Doheny Doheny is offline
I need a LIFE!!
 
Join Date: Sep 2008
Location: Prescott, in the pines
Posts: 13,818
iTrader: 4 / 100%
Default

But I’ve read on CG it’s no big deal cuz the first offense is only a misdemeanor...




Sent from my iPhone using Tapatalk Pro
__________________
Sent from Free America
Reply With Quote
  #3  
Old 11-11-2018, 1:09 AM
marcusrn's Avatar
marcusrn marcusrn is offline
CGN/CGSSA Contributor - Lifetime
CGN Contributor - Lifetime
 
Join Date: Mar 2010
Location: Oceanside
Posts: 1,152
iTrader: 4 / 100%
Default

It a misdemeanor for concealed and another for loaded. If your pistol is not registered it can be a fealony. Many of us have owned pistols unregistered before 1990 and can still own that way if possessed before that time.
__________________
Reply With Quote
  #4  
Old 11-11-2018, 7:41 AM
ulmapache's Avatar
ulmapache ulmapache is offline
Member
 
Join Date: Jul 2012
Posts: 174
iTrader: 0 / 0%
Default

Quote:
Originally Posted by marcusrn View Post
It a misdemeanor for concealed and another for loaded. If your pistol is not registered it can be a fealony. Many of us have owned pistols unregistered before 1990 and can still own that way if possessed before that time.
And how is one to prove ownership before 1990? Not everyone keeps receipts...or has an "approved" paper trail documenting ownership of this or that firearm...
Reply With Quote
  #5  
Old 11-11-2018, 8:16 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 44,404
iTrader: 4 / 100%
Default

Quote:
Originally Posted by marcusrn View Post
It a misdemeanor for concealed and another for loaded. If your pistol is not registered it can be a fealony. Many of us have owned pistols unregistered before 1990 and can still own that way if possessed before that time.
Judges seem to prefer that prosecutors pursue only one of the two.

Quote:
Originally Posted by ulmapache View Post
And how is one to prove ownership before 1990? Not everyone keeps receipts...or has an "approved" paper trail documenting ownership of this or that firearm...
'Prove ownership before 1990' is not the issue; from 25400 though identical text is at the 'loaded' section,
Quote:
(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.

(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
After-the-fact documentation is not useful.

And, of course, the average out of state visitor is unlikely to have any handguns in AFS, so this is very likely to apply to them if they might carry here.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.




Last edited by Librarian; 11-11-2018 at 8:19 AM..
Reply With Quote
  #6  
Old 11-21-2018, 5:44 PM
mootman mootman is offline
Junior Member
 
Join Date: Aug 2015
Posts: 52
iTrader: 0 / 0%
Default

Although, having a loaded & concealed weapon may be a misdemeanor; but, won't one still be arrested & booked?
Reply With Quote
  #7  
Old 11-21-2018, 8:29 PM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 44,404
iTrader: 4 / 100%
Default

Quote:
Originally Posted by mootman View Post
Although, having a loaded & concealed weapon may be a misdemeanor; but, won't one still be arrested & booked?
Yes.

Detained/jailed is another matter; depends on how crowded local jails might be, I think.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.



Reply With Quote
  #8  
Old 02-04-2019, 6:12 PM
Christopher761 Christopher761 is offline
Senior Member
 
Join Date: Nov 2014
Posts: 855
iTrader: 1 / 100%
Default

Quote:
Originally Posted by mootman View Post
Although, having a loaded & concealed weapon may be a misdemeanor; but, won't one still be arrested & booked?
Misdemeanors are not mandatory jail.

Used to be, they would cite and release on a DUI. On more than one occasion, a drunk got out of custody, and then ran over someone. Now, in San Diego, DUI is always arrest and hold in the county jail for a while. And then they check your ride home to see if they are drunk. It also depends on whether they impounded the car.

Back before the legalization of marijuana, it was cite and release. Not even book. Unless the suspect was also being violent or dangerous.

As far as loaded gun in public, it is up to the officer. At a minimum, they are going to impound the gun and ammo and cite the suspect. Depending on politics, maybe he goes to the county jail. Also, it depends on the circumstances.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 2:53 AM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy