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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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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.
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#3
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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.
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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...
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#5
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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.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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.. |
#7
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Detained/jailed is another matter; depends on how crowded local jails might be, I think.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#8
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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. |
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