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#1
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Discharging a gun in CA and only got a ticket?
There's a thread in Quora regarding using Paintball for home defense. One of the guys there was telling people that while chasing the bad guys stealing his tools, he discharged a 9mm into a stump nearby. The cop came and only gave him a ticket. Is this believable as I have always under the impression that if for some reasons you discharge your firearms, the least you're gonna get hit with is a misdemeanor.
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Last edited by OmegaTrader; 08-25-2018 at 9:58 PM.. |
#2
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can’t a ticket be a misdomenor or a infraction?
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#5
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No. He didn't say he was cited. He said the cop came, gave him a ticket for the 9mm discharge. He then later fired about 20 paintballs to the remaining burglar. Since there were 2, 1 got away. He was also cited for discharging the paintball. So he got 2 tickets, one for the 9mm discharge and the other one for the paintball. I just found the story less than credible, especially in CA. You don't discharge your firearms then get a slap on the wrist. Some place else maybe, but not here.
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#6
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#8
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Explain this to me if you please, since the only thing I've got in my life is 2 moving violation tickets and bunch of parking tickets when I was a grad student parked illegally on campus.
So is this a misdemeanor? Although he paid for the ticket, he still needs to be in court for the misdemeanor, correct? It's not like he paid the ticket and be done with it? |
#10
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Depends on where you live, unfortunately.
I seriously doubt you’d get anything close to that up here.
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#11
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Here is the big question, was he cited for a penal code violation or a city ordinance? A city ordinance could quite possibly be a fine only. A penal code violation would probably be more like 246.3 which will include jail time or probation on conviction.
ETA: Just checked a conviction for 246.3 also comes with the door prize of a 10 year ban. Last edited by P5Ret; 08-26-2018 at 10:33 AM.. |
#12
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#13
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I can't say for sure what could or couldn't have happened, but this does seem a little sketchy to me. The fact that he claims he wasn't aiming for the person doesn't sound like a horse that'll run in court. Even if you are a good shot and can prove it, it could still just mean you screwed up that shot. If you had hit him, since he was clearly fleeing, you'd be a heap of trouble. So even missing is a pretty serious deal, although maybe it's not as big a deal if the target won't press charges.
Even so, he doesn't mention the police giving him a Little Talk about how only we're allowed to shoot fleeing criminals, you go to prison. |
#15
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It's illegal to discharge a firearm anywhere in the Tahoe Basin. HOWEVER if you belong to an "old Tahoe Family" and shoot a Bear that is running AWAY from you on your property inside the S. Tahoe City limits, gee no charges filed, no citations! |
#16
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Thats not true, theres plenty of public forest lands to target shoot in the Lake Tahoe Basin.
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#17
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He was cited out for the misdemeanor, which is the same as a custodial arrest. Happens all the time. 100% believable. Seen it myself numerous times for similar incidents.
People don't realize that a ticket isn't just a "fine." It's a promise to appear in court and answer to your charges. For traffic infractions, you can avoid the appearance by just paying the fine and being done with it. |
#19
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Most municipal code violations are misdemeanors. Misdemeanors can be cited out in the field. I did it all the time. When I worked a remote area, we would even cite out for penal code violations of carrying concealed without a ccw and carrying a loaded firearm in a prohibited area. We would also cite for discharging in prohibited areas using county codes.
This guy got very lucky in my opinion.
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#20
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Have the laws changed regarding that area? I lived there 46 years and used to shoot with the LEO's at the S. Tahoe airport LEO range before they closed that LEO range. ALL the LEO's City PD, CHP, SO told me you aren't allowed to discharge firearms in the Tahoe Basin, go to the top of the hill east or west, south (Hope Valley), north and you're not in violation. I believed them as they would be the ones enforcing the law. Used to go shooting up Kingsbury to the end of North Benjamin then off into NF land if the road was passable by 4x4 which "although a nice view" wasn't in the Basin it was on the line. |
#21
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#22
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Here's one National Forest restriction prohibiting recreational shooting in part of the basin. https://www.tahoedailytribune.com/ne...-safety-urged/
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NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor California DOJ Certified Fingerprint Roller Ventura County approved CCW Instructor Utah CCW Instructor Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners. CCW SAFE MEMBERSHIPS HERE KM6WLV |
#23
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This is why when I couldn't use the LEO range at the S. Tahoe Airport, and only with an LEO present, if I wanted to go to a range I had to go to Carson City 70 mile round trip or Douglas County-Gardnerville, 50 mile round trip. Or Hope Valley a 40 mile round trip to go shooting. I know people that go deer hunting in the area just before you get to Echo Summit. Funny thing about the "Tahoe Daily Tribune" though, the editor used to live down the street before he left town and moved elsewhere, the Daily Tribune, which started at 25 cents a day (1970's) then to 50 cents day became a 3 times a week "free" newspaper paper, no longer printed in Tahoe, but in Carson City, and now we hear the Daily Tribune is a weekly only! Last edited by aghauler; 08-27-2018 at 11:19 AM.. |
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