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 > GENERAL DISCUSSION > General gun discussions
Register FAQ Members List Calendar Mark Forums Read

General gun discussions This is a place to lounge and discuss firearm related topics with other forum members.

Reply
 
Thread Tools Display Modes
  #1  
Old 08-25-2018, 9:56 PM
OmegaTrader's Avatar
OmegaTrader OmegaTrader is offline
Senior Member
 
Join Date: Mar 2014
Location: North County SD
Posts: 575
iTrader: 1 / 100%
Default 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.

Quote:
....I caught two people in my garage rummaging around one night. It was about 2 am and I got up and got myself a glass of water. My garage was unattached to my house and I noticed across the yard the light was on, which was odd but Then I saw a person through the window. I had had an experience a couple of years prior where I woke up to a hand reaching through my window trying to climb in. I yelled and grabbed my 9mm that was next to the bed and ran around the back of the house. The person was climbing over the back fence and to make my point I fired one round into a huge tree stump that was in the back yard. I did not aim for the person…just wanted them to know that coming back was a bad idea. The police showed up and after a long talk I was issued a ticket for discharge of a firearm within city limits. I thought it was total bs but understood that was the law and well…whatever. I paid the ticket....

Last edited by OmegaTrader; 08-25-2018 at 9:58 PM..
Reply With Quote
  #2  
Old 08-25-2018, 10:00 PM
shootsocal_dave's Avatar
shootsocal_dave shootsocal_dave is offline
Vendor/Retailer
 
Join Date: Sep 2016
Location: 261 E Imperial hwy #510 Fullerton, CA
Posts: 1,418
iTrader: 10 / 100%
Default

can’t a ticket be a misdomenor or a infraction?
__________________
ShootSoCal Firearms & Training.
Gun Store, Training, Cerakote & Gunsmith


Our Fullerton store is Open!
714.242.5400 - Info@ShootSoCal.com
10-6 Monday- Saturday, No Appointment needed.
1139 S Placentia Ave Fullerton CA 92831

Glock Optic Cuts Glock, M&P, Shield, CZ and 1911 Starting $125

FFL TRANSFER $50 / Ammo $25

We are hiring GUNSMITH position


Factory Trained and Certified CERAKOTE Applicator.


View our Online Gun Store here!
Reply With Quote
  #3  
Old 08-25-2018, 10:01 PM
Yodaman Yodaman is offline
Veteran Member
 
Join Date: Aug 2012
Posts: 2,729
iTrader: 38 / 100%
Default

He could have been cited and released for the misdemeanor. Cite & release happens allllll the time.


Sent from my iPhone using Tapatalk
Reply With Quote
  #4  
Old 08-25-2018, 10:03 PM
StuckInTheP.R.O.Ca's Avatar
StuckInTheP.R.O.Ca StuckInTheP.R.O.Ca is offline
Veteran Member
 
Join Date: Feb 2013
Location: Ca
Posts: 2,940
iTrader: 1 / 100%
Default

Many misdemeanor charges can be cite released. It's technically an arrest but the arrestee gets a ticket instead of being formally booked.
Reply With Quote
  #5  
Old 08-25-2018, 10:05 PM
OmegaTrader's Avatar
OmegaTrader OmegaTrader is offline
Senior Member
 
Join Date: Mar 2014
Location: North County SD
Posts: 575
iTrader: 1 / 100%
Default

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.
Reply With Quote
  #6  
Old 08-25-2018, 10:08 PM
StuckInTheP.R.O.Ca's Avatar
StuckInTheP.R.O.Ca StuckInTheP.R.O.Ca is offline
Veteran Member
 
Join Date: Feb 2013
Location: Ca
Posts: 2,940
iTrader: 1 / 100%
Default

Quote:
Originally Posted by OmegaTrader View Post
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.
Cited/ticket= same.
Reply With Quote
  #7  
Old 08-25-2018, 10:29 PM
Yodaman Yodaman is offline
Veteran Member
 
Join Date: Aug 2012
Posts: 2,729
iTrader: 38 / 100%
Default

Cited is a ticket as stated


Sent from my iPhone using Tapatalk
Reply With Quote
  #8  
Old 08-25-2018, 10:39 PM
OmegaTrader's Avatar
OmegaTrader OmegaTrader is offline
Senior Member
 
Join Date: Mar 2014
Location: North County SD
Posts: 575
iTrader: 1 / 100%
Default

Quote:
Originally Posted by StuckInTheP.R.O.Ca View Post
Cited/ticket= same.
Quote:
Originally Posted by Yodaman View Post
Cited is a ticket as stated


Sent from my iPhone using Tapatalk
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?
Reply With Quote
  #9  
Old 08-25-2018, 11:18 PM
hambam105 hambam105 is offline
Calguns Addict
 
Join Date: Jan 2013
Posts: 7,078
iTrader: 2 / 100%
Default

Quote:
He didn't say he was cited. He said the cop came, gave him a ticket for the 9mm discharge.
This person you are referring to:
Was he a Grad student as well?
Reply With Quote
  #10  
Old 08-26-2018, 6:30 AM
plumbum's Avatar
plumbum plumbum is offline
Calguns Addict
 
Join Date: May 2010
Location: Tuh-hay-muh
Posts: 5,329
iTrader: 0 / 0%
Default

Depends on where you live, unfortunately.
I seriously doubt you’d get anything close to that up here.
__________________
Quote:
Originally Posted by ysr_racer View Post
Please don't bring logic and reason into an interwebs discussion
Quote:
Originally Posted by krypto99 View Post
Please stop using logic and reason.
Reply With Quote
  #11  
Old 08-26-2018, 7:35 AM
P5Ret P5Ret is offline
Calguns Addict
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 6,187
iTrader: 1 / 100%
Default

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..
Reply With Quote
  #12  
Old 08-26-2018, 7:38 AM
P5Ret P5Ret is offline
Calguns Addict
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 6,187
iTrader: 1 / 100%
Default

Quote:
Originally Posted by OmegaTrader View Post
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?
You received a citation for the moving violation's. You were cited. Ticket is accepted slang for a citation.
Reply With Quote
  #13  
Old 08-26-2018, 10:01 AM
divert_fuse's Avatar
divert_fuse divert_fuse is offline
Member
 
Join Date: Jul 2018
Location: SF, CA
Posts: 190
iTrader: 0 / 0%
Default

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.
Reply With Quote
  #14  
Old 08-26-2018, 6:27 PM
Wordupmybrotha's Avatar
Wordupmybrotha Wordupmybrotha is offline
From anotha motha
CGN Contributor - Lifetime
 
Join Date: Oct 2013
Location: Pasadena, CA
Posts: 6,950
iTrader: 62 / 100%
Default

I hope he got lots of head and face shots with the paintballs.
Reply With Quote
  #15  
Old 08-26-2018, 7:02 PM
aghauler's Avatar
aghauler aghauler is offline
Veteran Member
 
Join Date: Apr 2011
Location: NM
Posts: 4,789
iTrader: 4 / 100%
Default

Quote:
Originally Posted by OmegaTrader View Post
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.
Well it all depends where and who you are.

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!
Reply With Quote
  #16  
Old 08-26-2018, 8:01 PM
1meanchevy's Avatar
1meanchevy 1meanchevy is offline
Senior Member
 
Join Date: Sep 2011
Location: Nakatomi Plaza
Posts: 1,328
iTrader: 28 / 100%
Default

Quote:
Originally Posted by aghauler View Post
Well it all depends where and who you are.

It's illegal to discharge a firearm anywhere in the Tahoe Basin.

!
Thats not true, theres plenty of public forest lands to target shoot in the Lake Tahoe Basin.
Reply With Quote
  #17  
Old 08-26-2018, 8:24 PM
bk23103's Avatar
bk23103 bk23103 is offline
Senior Member
 
Join Date: Oct 2014
Location: █████████
Posts: 1,066
iTrader: 0 / 0%
Default

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.
Reply With Quote
  #18  
Old 08-26-2018, 8:26 PM
smittty smittty is offline
Calguns Addict
 
Join Date: Feb 2008
Posts: 6,138
iTrader: 16 / 94%
Default

How much was the ticket?
Reply With Quote
  #19  
Old 08-26-2018, 10:53 PM
Ron-Solo's Avatar
Ron-Solo Ron-Solo is offline
Calguns Addict
 
Join Date: Jan 2009
Location: Classified
Posts: 8,581
iTrader: 16 / 100%
Default

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.
__________________
LASD Retired
1978-2011

NRA Life Member
CRPA Life Member
NRA Rifle Instructor
NRA Shotgun Instructor
NRA Range Safety Officer
DOJ Certified Instructor
Reply With Quote
  #20  
Old 08-27-2018, 10:05 AM
aghauler's Avatar
aghauler aghauler is offline
Veteran Member
 
Join Date: Apr 2011
Location: NM
Posts: 4,789
iTrader: 4 / 100%
Default

Quote:
Originally Posted by 1meanchevy View Post
Thats not true, theres plenty of public forest lands to target shoot in the Lake Tahoe Basin.
Really? Specifically where inside the Tahoe Basin?

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.
Reply With Quote
  #21  
Old 08-27-2018, 10:21 AM
CSACANNONEER's Avatar
CSACANNONEER CSACANNONEER is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2006
Location: Thousand Oaks
Posts: 44,084
iTrader: 133 / 100%
Default

Quote:
Originally Posted by OmegaTrader View Post
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.
Even in CA, in most of the geographical area of the state, it is 100% legal to discharge a firearm so, why would you think it's always a crime to discharge a firearm? There is no state law against it (unless it's in specific places and ways). There are many different local laws that might come into play but, each one is different so, there's really no way to make a blanket statement that would apply to the entire state.
__________________
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
Reply With Quote
  #22  
Old 08-27-2018, 10:29 AM
CSACANNONEER's Avatar
CSACANNONEER CSACANNONEER is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2006
Location: Thousand Oaks
Posts: 44,084
iTrader: 133 / 100%
Default

Quote:
Originally Posted by 1meanchevy View Post
Thats not true, theres plenty of public forest lands to target shoot in the Lake Tahoe Basin.
While 7 different counties, in two different states, make up the Tahoe Basin, I believe most counties have local laws restricting shooting within their jurisdictions that are within the basin.

Here's one National Forest restriction prohibiting recreational shooting in part of the basin.

https://www.tahoedailytribune.com/ne...-safety-urged/
__________________
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
Reply With Quote
  #23  
Old 08-27-2018, 11:16 AM
aghauler's Avatar
aghauler aghauler is offline
Veteran Member
 
Join Date: Apr 2011
Location: NM
Posts: 4,789
iTrader: 4 / 100%
Default

Quote:
Originally Posted by CSACANNONEER View Post
While 7 different counties, in two different states, make up the Tahoe Basin, I believe most counties have local laws restricting shooting within their jurisdictions that are within the basin.

Here's one National Forest restriction prohibiting recreational shooting in part of the basin.

https://www.tahoedailytribune.com/ne...-safety-urged/
Thanks for the back up!

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..
Reply With Quote
  #24  
Old 08-27-2018, 11:57 AM
Angrysnarf's Avatar
Angrysnarf Angrysnarf is offline
Veteran Member
 
Join Date: Oct 2015
Location: Fresno
Posts: 2,855
iTrader: 4 / 100%
Default

Pro 2a cop
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 1:29 PM.




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