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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #41  
Old 02-16-2019, 5:46 PM
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Quote:
Originally Posted by johnk518 View Post
Actually, without the details I think he would have been charged even with a CCW.

And why, do you think someone would with a CCW, who pulled their gun when threatened with a knife......would be charged with ADW?
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  #42  
Old 02-16-2019, 6:05 PM
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Originally Posted by TurboChrisB View Post
And why, do you think someone would with a CCW, who pulled their gun when threatened with a knife......would be charged with ADW?
The LTC doesn't change the fact of the outcome. Everything would have been the same, but he would have a CCW. AWDW isn't dependant on the legality of the tool used, it could have been a hammer.
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  #43  
Old 02-16-2019, 6:11 PM
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There is a point of law that a prohibited action is allowed if it was proven to protect your life. There is even an incident in LA where a kid was carrying illegally and killed the rapper Dolla who he had a beef with. Kid got off because it was decided that he was carrying because the Dolla was a legitimate threat to the kid's life.

But I wouldn't count on it for myself. I would assume that even in a righteous shoot, I'm still going to jail for illegally carrying.
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  #44  
Old 02-16-2019, 6:55 PM
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Originally Posted by johnk518 View Post
The LTC doesn't change the fact of the outcome. Everything would have been the same, but he would have a CCW. AWDW isn't dependant on the legality of the tool used, it could have been a hammer.
Regardless, why do you think that someone who is threatened with a knife would be charged?
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  #45  
Old 02-16-2019, 7:09 PM
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Regardless, why do you think that someone who is threatened with a knife would be charged?
Because according to the story, he was.
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  #46  
Old 02-16-2019, 7:39 PM
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Originally Posted by johnk518 View Post
Because according to the story, he was.


Ohhhh gotcha, I was misunderstanding how you meant that... I got it now. Doh....
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  #47  
Old 02-16-2019, 7:41 PM
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The story about the laundry mat seems like guy was reving his engine then the other guy pulls a gun leading to the engine rever to pull a knife. You do not pull a gun on someone for reving an engine.
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  #48  
Old 02-16-2019, 9:33 PM
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  • Brother didn't really leave, just went around back
  • Brother went to car, could have got in and left
  • Brother runs toward the guy with the knife

Not self defense.

Quote:
Originally Posted by Big Nasty View Post
Without going into specific details, my brother lost his gun rights for 10 years due to him pulling a gun an aggressive, threatening guy.

- My brother goes into a laundry mat to wash his clothes.
- Gets into a verbal altercation with a gentleman. The guy was threatening my bro with bodily harm (witnesses backed my brother).
- my brother leaves , trying to diffuse the situation.
-Aggressor drives to back of laundry mat where my brother is at and reves his engine at him, mimicking like he will run him over.
- my brother goes to his car and grabs his handgun.
- aggressor opens door, pulls a knife and continues to threaten my bro.
- my bro runs up on him, points gun at his rib cage and takes knife away from him.
- my bro calls the police and tells his story. He (bro) is attested basically self incriminating himself by saying he pulled a gun on the guy.
- is charged with Assault W/ Deadly Weapon.
- takes plea deal: probation with no firearms for 10 years.
- aggressor is not charged , probably undocumented
- biggest bombshell: CCTV was able to prove my brothers side of the story .
Yet my brother was charged cause he used a firearm to defend himself and not having a CCW
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  #49  
Old 02-19-2019, 10:30 AM
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Regarding your story, If the man did not move toward your brother and was say 20 yards away from him then I can see where the DA might be concerned about your brother charging him. Brother doesn't need to retreat, but immediate threat of bodily harm is the main concern here. If he was threatened, then I don't see how the charge would stick. I'm not getting the reason he was charged.
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  #50  
Old 02-26-2019, 1:17 PM
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I think they would look at two things............

1. Is the shooting justifiable

2. Do you have a CCW

They may find that it was justifiable but then find you guilty of carrying without a license.......depending upon your locale, you could spend a year in County Jail, or slap on the hand in more sane jurisdiction
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  #51  
Old 02-26-2019, 8:49 PM
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Quote:
Originally Posted by Gryff View Post
There is a point of law that a prohibited action is allowed if it was proven to protect your life. There is even an incident in LA where a kid was carrying illegally and killed the rapper Dolla who he had a beef with. Kid got off because it was decided that he was carrying because the Dolla was a legitimate threat to the kid's life.

But I wouldn't count on it for myself. I would assume that even in a righteous shoot, I'm still going to jail for illegally carrying.
Thatís in code, but you have to get arrested and tried, and the trier of fact then has to determine that there was cause. A restraining order in place seems helpful....
Quote:
25600. (a) A violation of Section 25400 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This section may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the personís life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.
(b) Upon trial for violating Section 25400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger.
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