d****d
发帖数: 699 | 1 http://us2.campaign-archive1.com/?u=812c9186a81db6434329bda16&i
Joseph Fernandez thankful CGF was there to help, considers legal options
against Los Angeles County Sheriff
On October 8, 2012, Joseph Fernandez was driving normally down Hawthorn Blvd
. when a Los Angeles County Sheriff Deputy pulled him over, alleging that he
stopped to warn Fernandez that there was an unknown object hanging from the
rear view mirror and that the vehicle was allegedly straddling lanes, both
violations of the Vehicle Code.
During the stop, the Deputy asked Fernandez if there were any weapons inside
the vehicle. Fernandez informed the Deputy that he had. The Deputy
detained Fernandez and the other vehicle occupants and conducted a search.
The Deputy recovered a "locked black gun case." Fernandez provided the code
for the gun case, and the Deputy recovered two registered and unloaded
firearms, magazines, and ammunition. According to Fernandez, the Deputy
believed that the firearms were deemed loaded because the magazines and
ammunition were carried in the same case as the firearm.
The Deputy read Fernandez his Miranda rights and arrested him, "due to the
fact that the firearms were concealed in a case, that they were readily
accessible and within his immediate reach, and that there were two loaded
magazines directly next to the firearm which can be quickly and easily
loaded into the firearm." According to Fernandez, only after the Deputy's
watch supervisor informed him that the firearms were not "loaded" was he
cited for possession of a concealed firearm within a vehicle.
This unfortunate event could have been avoided had the officer been properly
trained on the definition of loaded as well as the exemptions to Penal Code
section 25400, including Penal Code section 25610(a)(1) which expressly
exempts firearms carried "in a locked container."
Significantly, a criminal case was filed by the Hawthorne City Attorney's
office against Mr. Fernandez, indicating a lack of firearms knowledge by the
prosecutors. Mr. Fernandez contacted The Calguns Foundation, which
considered the matter and took on his legal defense.
On December, 18, 2012, Attorney Jason Davis represented Mr. Fernandez in
Court. After Mr. Davis discussed the false arrest error in the arrest and
complaint and some professional arguing with the City Prosecutor, the City
Prosecutor wisely dismissed the case.
After his case was dismissed, Mr. Fernandez stated, "I really appreciate The
Calguns Foundation's efforts and that there's someone out there to protect
the firearm rights of Californians like me. Few people know the details of
California's intricate firearm laws, and even fewer can effectively
represent their members and our Second Amendment rights like CGF does."
"Please, support CGF so that they can continue defending innocent California
gun owners in circumstances like mine."
Mr. Fernandez is now considering his legal options against Los Angeles. | s******t
发帖数: 40 | | d****d
发帖数: 699 | 3 I remember the instructor told us it is a grey area and you'd better not put
a loaded magazine in your car. | j****N
发帖数: 1289 | 4 CA虽然非常firearm unfriendly，但是幸运的是有calguns。
赶脚CGF，SAF和NRA都要支持。 | h******d
发帖数: 4761 | 5 越搞越糊涂，感觉法律就不是给非法律专业的人看的. | x*7
发帖数: 11281 | 6 常常有人说，警察懂法律，其实也是扯谈
人家也是混碗饭吃，就好象做生物实验的，都懂生物吗，一个道理 | f********r
发帖数: 3155 | 7 包括上课的老师，不止一个人告诉过我，手枪和上了子弹的弹匣放一起，算loaded
Blvd
he
the
both
inside
【在 d****d 的大作中提到】
: http://us2.campaign-archive1.com/?u=812c9186a81db6434329bda16&i
: Joseph Fernandez thankful CGF was there to help, considers legal options
: against Los Angeles County Sheriff
: On October 8, 2012, Joseph Fernandez was driving normally down Hawthorn Blvd
: . when a Los Angeles County Sheriff Deputy pulled him over, alleging that he
: stopped to warn Fernandez that there was an unknown object hanging from the
: rear view mirror and that the vehicle was allegedly straddling lanes, both
: violations of the Vehicle Code.
: During the stop, the Deputy asked Fernandez if there were any weapons inside
: the vehicle. Fernandez informed the Deputy that he had. The Deputy
| r*****j
发帖数: 7481 | | C*******n
发帖数: 95 | | s****6
发帖数: 122 | 10 This unfortunate event could have been avoided had the officer been properly
trained on the definition of loaded as well as the exemptions to Penal Code
section 25400, including Penal Code section 25610(a)(1) which expressly
exempts firearms carried "in a locked container."
这一段是说， 锁起来的盒子就不算‘loaded'。枪弹一起也不算‘loaded'. |
|
