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Author Topic: CA_Libertarian harassed by LE for open carry in CA  (Read 4901 times)

CA_Libertarian

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CA_Libertarian harassed by LE for open carry in CA
« on: July 13, 2008, 02:18:24 pm »

Been a while since I've posted over here; life's been way busy... besides hearing about NH just makes me depressed lately, as I'm stuck in CA a while longer.

So, I was sitting in my car on the road next to the park the other day, enjoying the peace and quiet and reading my newest book, Ron Paul's The Revolution.  I look up because I see something flashing in my periphery, and see a Turlock Police car race up and create a half-assed roadblock up the street from me.  In my rear view mirror, I notice two more units rolling up on me Code 3.  3 of Turlock's finest step out, guns drawn, and order me out of my car.  I'm not one to argue with men pointing guns at me, so I comply with all their orders.  They execute a standard 'felony stop', cuff me, and confiscate my firearm, magazines, pocket knife, and wallet.  I am placed in the back of one of their cars and told I am "under arrest for carrying a concealed firearm."  I am read my rights, and then questioned.

Now this particular police car could comfortably seat a 10-year old girl in the back seat.  Let's say my frame is a bit larger than that.  Add to that the fact that I have chronic back pain from injury in a car accident years ago...  Add to that the fact that the officer that handcuffed me put one of the cuffs on at a 45-degree angle... so within minutes I am wracked with pain.  So, to make my detention as short as possible I cooperated and answered their questions - though I had to dodge a few questions that were obviously designed to get me to incriminate myself.  I did offer recitation of the relavent penal code to the officers, who dutifully spent 5 minutes reading the law they already announced I was under arrest for.

Then they searched my car without my permission - they didn't even ask.  I yelled out the window that I did not consent to a search of my vehicle, and asked why there was an officer in my car.  I was told that they wanted to make sure I didn't have any other concealed weapons in my car.  They ran my license - spotless driving record.  Background - clean and clear.  Firearm - registered per state law when I purchased it 3 days prior.  Vehicle - hell I had a copy of the purchase contract in the glove box, current registration and mandatory proof of insurance.

Then they stood around and chatted for another 30 minutes.  I couldn't hear what was being said, but it was obvious they were not discussing business.  They were joking and laughing and enjoying themselves... while I was still in the back of the car in a lot of pain.

Then they ask me to step out of the car - quite a task when you can't feel your hands or feet.  They take the cuffs off, and order me to sit on the sidewalk.  They then stand around me and talk down to me like a child, telling me that I have no business carrying a gun, it's dangerous, it scares people, etc.  They threaten me with, "our hours are billable" and tell me I'm wasting their time.  They plead with me, saying, "This is a [small] town, we don't have the resources to deal with these calls.  Please just don't do it here anymore."  I state my disagreement with pretty much every comment they make, but stay polite and respectful.  10-15 minutes of this goes by, then the lead officer tells me he put my ammo in the car and then he puts the pistol in the trunk and tells me not to touch it until they leave.  He tells me I'm free to leave.

I immediately inventory all the items they took from me.  One round was ejected from a magazine, so I put it back and place both mags in my mag holders.  I put my wallet and knife in my pockets and put stuff back where it belongs in my car (they moved a lot of stuff around during their search).  The officers are still standing around chatting, and I'm ready to retrieve my firearm.  So I walk over and ask the officers when they will be leaving "so I can retrieve my firearm without making you guys uncomfortable."  They tell me that I'll have to drive away and retrieve my firearm from the trunk at a different location.  I drive around the corner and retrieve my firearm, make sure they didn't chamber a round (which would cause me to violate the 'possession of a loaded firearm' statute).  I holster my weapon and go about the rest of my day.

Went to the doctor on Wednesday due to ongoing pain and numbness in one hand (the one they cuffed wrong).  Doc says it should pass, but to take it easy.  The bruising only lasted about a week, but there's still a bit of tenderness in a few spots around my wrists.  My back pain is back down to it's usual level now, but the first 2 days I hardly slept at all.

I have an interview with a local reporter later today, and will be reviewing the incident with a local gun rights group (including their attorney, who's amicus brief was reviewed by SCOTUS in the Heller case.  Hopefully I'll have some redress for my grievences soon, but here in CA this type of police activity is normal and most people are so afraid of everything that they want the cops to treat everybody like criminals.

An interesting thing the reporter told me when I called her.  She said, "I've been wanting to talk to you."  Now, I called her, so I was a bit surprised.  I probed a bit, and she told me that the sheriff's office had called her about the incident.  Apparently the Turlock police chief had 'advised' the sheriff about me...  My best guess is they want to keep an eye on me.  Now, why would they contact the local paper?  My best guess is they wanted to make sure they got to the reporter before I did.  Maybe I'm cynical... but I just can't imagine they were calling to submit an open letter to the editor apologizing for their tyranny.

Well, I just needed to vent.  If you're in CA and still not sure about moving to NH, I hope this helps you realize that we do live in a police state.  Get out before they label you an enemy of the state.  If you're stuck here, and just want to be in good company, drop me a private message.  If you're near Turlock or Modesto I'd like to meet more liberty-minded people... seems we're a rare breed in CA.
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Rebel

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #1 on: July 13, 2008, 02:39:35 pm »

Sorry to hear about your ordeal.

If you're in CA and still not sure about moving to NH, I hope this helps you realize that we do live in a police state.  Get out before they label you an enemy of the state. 
Great advice!
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Denis Goddard

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #2 on: July 13, 2008, 06:47:42 pm »

My advice is to use this incident to GET THE WORD OUT, and to hone your skills as an activist and media-hound.

1) Tell the reporter all about the FSP. Make the FSP a central part of your story -- you're leaving CA "while you still can", and joining thousands of people who feel the same way

2) Standing up to the police takes GUTS. Getting good sound-bites into the media takes PRACTICE. Being able to do both more effectively is a huge plus for your activism when you join us here in your adopted Home.


Stay cool, remember this too shall pass, and... You rock!

NHArticleTen

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #3 on: July 14, 2008, 10:40:51 am »

My advice is to use this incident to GET THE WORD OUT, and to hone your skills as an activist and media-hound.

1) Tell the reporter all about the FSP. Make the FSP a central part of your story -- you're leaving CA "while you still can", and joining thousands of people who feel the same way

2) Standing up to the police takes GUTS. Getting good sound-bites into the media takes PRACTICE. Being able to do both more effectively is a huge plus for your activism when you join us here in your adopted Home.


Stay cool, remember this too shall pass, and... You rock!

This...

And...get the hell out of the people's republic of Kalifornia...as soon as possible...

magicmonkey

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #4 on: July 20, 2008, 11:17:01 pm »

I'm sorry you had to experience such harsh physical harassment at the hands of government thugs.  Hearing these kinds of stories makes me furious.  I hope you'll consider legal action, but that may be far too much hassle.  If it makes any difference, I'm impressed that you had such huge guts for open carry in CA and proud that you carry on the message of liberty every day.
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JAC

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #5 on: July 21, 2008, 01:10:57 am »

That's awful man.  Nice job exercising your rights and standing strong against those cops.

I live in California as well and am getting out of here in August.  You said you are going to be in California a while longer, why is that?
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CA_Libertarian

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #6 on: July 22, 2008, 02:28:31 pm »

That's awful man.  Nice job exercising your rights and standing strong against those cops.

I live in California as well and am getting out of here in August.  You said you are going to be in California a while longer, why is that?

My wife has a family history of heart disease at very young ages - her grandmother only lived to age 40, and her dad was diagnosed with it at age 40.  She's only 28, but she was a premature baby, so she's higher risk.  Right before we moved to NH in March, she had a checkup and it didn't look good.  We're still in the process of figuring out what's wrong, but it seems she's improving.

Anyhow, as soon as she's well enough to make the trip, we still plan on making the move.
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MaineShark

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #7 on: July 22, 2008, 03:19:08 pm »

My wife has a family history of heart disease at very young ages - her grandmother only lived to age 40, and her dad was diagnosed with it at age 40.  She's only 28, but she was a premature baby, so she's higher risk.  Right before we moved to NH in March, she had a checkup and it didn't look good.  We're still in the process of figuring out what's wrong, but it seems she's improving.

Anyhow, as soon as she's well enough to make the trip, we still plan on making the move.

FYI, Portsmouth Hospital has an extremely good cardiac unit, both for surgery and for preventative care.

Joe
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sj

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #8 on: July 22, 2008, 09:14:08 pm »

That's awful man.  Nice job exercising your rights and standing strong against those cops.

I live in California as well and am getting out of here in August.  You said you are going to be in California a while longer, why is that?

My wife has a family history of heart disease at very young ages - her grandmother only lived to age 40, and her dad was diagnosed with it at age 40.  She's only 28, but she was a premature baby, so she's higher risk.  Right before we moved to NH in March, she had a checkup and it didn't look good.  We're still in the process of figuring out what's wrong, but it seems she's improving.

Anyhow, as soon as she's well enough to make the trip, we still plan on making the move.

My best wishes.  I hope everything is ok.  I hope to see you on the free side of the New Hampshire border very soon.  Looks like my wife and I are going to beat you there :)
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CA_Libertarian

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #9 on: August 14, 2008, 03:07:10 pm »

FYI, Portsmouth Hospital has an extremely good cardiac unit, both for surgery and for preventative care.

Joe

Thanks; I planned on moving to the Portsmouth area anyhow, so that's good to hear.

As you can imagine, a big part of the problem is medical bills.  Our original plan was to just get there and worry about jobs after the fact.  Now I'm not sure that would be a prudent move.  Probably will have to make sure I'll have a job with some benefits before I can make the move.  I'm still intent on getting there... just gotta proceed more carefully than before.
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The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it NOW deserves the love and thanks of man and woman.
~Thomas Paine (1737–1809)

CA_Libertarian

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #10 on: August 14, 2008, 03:11:42 pm »

Oh, almost forgot to update:

The police report had a lot of fabrication to it: they claim I was detained for a much shorter time than I was; they claim the search was consensual; they claim I reported no injuries upon being released.

The reporting party, it turns out, is a retired deputy.  Figures, been carrying for a year and the first person to freak out is LE.  The People don't seem to mind, just the tyrants.
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The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it NOW deserves the love and thanks of man and woman.
~Thomas Paine (1737–1809)

Keyser Soce

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #11 on: August 14, 2008, 10:30:28 pm »

Good to hear from you again.

Nice going. I'm adding you to my hero list. 

Legal action is the only that makes them pay even a little attention. Sick bastards.
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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #12 on: August 14, 2008, 11:29:41 pm »

Good to hear from you again.

Nice going. I'm adding you to my hero list. 

Legal action is the only that makes them pay even a little attention. Sick bastards.

Indeed, one of the few good uses of the system: Getting one bureaucracy to go after the other(s).
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McDuck

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #13 on: August 14, 2008, 11:41:28 pm »

Sorry to hear about your bad luck CA_Libertarian.  I hope your situation improves so you can move to NH asap. 
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Willbert

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Re: CA_Libertarian harassed by LE for open carry in CA
« Reply #14 on: August 16, 2008, 06:04:28 pm »

It's funny how "ignorance is no excuse" applies only to civilians, not to LE.
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