2nd Amendment is Violated

[redy2fiyt]

I was doing some research to respond to Codee's latest post about traffic stops when I came across this section in the California Penal Code:

Person Carrying Firearms

12031.m. (a) (1) Every person who carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory is guilty of a misdemeanor.

Is the second amendment dead?

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Sounds like the State government is infringing on my right to bear arms. How did this mess happen?

[ezrhythm]

The second amendment is not dead at all. The attorneys get around this by putting, "Any person".

Are you a "person"?

http://www.outlawslegal.com/freedom/personed.htm

[Shoonra]

California law permits you to have an unloaded weapon in your car, and you can load it when you get out of the car. Maybe I should re-read The Federalist Essays to see if there was original intent to have loaded guns in motor vehicles.

[redy2fiyt]

Originally Posted by ezrhythm

The second amendment is not dead at all. The attorneys get around this by putting, "Any person".

Are you a "person"?

http://www.outlawslegal.com/freedom/personed.htm

Ah yes, jurisdiction! That's the ticket (no pun intended).

[redy2fiyt]

Originally Posted by Shoonra

California law permits you to have an unloaded weapon in your car, and you can load it when you get out of the car. Maybe I should re-read The Federalist Essays to see if there was original intent to have loaded guns in motor vehicles.

I doubt that "motor vehicles" were around when the Federalist Essays were published. Nice try though.

[Friendsplacect]

California law permits you to have an unloaded weapon in your car, and you can load it when you get out of the car. Maybe I should re-read The Federalist Essays to see if there was original intent to have loaded guns in motor vehicles

Why would a State permit a right?
How can a State permit a right?

[BOBT12]

Originally Posted by Shoonra

California law permits you to have an unloaded weapon in your car, and you can load it when you get out of the car. Maybe I should re-read The Federalist Essays to see if there was original intent to have loaded guns in motor vehicles.

I guess that we should just tell the car jacker to "wait while I load my gun". What a load of crap.

Maybe the Federalist Essays should be read with the view toward self-protection, and to see if this is the original intent, whether by horse or car.

[weaponx71]

Wouldn't every police officer be guilty of this same Misdemeanor?

[redy2fiyt]

Originally Posted by weaponx71

Wouldn't every police officer be guilty of this same Misdemeanor?

Ha! I like the way you think!

I believe the statute refers to "persons" as defined in the code. A "peace officer" is defined separately and there is no mention of it in that specific section. You're on the right track though.

[Sandman]

Originally Posted by redy2fiyt

Ha! I like the way you think!

I believe the statute refers to "persons" as defined in the code. A "peace officer" is defined separately and there is no mention of it in that specific section. You're on the right track though.

Nonsense.....12031 continues....

(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of those officers to assist
in making arrests or preserving the peace while the person is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this paragraph and paragraph
(3).


There is more if you care to actually read the law. How could you possibly say there was no mention of this in the law? Did you even read this "specific section"?