how does this letter sound?
- Thread starter tmlowe
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As long as you're on the list you might as well go for it.
I didn't see this posting until now. My suggestion would have been to skip JPSO for now and go through the DA. They're much more willing to have a legal argument, they're attorneys!
Once you get a written response from the DA's office, then approach the JPSO. Also, having a letter signed by an assistant DA (and make it a paper letter rather than an email, btw, sent to them registered mail) that will carry some weight if you do get into an argument with a JPSO. They'll have to decide if its worth their next promotion to arrest you for something that the DA has already decided he'll throw out. If you do get busted, the junior-junior assistant DA is more willing to throw out the arrest if you've got a letter from the DA saying this is OK. You might sit in a cell while he makes a few verification calls, rather than sitting until next Tuesday and going to arraignment and you hiring an attorney.
I didn't see this posting until now. My suggestion would have been to skip JPSO for now and go through the DA. They're much more willing to have a legal argument, they're attorneys!
Once you get a written response from the DA's office, then approach the JPSO. Also, having a letter signed by an assistant DA (and make it a paper letter rather than an email, btw, sent to them registered mail) that will carry some weight if you do get into an argument with a JPSO. They'll have to decide if its worth their next promotion to arrest you for something that the DA has already decided he'll throw out. If you do get busted, the junior-junior assistant DA is more willing to throw out the arrest if you've got a letter from the DA saying this is OK. You might sit in a cell while he makes a few verification calls, rather than sitting until next Tuesday and going to arraignment and you hiring an attorney.
I'm not so sure all this letter writing is a good idea. Would you write to ask if any other lawful activity was considered illegal by the PD? There are a lot of things some people THINK are illegal, but only the ones spelled out in law ARE actually illegal.
The primary reason many LEOs don't know about open carry is that they're not exposed to it in either training or usual daily experience. The few LEOs I've asked about it in a friendly discussion on open carry have all thought it was simply a bad idea - not unlike many people in the CC world think. BTW one of them said that they don't object to civilians being armed as long as the civilians train with their weapons. I pointed out that I go to the range once a month and asked if he trained often or if he relied on the annual or semi-annual qualification requirement as his only range time. He conceded that it was possible that some civilians might be more capable with their weapons than many LEOs.
The primary reason many LEOs don't know about open carry is that they're not exposed to it in either training or usual daily experience. The few LEOs I've asked about it in a friendly discussion on open carry have all thought it was simply a bad idea - not unlike many people in the CC world think. BTW one of them said that they don't object to civilians being armed as long as the civilians train with their weapons. I pointed out that I go to the range once a month and asked if he trained often or if he relied on the annual or semi-annual qualification requirement as his only range time. He conceded that it was possible that some civilians might be more capable with their weapons than many LEOs.
Dear tmlowe:
You are essentially wasting your time writing to these political hacks.
You will find it much more productive to spend your time and energy enrolling in my Open Carry class. This will show the world that you are serious about Open Carry, and that you are not one of those adolescents who simply love to talk about it.
After you successfully complete my class, just go out and Open Carry. Everywhere. All the time. Just make sure you carry the official Letter of Authorization that you will receive from me at the graduation ceremony.
Your personalized "Letter of Authorization" will bear my signature. None of those dirty coppers in this state will dare to defy my authority when it comes to Open Carry.
Your tasteless attempt at humor is not wanted in my thread. It is not my choice that I am not legally capable of CC. Believe me, I would much rather CC other OC. I do not have the choice though because I am only 20. Please keep your ******** out unless you have something productive to add.
My reason for writing the letters is because there have been many cases about people OC and being wrongfully arrested and having to go through court. Too much time and money spent. It would just be easier to get a letter stating the legality of it from an authoritative figure.
My reason for writing the letters is because there have been many cases about people OC and being wrongfully arrested and having to go through court. Too much time and money spent. It would just be easier to get a letter stating the legality of it from an authoritative figure.
You need to be a little more respectful if you truly want to attend my class.
Continued petulance may result in your being placed on the "Not Eligible For Training" list.
Today I forwarded that e-mail with a few edits to the AG office and got this reply
Mr. Tim Lowe, I will be checking on your request and try and get the correct answer for you. In my 35 years of law enforcement, that has always been a question that has come up. I was under the impression that as long as the gun was not concealed (open carry) this was not illegal, but 14:95 does not specify that.
It does present a problem for civilians as well as police officers when confronting this situation. I will try and clarify your question and get back with you. Do not take this reply as a yes. If you would like, you can call me at my office # below, and we can discuss it further. Thanks, R.E.
He also CC it to Libby Noto and Richard Thompson (whoever they may be)
Mr. Tim Lowe, I will be checking on your request and try and get the correct answer for you. In my 35 years of law enforcement, that has always been a question that has come up. I was under the impression that as long as the gun was not concealed (open carry) this was not illegal, but 14:95 does not specify that.
It does present a problem for civilians as well as police officers when confronting this situation. I will try and clarify your question and get back with you. Do not take this reply as a yes. If you would like, you can call me at my office # below, and we can discuss it further. Thanks, R.E.
He also CC it to Libby Noto and Richard Thompson (whoever they may be)
Assuming its the same guy, I met Richard Thompson a few years ago (pre Katrina) when our caving group was getting started. He was involved with an Explorer group (somewhere between Boyscouts and Outward Bound). I didn't know at the time (or I forgot?) he was an attorney, I guess it never came up. I looked at his webpage ( http://www.thompson-lawfirm.lawoffice.com/attorneys.shtml/1689722_1) and found his affiliations to the NSS and SCC (Southeast Cave Conservancy). Honestly, I don't know why he would have been included based on his case history. Most of his cases are personal injury. I don't see any firearms law related cases at all. Maybe it was a personal association?
Anyway, if you would like, I can email him (at his home address, not the office for what that's worth) and express an interest in the outcome of the letter. I don't know if it would help, hurt, or be ineffective at this point, but I would be willing to try, so I leave it up to you...
PS Libby Noto, according to Yahoo, is with the AG's office.
Anyway, if you would like, I can email him (at his home address, not the office for what that's worth) and express an interest in the outcome of the letter. I don't know if it would help, hurt, or be ineffective at this point, but I would be willing to try, so I leave it up to you...
PS Libby Noto, according to Yahoo, is with the AG's office.
IIRC, The AG can't give legal opinions to private citizens. He's supposed to give them to any elected or appointed official in the state. His opinions do not have the force of law, and are meant to provide guidance to officials; but most opinions provide quotes from applicable law and/or State Supreme Court decisions. Look around here a bit and you'll probably come across Billy Guste's AG opinion that quotes State v. Fluker in which the LASC ruled open carry was legal.
Also wanted to throw in here to the discussion...
Tonight when I went to go pick up my 92, I asked the cop I bought it from and he said something about OC being stated illegal in some statute about possession of a deadly weapon...
I have never read anything about that. Can I get some help finding that statute so I can see it?
Tonight when I went to go pick up my 92, I asked the cop I bought it from and he said something about OC being stated illegal in some statute about possession of a deadly weapon...
I have never read anything about that. Can I get some help finding that statute so I can see it?
there is no such statute, in fact that doesn't even make any since.... once again, if cops knew the law like some of them think they do, then they would be lawyers and not cops.
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Age doesn't matter - precedent does. You seem to be making a very common mistake that people often do in legal matters - not taking the win when you get it.
My Mom, may she rest in peace, was like that. She went to court to fight a traffic ticket and was incensed when the charges were dismissed because the cop didn't show up. She was about to demand to have her day in court to fight when my Dad told her the wisdom of taking a legal victory any way you can, and then getting the heck out of the courtroom.
Also, keep in mind that it's not the AG's opinion that holds legal sway, it's the Supreme Court decision he cited in the opinion. It's very rare that a State Supreme Court precedent gets revisited; even rarer that one gets overturned. Be happy that we have an apparent rock-solid precedent.
