patching...
Welcome back, Patch Blogger!

Whose Right to Bear Arms?

Livermore man practices open carry, takes issue with police inspecting his pistol.

 

Walter Stanley has practiced "open carry" for more than a year.

The 30-year-old walks around town with an unloaded Springfield 9mm pistol holstered on the right side of his hip and two loaded magazines clipped to the left.

While he says he openly carries a weapon to protect himself, Stanley also arms himself with a pocket video recorder and an impressive understanding of California law as it applies to bearing firearms in public.

Why?

To ensure his rights are not violated when cops stop him to perform what Stanley calls a "12031 (e)" -- the California law that allows an officer to check if a firearm carried in public is loaded.

Stanley belongs to Bay Area Open Carry, a local group that is part of the California Open Carry movement.

He takes pride in exercising his legal right to carry an unloaded gun openly.

Admittedly, Stanley doesn't take well to authority.

So, when a Livermore police officer grabbing coffee Wednesday at the downtown Starbucks on First Street noticed Stanley and his weapon, a tiny scene followed.

"Open carry?" officer Ryan Kiefer asked Stanley.

But before he could get near Stanley — who was using a laptop at a table near the coffee shop entrance — to check whether the weapon was loaded, Kiefer was met with a whirlwind of legal rights and facts.

He'd unknowingly signed up for Open Carry 101. Class was in session.

"If you plan to violate my right to secure my personal property by attempting to perform the 12031 (e) inspection, be advised my compliance is done in protest and duress," Stanley said to Kiefer.

Here's how the conversation went:

Stanley: Are you familiar with your department's open-carry policy?

Kiefer: Yes sir. You're not being detained or anything like that.

Stanley: Are you going to violate my right by attempting to perform a 12031 (e) inspection? You're only authorized to do it, you're not mandated. You know that?

Kiefer called for assistance. Another officer showed up, followed by Sgt. Jason Boberg.

Stanley and Boberg know each other. They've had previous run-ins when Boberg checked Stanley's pistol to ensure it was unloaded.

And they disagree on how to interpret the law.

Stanley states firmly that officers are not required by law to check his firearm.

"They are only authorized," he says, "so they don't have to do it."

However, Boberg said police have the authority to inspect a weapon anytime to make sure the owner is in compliance with the law.

"We don't know what people's intentions are and we can't make generalizations that people with guns are safe," Boberg said. "But at the same time, we are not saying they are criminals. We are just doing our job."

Kiefer evenutally inspected Stanley's pistol, which was unloaded.

At least one person in the coffee shop appeared more relaxed after the inspection was completed.

"I do feel much more comfortable knowing that it's unloaded," a Starbucks employee told police.

Be sure to view the video footage of officers inspecting Stanley's pistol.

About this column: Sometimes the story falls into our laps here at Livermore Patch. This segment is a collection of spontaneous observations around town and story ideas submitted by residents. Do you have a story idea? Let me know via e-mail: kristofer.noceda@patch.com Related Topics: Firearms, Guns, Open Carry, and Police

Charlie Bean

12:17 pm on Thursday, January 6, 2011

Reading this article and a bit about the individual only reminded me that there is a 'time and place' for everything. The 'right to bear arms' or 'open carry' is a valid point, but there is an appropriate time and place for doing so. I got the impression this individual pused the point more than he needed to. He seems like the kind of person who does consider what his actions may bring on to himself or others. Again.'open carry' of firearms is a right, but there is a time and place.

pete robinson

1:20 pm on Thursday, January 6, 2011

I think every American not a felon should have the right to carry their weapon openly, and not just that, but that it should be loaded, although charging the weapon could be open to debate.

Comment_arrow

Tony Heaton

11:40 am on Friday, January 7, 2011

I think every American not incarcerated does have the right to carry firearms as they see fit. If someone is to dangerous to carry a firearm they are too dangerous to be loose in the public. Shall not be infringed is really not hard to understand. It's not like it's coded or encrypted.

Comment_arrow

John B

11:54 am on Friday, January 7, 2011

Agreed. Everywhere the right to carry is allowed, crime has plummeted. More guns in the hands of the law abiding does equal less crime...

Comment_arrow

Josh Daugherty

6:19 pm on Monday, January 10, 2011

I think it's despicable that we treat felons like 2nd class citizens. They use the fear of people who have committed crimes in the past to trample on our rights. We should never take away people's right for any reason.

H Green

1:27 pm on Thursday, January 6, 2011

What if we replaced firearm with car with regards to this e-check?

How would people feel if police now had the ability to check the insides of your car to make sure nothing "illegal" was present at any time they wanted? Yet driving a car is not a constitutionally protected right, like carrying a firearm for self-defense.

Comment_arrow

william Archibald

8:22 am on Friday, January 7, 2011

they might as well they are taking our rights away each year also they think that we the american people dont know the laws as far as there concern we have no rights but if you get pulled over they will tell you the law you broke then they will tell you. you should know the laws like talking on your cellphone we get a ticket but the police can drive around in there patrol vehicles talking on cellphones they break laws just because they are the police and I will bet each off duty officer carrys a fire arm why for protection Im telling you the laws suck

Comment_arrow

Tony Heaton

9:00 am on Friday, January 7, 2011

Driving itself is a right. Driving on postal roads is not. The Constitution gives the federal government the authority over postal roads so they can control what happens on those roads. States have become so enamored of sucking on the teat of the federal government that all roads have become postal roads. Even so, the fed is still prohibited from searching without warrant so I hope people would resist attempts to allow random searches. It does give me pause that people have accepted "DWI road blocks", which are nothing more than fishing expeditions. Especially since they usually end up arresting people for things other than DWI.

onedavetoomany

3:22 pm on Thursday, January 6, 2011

The for-profit corporation A.K.A the Livermore PD wants to have a monopoly on the ability to exercise a fundamental right.

Comment_arrow

Josh Daugherty

6:22 pm on Monday, January 10, 2011

amen haha. that's all the police care about is making the state money

MEADS

4:18 pm on Thursday, January 6, 2011

The Po Po need to be more lax on this issue or be prepared with proper training in requesting our cooperation with the law. They really make themselves look stupid.

Charles E. Nichols

5:15 pm on Thursday, January 6, 2011

Last year, in US v PETER VONGXAY, the 9th Circuit Court of Appeals held that the paragraph of the Heller decision which cites State v. Chandler and Nunn v. State IS NOT meaningless dicta as the defendant contended.

In the words of the US Supreme Court "In State v. Chandler, (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”

Justice Scalia went on to say in the opinion of the Court "In Nunn v. State, the Georgia Supreme Court construed the Second Amendment as protecting the “natural right of self-defence” and therefore struck down a ban on carrying pistols openly."

California is the only state which requires that firearms carried for the purpose of self-defense be unloaded. That law did not exist before July of 1967. Anyone who thinks the current US Supreme Court will uphold the California law has been partaking of way too much medicinal marijuana.

Tony Heaton

8:41 am on Friday, January 7, 2011

"We don't know what people's intentions are and we can't make generalizations that people with guns are safe," Boberg said.

We don't know the intentions of police officers so we should be able to detain them and check to make sure their firearms are unloaded. Before you say that police officers should be treated differently you should found out how many officers are charged with crimes everyday. There are roughly 800,000 law enforcement officers in the country. I see about an average of 3 officers being charged a day. This is all anecdotal and I don't have hard facts but I would guess that as a group, police officers commit more crime per capita than the general public.

Matt

11:34 am on Friday, January 7, 2011

In Wisconsin we have Open Carry, and I have been practicing Open Carry for the last year and a half. The difference is my side arm is loaded and condition 1 (full magazine and 1 round in the chamber and safety on). I am much safer and the local police are getting use to it. The bad guys are carrying concealed (Illegally) and the cops know it. When CCW passes in Wisconsin (it will get done this year) I will still open carry when convenient. Carry On! :o)

John B

11:52 am on Friday, January 7, 2011

The laws against LAW ABIDING citizens from carrying are essentially laws against law abiding citizens from protecting themselves. Only the law abiding follow these laws, criminals don't. They are still carrying and they use these weapons ...against the law abiding.

Why would the person in this story be more comfortable knowing it is unloaded, carried by someone who is not going to use it for nefarious purposes? Is that person ok with the criminal carrying it concealed, someone who WILL use it to do harm?

"A fear of weapons is a sign of retarded sexual and emotional maturity." --Sigmund Freud

Olderman

1:00 pm on Friday, January 7, 2011

As with all else, carrying a weapon is a personal choice. The armed condition of the weapon is of no consequence. What is of consequence is what happens, intentional or unintentional, and the attending legal and social consequences.

What bothers me is the continual harrassment. In the above article, the police are familiar with Mr. Stanley via Sgt. Boberg. Without regard to Sgt. Boberg's personal opinion of Mr. Stanley, Mr. Stanley had in the past and was then in compliance with the law. Sgt. Boberg knew this, yet insisted that the weapon be inspected. In all respects that matter, this continual inspection and consequential detaining of Mr. Stanley on a continual and ongoing basis is essentially harrassment.

At what point will someone who chooses to carry have his/her own 'personal' policeman following them around to check for compliance of the law every so many minutes????

Comment_arrow

Tony Heaton

1:21 pm on Friday, January 7, 2011

This is what happens when you have a majority of the citizenry that refuses to stand against Tyranny. Martin Niemöller said it best:

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn't a Jew.

When they came for me,
there was no one left to speak out.

Starman

1:41 pm on Friday, January 7, 2011

When the tyrants came for the people,
I stood up.
They killed me.

Mike

2:13 pm on Friday, January 7, 2011

This is why I'm glad I don't live in the People's Republic of Kalifornia.

Rebecca Most-Reinfeld

6:24 am on Saturday, January 8, 2011

Those who need to prove themselves by open carry, which is only done to intimidate those around them, do not have my support in anyway. They seem to be in a state of eternal adolescence. They are not confident enough so they need an outward sign of strength. If that is what you need go for it. I fear these people way more that I fear any criminal because adolescents act on impulse not good sense. Who knows when these ubercitizens will consider me a threat and shoot me dead for any reason that they deem threatening. I feel sorry for any one that lives in a world that they see threats around every corner. Where is their Christian faith this country likes to spout out about?

Comment_arrow

Tony Heaton

1:03 pm on Saturday, January 8, 2011

Those who need to prove themselves by posing on a website, which is only done to intimidate those around them, do not have my support in anyway.

Those who need to prove themselves by having a lawyer present before questioning, which is only done to intimidate the police around them, do not have my support in anyway.

Ad infinitum.

The "ubercitizen" will consider you a threat when you try to harm them or their family or you try to steal from them. If you don't do this, you have nothing to worry about from those citizens who carry firearms. According to a study done by Dave Kopel of the Independence Institute shows you are more likely to be accidentally shot by a police officer than you are by a citizen. Firearms are used around 2.5 million times a year to prevent crimes. Would you have there be 2.5 million crimes each year by having people disarmed? Yes, I'm sure you would to satisfy your irrational dislike of firearms. A tool that is far less likely to kill you than the automobile. Far less likely to kill you than a doctor. But enough with facts, I'll let you get back to your irrational emotion.

Comment_arrow

Charles E. Nichols

6:22 pm on Saturday, January 8, 2011

Psychiatrist Sarah Thompson, M.D, wrote an interesting series of articles explaining the psychological processes of people like Rebecca Most-Reinfeld.

Here is an excerpt in response to a very similar email Dr Thompson received.

"How does my correspondent "know" that his neighbors would murder him if they had guns? He doesn't. What he was really saying was that if he had a gun, he might murder his neighbors if he had a bad day, or if they took his parking space, or played their stereos too loud. This is an example of what mental health professionals call projection - unconsciously projecting one's own unacceptable feelings onto other people, so that one doesn't have to own them.[3] In some cases, the intolerable feelings are projected not onto a person, but onto an inanimate object, such as a gun,[4] so that the projector believes the gun itself will murder him."

Raging Against Self Defense - A Psychiatrist Examines The Anti-Gun Mentality
By Sarah Thompson, M.D.
http://www.buckeyefirearms.org/Raging-Against-Self-Defense

Comment_arrow

Patrick E Guevara

12:21 am on Tuesday, January 11, 2011

@rebecca - Have you considered that some of us have no choice but to exercise our right to bear arms openly? Under existing California law, such a permit is at the complete discretion of local law enforcement agencies, which, in some jurisdictions, means permits are not issued at all.

lamont schusse

3:03 pm on Saturday, January 8, 2011

i agree that if you are not a felon, you have the right to open carry. i just got my open carry permit & guard card. it was'nt easy. it appears certain misdeamnors can disqualify you. i kept on the state through telephone calls and letters. i wonder does that affect my ability to open carry ?

lamont schusse

8:05 pm on Saturday, January 8, 2011

to Matt from the great state of wisconsin..........other localities are looking better to live all the time........to rebecca, i would think that god not only helps those that will help themselves, but will also protect those who protect themselves. i go to chicago a lot. the south side to be exact. take if from me, with out me sharing anything anecdotal, that not all situations when one has to protect themselves in the streets against those that "will" do you harm, have to end up in an orgy of gun fire or dramatic brandishing of a weapon, if you have invested the time & money in combat pistol defense training and posses a skill @ arms. one becomes confident and humble @ the same time.

Rebecca Most-Reinfeld

8:30 am on Sunday, January 9, 2011

The tobacco companies also found scientists and other experts to explain to the public that their product was no causing harm Anyone can set themselves up as an expert. I have spent a long life in cities and rural areas and not once have I ever felt the need to kill anyone. What I do feel sad about is we have returned to a society that seems that the only solution is to threaten someone with a weapon. A grew up in a home with firearms. I am not anti-gun. But they were never used to threaten. They were used to hunt and we were all taught to treat them with respect because no matter how justified , we never wanted to take another human life. We were never allowed to be the judge and jury of any one. To those who say firearms are never discharged by mistake have been not reading all the news. It happens all the time. Training does help. But all who receive these permits are not trained. Do you really want to live in a society that the only way to get along with those around you is the force of weapon? If that makes me the subject of some psycho babble so be it.

Comment_arrow

Tony Heaton

9:42 am on Sunday, January 9, 2011

The hyphenated name tells us all we need to know about you.

Comment_arrow

David O'Hare

12:40 am on Tuesday, January 11, 2011

Ok first tobacco and firearms are not the same. You cant hinder your health after continued use of a firearm. Maybe your hearing but thats it. Second have you ever been in a life threatening situation? A kill of be killed? Third Open carry is not a treat on anyones life, we are not pointing our firearms at anyone with the intent to kill. And fourth you have the right to protect your life and if your life is threatened by another person you have the right kill them so they don't kill you. If you feel that someone is threatening you by walking around with a firearm, and in California an unloaded firearm, then you have other issues I think you need to take care of.

Comment_arrow

Charles E. Nichols

1:04 am on Tuesday, January 11, 2011

The 1964 Surgeon General Report on tobacco use found that pipe and cigar smokers lived, on average, 20% longer than non-smokers. This is the same government crony we have to thank for the warnings on cigarette cartons. Obviously, he was just a tool of the tobacco companies.

Prior to July of 1967, it was legal to openly carry loaded firearms just about anywhere, including inside of the California State Capitol.

If the 26 men who carried firearms into the Capitol weren't black, militant and Marxist, we would not be having this conversation today.

So persons who are upset by seeing someone openly carrying a firearm should perform a reality check on themselves. Perhaps even seek professional help for treatment of their phobia or other mental defect.

The same can be said of the anti-smoking zealots. The carcinogens put out by their automobile, from a single tank of gas, are greater than those put out by a tobacco smoker in his entire lifetime.

Guns or tobacco, it doesn't matter, there will always be neurotics out there willing to obsess about anything.

George Anich

9:39 am on Sunday, January 9, 2011

I don't know when Livermore became such a dangerous place that folks like Mr. Stanley believe they now need to make a public show of protecting themselves by displaying their weapon. The consequences of Mr. Stanley's demonstration of fear or, perhaps, just exuberant display of rights, is that many ordinary citizens walking around feel less safe because of it. Is that what we want in Livernmore? Or Tucson?, or anywhere else?

George Anich

Toni Barbera

10:06 am on Sunday, January 9, 2011

How long would it take to load a gun? I would imagine in a life threatening emergency, you'd be dead before you could. So the purpose of carrying this unloaded weapon is what? Bravado?
Fear? Exercising the right to do so? As a non carrying weapon person, I would feel quite threatened by anyone openly carrying. How do I know their intent? And do I have the right to
ask them to show me their weapon is not loaded? I feel my right to feel secure is theatened.
Another debate here is IF this young man looked lug a thug, and not clean cut and high tech savy, would our profiling fear kick in? How would we react if he were wearing a colored bandana on his head and pants down around his knees- wouldn't you run for cover?
Personally, I would leave an establishment if anyone other than true law enforcement
were openly showing a weapon, because there is no way of knowing if the weapon is loaded
and if the person is unhinged. Just having the need to open carry shows me how he thinks.

Comment_arrow

David O'Hare

6:03 pm on Monday, January 10, 2011

"I feel my right to feel secure is threatened." First you have a right to be secure (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures). How does someone who is open carrying hinder your right from unreasonable searches and seizures? As for your concern about the ability to use the firearm in a life threatening situation. Yes having your firearm unloaded puts you at a disadvantage but that is because of the State and not personal choice. This is what the open carry movement in California is trying to over turn. Also this law was put into place because of a raciest law to stop the Black Panthers from carrying loaded firearms.

Now what is the difference if someone is carrying openly or concealed? Would you rather everyone carry concealed? Would that make you feel safer. If so please wire your state representative and tell them to make concealed carry easier to do for a law abiding citizen.

One last note for those who say that open carrying is just a exuberant display of rights. If you do not express your rights you will lose them. This is why the open carry movement is getting so much attention, because the state keeps enacting laws against our right to keep and bear arms!

lamont schusse

11:36 am on Sunday, January 9, 2011

dear barbara.....you have bought up several important points, and i understand how you feel. since you brought up to our attention about people who look like gang bangers decided to open carry, how that would make you insecure, afraid even. you are or not as afraid of a clean cut white guy with a nice lap top in the same establishment as you, but you are still afraid or better said, "his actions tells you a lot on how he thinks." as a black man, i'm more afraid of the police when i get stopped (it still happens to me @62, even on my bicycle, but not as frequent). it would appear to me that your view point is all fear based. triggered by seeing a weapon openly carried by a citizen not in a uniform. to address your other concern on how effective it is to carry openly a unloaded side arm, i again understand your point. how useful or useless is it if you really needed to defend yourself ? a reasonable question by some one who has had "NO" firearms training @ all ! it also depends a lot on the scenerio that you "did not" offer. personally i would prefer to have our state be like other states & allow us to carry openly & loaded, but this ain't our reality here. in my training i suggest carrying without a mag in your self defense weapon, so when needed you can load, chamber in a matter of a second or 2 without handling an empty mag. i can, because i have trained and timed myself. whether if that would save my life or others, again depends on the scenerio ?

Philip Lizotte

8:19 pm on Monday, January 10, 2011

I support open-carry but have two concerns:
1 - How long will it take to remove an empty magazine and replace it with one with live ammo?
2 - Why carry with an empty magazine and force LE to remove your weapon for inspection when they could do it without the empty magazine in the pistol?

Comment_arrow

David O'Hare

9:28 pm on Monday, January 10, 2011

1. Depends on your training...I have not clocked myself but I know I need to practice.
2. Well this comes down to the law...some people say carry with an empty magazine because it completes the firearm and you wont be in violation of the law. Just a way to cover all your bases. I am not aware of anyone who has carried with no magazine in their gun and got harassed about it but some people would rather be safe then sorry. As for the speed in swapping out an empty magazine with a loaded one...releasing the magazine while grabbing a loaded one would not interfere with your load.

Please anyone else that wants to chime in to my response please do.

lamont schusse

10:56 pm on Monday, January 10, 2011

dave i responded to your post, but had problems logging in and lost the damm thing. i used all the alotted characters except 3. sorry i don't feel like trying to rack my tired brain to recover it. however i will send a post to THE SOUTH BAY OPEN CARRY group about the empty mag v. not having a mag in the weapon & being in violation of the open carry law. i have the open carry down loaded on my hard drive & will referance it again @ some point in time.

Comment_arrow

Charles E. Nichols

11:56 pm on Monday, January 10, 2011

Hi Lamont, make it attn: Charles Nichols

I should point out that California has convicted persons for openly carrying a loaded firearm in their homes and temporary residences. PC 12031(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.

The California courts have divined that "having" is not the same as carrying. Last year, the California Court of Appeals upheld a conviction of a man who had a loaded gun in the trailer connected to his van. He was convicted of carrying a loaded weapon concealed in public. The "concealed" being the drawer in the trailer. The "public" being the trailer. The court held that it did not matter whether the trailer is his temporary or permanent residence. If it is mobile, it is not a residence under the statute.

The Heller Court would not agree (this was a post-Heller decision). But the reality is, short of Federal injunctions (which the Open Carry movement should be vigorously pursuing) California cops, prosecutors and judges are going to continue on their merry little way.

lamont schusse

10:17 am on Tuesday, January 11, 2011

hi charles;
man that is real scarey ! just when you think that this crap can't get any more stupid, it does. i'm glad i am getting involved in this debate while still living in california. i'll also ask about this in a post on the SOUTH BAY OPEN CARRY groups board. thanks charles, i'm sure they probably know, but will see if they respond with anything tangible.

lamont schusse

10:37 am on Tuesday, January 11, 2011

attn; charles nichols again;
man i just re-read your post about the black panthers from 1967 & it being legal to carry openly a loaded fire arm anywhere in the state. from what i'm hearing on the news, you can still do that in arizona, even can conceal it ! :-) i wonder how the recent events will affect that liberty ?

i had just graduated from high school on the south side of chicago and remember that photo of these young afro wearing guys in leather jackets walking around with shot guns, etc; they were basically protesting how the police behavior/brutality was @ that time in the black community. i was a little behind the curve politcally & really did'nt understand what they were about. even with the killing of fred hampton on the west side of chicago. thanks for jolting my memory and connecting the dots in terms of california & its gun laws. almost as bad as chicago's were. now @ least you can own a side arm/hand gun as they like to call them now. for almost 30 yrs. it was illegal ! but you won't believe what you have to do to register the damm thing, fee's involved, being finger printed, even with a F.I.O.D. card, that you must possess 1st. !

i

Maureen

9:17 am on Thursday, January 13, 2011

Personally, If I saw a person with a visible firearm on them, I would feel much more comfortable knowing the police is monitoring them. One may have the right to bear arms, but I as a citizen also have the right to know that one bearing arms isn't suffering from mental illness and will use that gun against innocent bystanders.

I have to question why one has to prove such a point and I'm happy that LPD is monitoring to protect me and Livermore's citizens.

Comment_arrow

Tony Heaton

9:48 am on Thursday, January 13, 2011

First, you have no right to know what another citizen has on their person. You also have no right to know if they are mentally ill unless you are their medical care provider. You have no way of ever knowing the intentions of another person regardless of their mental status. If such intentions could be known wouldn't the law enforcement officers in AZ have done something about the shooter during their numerous encounters with him, including visits to his home? Unless you want to live in an Orwellian word, thought should never be a crime.

11% of officer involved shootings kill an innocent bystander while around 2% of citizen involved shootings kill an innocent bystander (independence institute) yet I bet you are comfortable with officers walking around with visible firearms on them.

Comment_arrow

David O'Hare

3:16 pm on Thursday, January 13, 2011

"but I as a citizen also have the right to know that one bearing arms isn't suffering from mental illness and will use that gun against innocent bystanders."

You do not have this right. You do not have the right to know someones health or know what they are going to do. We can never know what someone is going to do. You do however have the right to protect yourself, and that is what open carry is about. Since we cant Conceal Carry, which you would never know if someone was armed, we have to Unloaded Open Carry.

Also just a reminder to you, criminals do not open carry. They illegally conceal carry before they commit a felony... Think about that one for a minute. Now wouldn't you feel safer knowing that someone at your bank is armed with their gun in view? Wouldn't that gun also be a deterrent for that criminal to not go through with his robbery?

Comment_arrow

Tony Heaton

4:07 pm on Thursday, January 13, 2011

I've talked to several people like Maureen about the fact criminals don't carry their firearms in the open. When you tell them they could have been in line at the bank or grocery store next to a criminal with a firearm their eyes just glaze over. They never think, they just use emotion to run their lives.

Comment_arrow

Patrick E Guevara

6:57 pm on Thursday, January 13, 2011

Benjamin Franklin provided a very insightful response to @Maureen: "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." While I can understand many fellow citizens' basic need to feel secure in light of the Tucson shooting, the foundations of our country and the Constitution were never comfort or security. The foundations are liberty, self-determination, self-reliance, and balanced power not "temporary safety." As Tony pointed out, there is no such right in the Bill of Rights or at US common law to know about another person's mental illness. In comparison to European constitutions, the US has a more limited number of rights in our Constitution (e.g.: free speech, free association, to bear arms) because the founders' chose to create a country that prioritizes liberty and self-reliance over the safety that a more powerful government promises. The founders were wise to reject an over-broad constitution and centralized government. As history has long taught that a strong, centralized, unchecked government rarely, if ever, provides the promised safety. It does, in most cases, lead to tyranny. One of the most profound insight to human nature is "Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men." (generally attributed to a Lord Acton in 1887). The founders certainly understood this principle when they developed our Constitution.

lamont schusse

11:19 am on Thursday, January 13, 2011

well tony, it would appear maureen is another person with an irratonal fear of side arms. surely she has other issues in her personality & this is one of the ways they are manifested. however you have to admit even though we feel her fears in this her scenerial are unwarranted, you have to admit that the existing laws and inter connected agencies that could keep firearms out of the hands of people who are deemed mentally ill or have criminal records should not have a firearm of any kind. these agencies/law enforcement depts. have no way or have not invested the capital in making sure that when a person has multiple encounters with the law & school or work officals like the AZ. shooter, the information is there so he or she can not buy a firearm ! interesteing how the public discussion is turned away from this to less unrelated issuses like the size of the magizine, & cop killer bullets on the more progessive news networks. but this comes down to 'HEALTH CARE" especially for the mentally ill. thanks to reagan, they are all were given bus tickets to california and points S.W. ! we also have to change are attitude about mnetal health and those affected by mental illness. like Malcom X said after the Kennedy assination, "the chickens are comming home to roost".

lamont schusse

11:34 am on Thursday, January 13, 2011

attn tony H;
i found you point intereting. i would like to know where did you get your statsitical data about the 12% od police shootings & civilian envolved shootings. i personally don't think having more police is the cure all as every one thinks. they are necessary, and i do support law enforcement, but when i have been confronted by people, and i use that noun very loosely (thugs, drug users, gang bangers, or just your general sociopath) there was'nt a cop around ! i know that's a cliche', but i am "living" proof without going into details. also i think i am very progressive in my political views.

Comment_arrow

Tony Heaton

12:09 pm on Thursday, January 13, 2011

I found those facts on a document at gunfacts.org, http://www.gunfacts.info/pdfs/gun-facts/5.1/gun-facts-5.1-screen.pdf The original source is the Independence Institute. The document has thousands of referenced facts that prove the anti-gunners wrong on their points.

I also support the police but I don't believe the are the entire answer and they are surely not special compared to other citizens. I see dozens of newspaper reports weekly of officers being charged with crimes and most times they are violent crimes. I also will not give police officers anymore respect than a regular citizen. Respect is earned and not given.

Tim

1:19 pm on Thursday, January 13, 2011

Livermore has quite a vigorous open carry contingency. And yes there are some serious nasty parts of Livermore down around Livermore ave and chestnut come to mind. Gang killing there recntly. and that LPD knows this guy. great. just leave him alone this repeated harassment is worrisome to me as a Livermore resident. And to the posters above that question why carry ?
becuase its their right . thats all you nee dto know. And at this time in California unless you live in a rural county, and your not Sean Penn or a leftist anti gun politician, your chances of getting a CCW is effectively zero. and toteh posters who think that the cops are protcing you ? think again. Police have no legal obligation to protect you. They are however obligated to protect the government. Of course if i was carrying concealed you or the cops would never be the wiser and i may even save a life in an emergency. when seconds count the cops are only minutes away. i have refrained from as yet carrying openly any one of my guns becuase i dont want to be hassled. i will just take my chances.

Comment_arrow
Patch_comments_icon

Kristofer Noceda

1:27 pm on Thursday, January 13, 2011

Thanks for your comment, Tim. I do want to clarify one thing from your comment. You mention a gang killing recently in the Chestnut area. I have not heard of this and a call to police confirm no recent homicides. I still need to catch up with Chief Steve Sweeney, but in a chat with him a few months back Sweeney said there had been no no homicides to report in 2010.

But there has been a recent spike in gang activity. More on that in an article I will post up soon.

Comment_arrow

Tony Heaton

2:06 pm on Thursday, January 13, 2011

Maybe the police are less than honest in their dealings with the public?

Comment_arrow
Patch_comments_icon

Kristofer Noceda

2:22 pm on Thursday, January 13, 2011

Tony thanks for the link. The story refers to a crime suspected in October 2009.

Comment_arrow

lamont schusse

5:03 pm on Thursday, January 13, 2011

attn tim; your 1:19pm posting on jan.13, 2011.........
i met a security guard in culver city @ costco's with an empty holster. i asked him what's up with that ? now they don't even allow security guards to open carry ? can culver city do that in violation of state law ?

you are preaching to the choir pal when you say you support open carry. i do too, but like you i don't openly carry @ "this time" because of what that might curtail in terms of the venice police where i live. so i feel you about taking your chances ! (please be careful) however i just got my guard card & open carry permit ! i'd like to work part time for some one without going to a security guard company wearing some rent a cop uniform, and a badge that looks like you just got it out of a box of cracker jacks ! i don't want to play cops and robbers ! i don't hold the police in any special light either like Tony.

if anyone has any suggestions or feedback for me about this, please make it to ATTN: LAMONT i'd like to stay in this area. incidently i just found out that my neighbor got a ticket for smoking a cigerret on the grass area of ocean front walk (known as the venice strand) because it is a "state park"because it falls under the jurisdication of the state parks. one can not smoke in a state park ! so i imagine some type of draconian gun law would apply there too ? i live about 15ft. from that grassy area which is a state park.

Tony Heaton

2:31 pm on Thursday, January 13, 2011

oops, mistyped the date. Still recent in my opinion. I work a a somewhat sister city, Los Alamos, NM and we rarely have a murder.

Tony Heaton

2:32 pm on Thursday, January 13, 2011

not mistyped, misread. Time for a nap.

lamont schusse

10:57 am on Friday, January 14, 2011

attn patrick G;
dusting off the constitution & holding it up to a strong light appears to be very popular by all sides of our political spectrum these days. especially when a shooting like this occurs. so is the constitution a living document, that changes as we develope as a society/country or are we to live by it literally as these old & younger white dudes with land, property, and oh yeah i forgot some of them owned other people too wanted ! when the new republican congress wanted to give themeselves a civics intensive for all the world to see. they forgot the 3/5th clause ? YEAH, THOSE WERE THE GOOD OLE DAYS ! when black was black, & white was shite ! after all we do have some embarrassing stuff in our history and our binding documents. i don't know Pat, i'm not totally against what you said, it just appears a government for the people and by the people just ain't so anymore. welcome to corporate america. thanks to justice roberts & the supreme court, it's the law of the land now. but i digress.

Comment_arrow

Tony Heaton

8:19 pm on Sunday, January 16, 2011

The Constitution of the United States is not a living document. The words mean today the same they meant at the time of its ratification. Our founders were smart people. The gave us a mechanism to amend the Constitution through a well thought out process. This is the only way the supreme law of this country can be changed.

If you bring up the three-fifths clause, it is obvious you have no understanding of the history of that clause. I won't explain it to you any more than to say that the founders did not look at slaves as three-fifths of a person. They did it to assist in helping slavery become unlawful quicker.

Comment_arrow

Patrick E Guevara

9:00 pm on Sunday, January 16, 2011

@lamont

To add to Tony's point, the three-fifths clause (in Article 1, Section 2) was not "forgotten." It was invalidated by the 13th Amendment (banning slavery) and 14th Amendment, Section 2 (everyone has 1 vote). Since the 3/5 clause is no longer valid, why would it be read?

Also, I assume you use the term "living" to mean that the meaning of the Constitution ought to change according to the times. It's only "living" to the extent that it is amended according to Article 5 (requiring ratification by 3/4 of the States). That's what happened with the slavery issue was resolved. Unless it is amended, the Constitution does not change. It means what it says. If the language is not straightforward, then the US Supreme Court interprets its meaning according to the legislative intent based on history (as the Court did with the 2d and 14th Amendments in great detail in Heller and McDonald).

The purpose of a written Constitution (to protect all people from the whims of a tyrant, an oligarchy, or even a tyrannical majority) would be severely undermined if the document was so easily changed.

Maureen

11:35 am on Friday, January 14, 2011

Gentlemen,

I can assure you that I do not have irrational fears nor am I an irrational person. You are correct that I have no right to know if one is mentally ill. There are good and bad people everywhere, in every race, culture, career & religion. One doesn't always know who we should fear or trust. We just trust our instincts.

I absolutely respect your right to bear arms & open carry. I am a previous gun owner myself & I love to shoot.

These aren't the old western days and one isn't subjected to seeing one open carry in our community. I stated that I feel much better knowing that the police are monitoring people who open carry. I also felt much more safe when LPD had a gang task force before cuts were made.

I will respectfully refer to George Anich's reply;

"I don't know when Livermore became such a dangerous place that folks like Mr. Stanley believe they now need to make a public show of protecting themselves by displaying their weapon. The consequences of Mr. Stanley's demonstration of fear or, perhaps, just exuberant display of rights, is that many ordinary citizens walking around feel less safe because of it. Is that what we want in Livernmore? Or Tucson?, or anywhere else?"

I don't know if Mr. Stanley is being harassed by LPD or if LPD is protecting the citizen's who see Mr. Stanley open carry. I'm just stating that I have never seen one open carry in public and if I did, I would feel better knowing they are abiding by the law.

lamont schusse

11:46 am on Friday, January 14, 2011

attn maureen;
interesting reply maureen. it appears you have tempered your view just a little. i have to agree with you on one thing that people who are mentally ill should not posses a fire arm. that is about as far as i go in terms of gun restrictions. also perhaps @ gun shows that licensed vendors should be able to do back ground checks instantly in people wanting to purchase firearms. the loop hole needs to be looked at again rationally.

lamont schusse

11:53 am on Friday, January 14, 2011

attn Tony H;
the damm police just got through shooting a young black man in playa vista early this morning. he was necked, did'nt pay his cab fair, the police several fought with him, but decided to put 2 rounds in him instead of using a non leathal rememedy. i hope these cops go to jail. i have had dinner and cocktails in that area, and i'm very disturbed by this. i hope all you that read this feel as horrified as you felt as the tucson shooting. this happens by the police way too much, and i'm getting really feed up with these cowards in uniforms not doing their jobs responsibly.

Comment_arrow

Tony Heaton

8:41 pm on Sunday, January 16, 2011

It's sad but police don't seem to be held to the same standard as we serfs when they should be held to a higher standard. Rarely do they face the same charges as others do.

No knock warrants are Unconstitutional, unnecessary and kill innocent people at an alarming rate. Drug dealers are not as heavily armed as we are lead to believe. They know the penalty for killing a cop is high and doing so would be a last resort.

Until we citizens start pushing back against the abuses of our governments we will continue to lose liberty. At some point it becomes to late to have a peaceful return to the republican form of government that our Constitution guarantees.

David O'Hare

10:22 pm on Sunday, January 16, 2011

First they came for the Socialists, and I did not speak out --
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out --
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out --
Because I was not a Jew.
Then they came for me -- and there was no one left to speak for me.

http://www.youtube.com/watch?v=m68lUe40nXI

lamont schusse

11:15 am on Monday, January 17, 2011

to tony & pat;
thanks pat for not giving up on me like my man tony did, & not fully "explaining" to me what the 3/5ths clause ment in terms of a rememdy for slavery. congressman jackson (jesse jackson's son) asked if the were going to read the part about the 3/5ths. clause pat. i thought @ the time when he presented that question that it seemed appropriate, and still do dispite it being amended.

i sincerely appreciate you taking the time and presenting a well thought out response to my posting. this should show that most of the people that participate in this group, even though we might disagree and have some different views on issues, can still discuss them in a manner that is instructive, & informing. thanks for the civics up date !

Robert

8:49 pm on Friday, January 28, 2011

I'm sorry, but while I agree with the right to bear arms, but the jerk in this video should've been arrested on the grounds that he's shooting his mouth off. This guy was part of a live tv news report awhile back. The fact that this loser is coping an attitude with LPD should have been probable cause to cuff and stuff him!

Comment_arrow

Dan

3:34 pm on Wednesday, May 18, 2011

Robert! This guy was doing nothing but clearly stating the facts to the police. He was well educated in what his rights are, and what authority the police had in this event. You never want to leave your rights in the hands of the police. This guy clearly knew his stuff and was not going too abused. This is the problem, this guy is a law abiding citizen minding his own business, the police know who he is and that he open carries, but the police are going to hassle him and demand that they perform the 12031e (NOT MANDATED) inspection with someone they know very well is obeying all the open carry rules. All of us that open carry should use him as a guide for talking with the police.

Comment_arrow

mike Grant

12:03 pm on Friday, May 27, 2011

Dan so now besides the right to bear arms you want the freedom of speach to be taken away! Then you would not be able to write your emails! leave it alone.

Dan

3:36 pm on Wednesday, May 18, 2011

I love seeing all these unfounded opinions of how “dangerous” open carry is because of all the things that someone “might” do. All these accusations of possible actions by others are unfounded and simply not true. I’ve been open carrying for quite some time now, and still have yet to have someone become “scared” or “irrational” due to them seeing the handgun on my side. Only a few times have I been asked about my sidearm, but have never caused any kind of unrest or “frightening” situation. Most of the time, my gun goes unnoticed. But when it’s seen, people rarely give it a second look. When people see me with a gun, I’m usually greeted with a normal “hello” and a smile. This may also be due to my kind and no offensive demeanor. I’ve have walked through my nice, clean rural town as well as the scary areas of Oakland, Fremont and Union City with my handgun, never a question, no “man with a gun” calls to the police or people running for their lives. AB144 supporters and those few people that just don’t like guns will always find creative ways to foster fear in those ill informed people of the public to simply push their agenda.

Patch_comments_icon

Kari Hulac

8:04 am on Friday, May 27, 2011

No profanity/name calling on Patch Robert. We'll delete this comment.

Comment_arrow

Robert

9:54 am on Friday, May 27, 2011

Kari-I apologize for the profanity. I am just frustrated by all the pats on the back this guy gets for the way he interacts with the police when he's contacted about his gun. While I'm all for the 'Right to Bear Arms', there's a right way and a wrong way to interact with the public, and with law enforcement. He chooses the wrong way EVERY TIME when he arrogantly cites the law with regards to open carry, and on VIDEO no less. If he'd act civil when he's contacted, understand that the officers are just doing their jobs, when dispatched to a 'person with a gun' call, LPD would probably leave him alone.
Again I apologize for the profanity

Ken Rovasio

11:24 am on Friday, May 27, 2011

I don't understand the issue Mr. Stanley has with the officer checking his gun. It took 5 seconds for the officer to verify it! If the law states he can open carry it, then let them check it for 5 seconds and move on. The officer wasn't profiling him, just verifying the gun wasn't loaded. I am all for the right to open carry, those people are not the threat! At least I know you have a gun and can choose my actions. Unfortunately, this issue will never be agreed on 100%. Stay saf in Livermore my friends and support Relay For Life of Livermore!

mike Grant

11:59 am on Friday, May 27, 2011

First off we should all carry a side arms to protect our selves in this state, just Look at the car jackings and other things going on. I feel that the law for a CCW should be left up to the local Mayor and not the county sheriff. In Dublin we do not let the our mayor make this call, only we have the county sheriff control the permits to be issued. Yet all police officers can carry off duty. Now what makes them any better at being safe than someone who shoots every week end at the local range? Lets talk about this little problem about firearms, back when we had a boob for a sheriff in the county by the name of plummer he had all them carry Glock 22 40's. He "Plumer" replaced them with sig's because of accidental discharges that hit them in the legs. So he " Plummer" spent some $200,000 or so of tax dollars replaceing the handguns for the entire department. This all came down to poor training, RULE #1 when your done shooting your finger comes off the trigger and goes along the slide, they the sheriff officers would reholster and BANG the gun would go off because the holster would contact the finger and in turn the trigger would be depressed. So why would we think that anyone who drives a patrol car would be qualified to shoot or carry a handgun and not the public? Only in California.
1650 KINGs had weapons and the peasants’ had none!

The editor has closed comments for this article.