Monday, October 8, 2012

California Gun Owner Arrested for Having the Gun in his Car

Local news reports

A Vallejo man was arrested early Saturday for keeping a loaded gun in his car.

An officer stopped the vehicle at about 1:25 a.m. for a traffic violation, then called emergency backup after seeing a gun in plain view in the car's seat pocket, police said.

Responding officers detained the man and discovered the gun was loaded, police said.

Officers subsequently arrested Joshua Duke, 24, of Vallejo. The gun was registered to him, police said.
If I were the judge and the "one strike you're out" rule were in effect, I might suspend the sentence and let the guy off with a warning.

His crime was not as bad as the man who fails to safely store his weapon at home and thereby makes its theft easier.  This gun was in the control of its owner.

I'd recommend leniency.

What's your opinion?  Please leave a comment.

8 comments:

  1. Yes, if people take their firearms with them, then no one can steal them from homes. This is why I want to keep my handgun safely in its holster on my hip while I am awake. No one (especially children) can find it and harm themselves while at home. And no one can steal it from my home when I am away.

    It's too bad that many states criminalize such actions.

    ReplyDelete
  2. Mikeb, this wasn't an accident or negligent discharge, so your--and it's only yours, since no one else uses it--one strike rule doesn't apply. It was a person with his property in his property. There should be no charge at all.

    ReplyDelete
    Replies
    1. He broke the law, Greg. This has to be dealt with in some way. I can see leniency but a second and third offense might warrant the full book.

      Delete
  3. Do you mean you wouldn't take away his gun rights for life, or that your warning would only apply dropping criminal charges so long as you get to take away his guns?

    ReplyDelete
    Replies
    1. A guy like this might not even lose his gun rights. In spite of what you guys often say about me, I'm in favor of due process and recognize that not all infractions merit the maximum sanction.

      Delete
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