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Tuesday, 5 May 2020

is it illegal to walk down the street with military gear and an airsoft gun in a carrying case in ca?

Andra Oger: If all his guns were cased and out of sight, then it's not illegal and it sounds like a definite overreaction on the cops' part...However depending on what you mean by "military gear" it may not have been very sensible... If he was wearing a full BDU with vest/webbing and other stuff, then he was being plain stupid. The last thing you want to do when transporting guns home from a game is attract unnecessary attention - tac gear should be in a holdall and ideally swap the cammo jacket or shirt for a plain one (that way he doesn't look like some form of gun nut - plenty of people wear cammo jackets or pants, but very few will wear both together in general use)....Show more

Kaylee Schmittou: no but it is quite scary in a kinda dumb way. the police were probably being either crack heads or over pretective. i can see why they were consered but that wasn't a good way to react and i'm on ur sons side.

Freeman Rutkin: From the sounds of it, I'd say the cop! s were in the wrong. By military gear, I'm assuming military style fatigues and boots, and possibly a tac vest, and didn't have any conspicuous weapons. Now if he had a pistol in a holster or even a knife mounted to the vest (I know many players carry realistic looking plastic or rubber knives on their gear) then they may have had better reason. Now the gear might be suspicious, and I wouldn't fault the cops for checking it out, and I might have had my hand on my pistol in case, but actually drawn guns I'd say they were going overboard, though from my understanding California is not a very gun friendly state and the cops there are more anal about that kinda stuff.Not a lawyer but I'd think I would complain to the PD about the officers' behavior....Show more

Elden Dedon: Depends on the police report if there is any. If they saw the air soft gun and there reasonably believed that it was a real gun (I'm not sure about your son's but they can look very real,) or someone p! honed describing your son and said that this person believed h! e/she saw your son with the gun then yes they had the right to do draw their weapon without question. It would be reasonable to assume that your son was armed, your son was wearing military attire which, not to profile or anything, usually means some sort of training. Either official military training or backwoods anti-government militia training and therefore a very good chance being a very good shot. With their years on the force when they see a guitar case they could probably tell that what was in the case wasn't a guitar even if they couldn't tell that it was an air soft gun.All that said the reason they didn't shoot is because your son is because he didn't draw the gun on them, if the police wait long enough to draw their weapon until the other guy draws theirs then they could be dead. Obviously you aren't asking if a shooting is justifiable so your son cooperated and you aren't asking if any of these charges are justifiable so your son was probably let go after the wh! ole thing was explained. So to say is it illegal to walk down a street in military gear with a guitar case no, but I can't exactly see what you could do, you aren't going to win a case for harassment unless they continue to do this multiple times, you don't have a case for wrongful death/shooting because they only pulled guns and didn't fire, and honestly if I was walking by in full military gear down a main street with a guitar case with something that wasn't a guitar I'd hope that the police would ask me what was in it and If they thought it was a weapon I would hope they would protect themselves....Show more

Zora Mazzie: While the officers probally over reacted, as long as they though there could be even the smallest danger they can stop him, weapons drawn if necessary. Assuming your sons air soft gun had the propped markings showing it's not real, such as an bright colored barrel, they can't do anything other than stop him and make sure he wasn't dangerous; this c! ould mean they cuffed him and searched him. This would still be legal a! nd justified.As for the last part of your question, iv never head of any law against walking Dow the street with a guitar....Show more

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