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Old November 21, 2012, 09:05 PM   #12
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,859
Quote:
Originally Posted by MLeake
I think the concern here, Al, is Bondi's wording that a permit is an "affirmative defense"...
There are a number of affirmative defenses, and the concept is well established. Here's the rub. The nature of an affirmative defense is such that the facts supporting it are generally most available to the subject.

If an LEO has a reasonably articulable suspicion that someone is carrying a concealed firearm, it appears to the LEO that prima facie a crime is being committed. If the subject has a CHL, a crime has not been committed; but the only ways to determine if the subject has a CHL are either to identify the subject and verify his license status by a record search or have the subject produce his valid CHL.

It will be interesting to see how the court handles the issue.
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