View Single Post
Old March 4, 2013, 03:12 PM   #36
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by Al Norris
...if, as Frank says, the E Check has been upheld in a CA court, the "B" Check will be upheld on the same grounds. No difference in wording, other than the renumbering of the CA codes...
Except, if my recollection is correct (I wish I could find the case), the "E" check was upheld in state court. A "B" check might not survive a properly framed, full on Fourth Amendment challenge in federal court (one could hope).

Addendum:

My recollection was correct. The case was People v. Delong, 11 Cal.App.3d 786, 90 Cal.Rptr. 193 (Cal.App. 1 Dist., 1970).

I need to go out, but will look further at the case when I have a chance.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
 
Page generated in 0.02138 seconds with 8 queries