Looking for a CA incident...


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fjolnirsson
June 28, 2005, 09:44 PM
I'm trying to find a link to a letter written by the grandmother of those kids in CA who were killed with a pitchfork. As I recall, the kids were well trained in the use of firearms, but had none available due to CA's "lock up your safety" type laws.
Anybody remember this one?

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Pilgrim
June 28, 2005, 09:49 PM
This should give you a start.

In Merced, California, in August 2000, a pitchfork-wielding man attacked and murdered Jessica Carpenter's 7-year-old brother and 9-year-old sister while their parents were not home. Jessica's father kept a gun in the home that was, in accordance with California law, locked in a safe. According to the family, Jessica, age 14, is a very good shot, and had the gun not been securely stored, Jessica would have been able to retrieve it and use it to fend off the murderer.
The California mandatory gun-lock law helped kill two children in Merced.

dasmi
June 28, 2005, 10:03 PM
Whoa hold on. California mandates that you purchase a lock or safe at the time you purchase your gun. They do not mandate that it be locked up at all times.

Guns_and_Labs
June 28, 2005, 10:19 PM
They do not mandate that it be locked up at all times.

Well, kind of they do. From Cal DOJ:

Under the Children’s Firearm Accident Prevention Act of 1991, any person who keeps a
loaded firearm where a child obtains and improperly uses it, may be fined or sent to prison.
(Penal Code §§ 12035, 12036, 12071.)
To prevent unnecessary injury or death caused by improper storage of firearms in the home
where children (under age 18) are likely to be present, and to help prevent the possibility of
criminal prosecution, all firearms should be unloaded, locked with a trigger locking device
that renders the firearm inoperable, and stored in a locked container.
Ammunition should be stored in a location separate from the firearm. Other means of safe
storage include trigger locking devices, or locking firearm safes or cabinets. For
information on obtaining firearm safety devices or how they operate, contact a firearms
dealer, firearms club or association which promotes firearm safety training courses, the
manufacturer of such devices, or visit the Department of Justice Firearms Division website
at http://www.ag.ca.gov/firearms/certlist.htm.

fjolnirsson
June 28, 2005, 10:21 PM
Well, not at all times. However, according to the CA penal code, if Jessica had access to a firearm and used it against the intruder, her parents(or owner of said firearm)could have been charged. It would be a gross miscarriage, but the letter of the law allows for such charges. It's a bad law.

Here's the section:
California Penal Code, Section 12035 (Deering 1995) (enacted 1991):

(a) As used in this section, the following definitions shall apply:

1. "Locking device" means a device which temporarily prevents the firearm from functioning, and when applied to the firearm, renders the firearm inoperable.

2. "Loaded firearm" has the same meaning as set forth in subdivision (g) of Section 12031.

3. "Child" means a person under 16 years of age.

4. "Great bodily injury" has the same meaning as set forth in Section 12022.7.

5. "Locked container" has the same meaning as set forth in subdivision (d) of Section 12026.2.

(b) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm within any premise which is under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.

The "permission of the parent's" part is a little unclear, IMO. does that allow a blanket permission? Or must permission be given every time the kid shoots? Like most of CA's gun laws, very vague. And, of course, most people don't really know the law. Very few actually read the Penal code, and even fewer can decipher it....

Standing Wolf
June 29, 2005, 12:25 AM
It would be a gross miscarriage, but the letter of the law allows for such charges. It's a bad law.

There are many such laws in the People's Republic of California.

fjolnirsson
June 29, 2005, 12:43 AM
Quote:
It would be a gross miscarriage, but the letter of the law allows for such charges. It's a bad law.


There are many such laws in the People's Republic of California.

Ain't that the truth.

Hipster
July 4, 2005, 05:24 AM
The Mary Carpenter Letter -
http://www.grnc.org/mary_carpenter_letter.htm

Can'thavenuthingood
July 4, 2005, 12:56 PM
http://johnrlott.tripod.com/bna.html

"To prevent unnecessary injury or death caused by improper storage of firearms in the home"

Sounds like the firearm was improperly stored. If she had access, they may have survived.

If the child is defending her home, age does not matter.

Prosecution would depend on the zero tolerance zealot acting as district attorney.

Vick

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