CA:Hot home invasion; centerfire vs. pellet pistol...

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Buckskinner

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Man shoots, kills intruder
Botched home invasion leaves one man dead
By GEORGE B. SANCHEZ
The Salinas Californian

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RICHARD GREEN/THE SALINAS CALIFORNIAN
Monterey County Sheriff's Department Detective Tom Jenkins, front left, helps remove a body Monday after a shooting at a central Salinas apartment complex.

A Salinas man shot and killed one of three robbers who burst into his apartment, tied him up and ransacked his home early Monday morning, police said.

The man, whom police declined to name, somehow freed himself, retrieved his own gun and opened fire on Juan Herrera, 34, of Salinas, in his doorway, killing him. The two other robbers escaped and remained at large late Monday.

It was 5:48 a.m. when Herrera, along with a man and a woman, came to the front door of an upstairs unit at the Maple Terrace Apartments complex on the 700 block of East Romie Lane, Sgt. Mike Groves said.

The woman knocked at the door, and when nobody answered, the two men kicked it in, Groves said.

One of the three brandished a pellet-gun pistol, he said.

The robbers tied up the occupant, identified by neighbors as a college student in his 20s, and left him in a back room as they ransacked the apartment, Groves said.

After untying himself, the man got out his own handgun and fired several shots at Herrera's chest, police said.

"At least three shots were fired from his own handgun," Groves said.

Police are still investigating whether the home-invasion victim has a firearms license. Groves said it's unclear why the robbers targeted the man's apartment.

After the shooting, the occupant, who was not injured, ran across a parking lot and asked neighbors to call police, Groves said.

"I heard loud noises, and I heard a kid run up and down the street shouting 'Help,'" said Jeremiah Hurley, who was awakened by the commotion. "Then I heard the sirens."

"I can't believe they would do a home invasion that early in the morning," said Tammy Fischer, Hurley's roommate. "I figure I lived in the best neighborhood in Salinas."

Police arrived just after 6 a.m. and found Herrera's body sprawled across the stairwell that leads to the apartment where the robbery occurred.

Workers at a 24-hour answering service center at Maple Terrace apartments said they heard the commotion but thought it was a domestic disturbance.

"This stuff never happens around here," said Richard Ramirez, who lives in the neighborhood.

TO HELP: Anyone with information about Monday morning's home invasion is asked to call the Salinas Police Department's anonymous tip line at 775-4222.

Originally published Tuesday, March 23, 2004


NOTICE ANYTHING YOU DON'T LIKE?!!
The victim needs a firearms license? I don't think its necessary to to be licensed to have that pistol. It may be illegal to be in possession if not registered to him. Either way, its infuriating.
 
None of the "licensing" crap really matters. He is alive and he defended himself. I am sure some attorney, however, will file the obligatory "wrongful" death suit.

Could have been a California Nightcrawler (a must read Novella under Gun Discussions)
 
If a lawyer files a wrongful death claim against a college student seeking financial compensation, then said lawyer is truly dumb. Trying to get money from a college student is pure folly. If the college student is from out of state, state law requires that any handguns be reported to the DOJ.
 
CA registration

Dex,

If a person moves in from out of state, brings handguns with him, does he not need to register within a certain period of time?
 
If a lawyer files a wrongful death claim against a college student seeking financial compensation, then said lawyer is truly dumb. Trying to get money from a college student is pure folly. If the college student is from out of state, state law requires that any handguns be reported to the DOJ.
Suing a cllege student makes much more sense than suing somebody like me. I make 40,000 a year and probaly will never make appreciably more. But I make enough to defend myself in court.
A college student probably can't afford to defend hisself and you can attach his future earnings
 
firearms license?

:rolleyes:

CA says you need to "register" any handgun you move to CA with,but does NOTHING to inform you of this when you move here.
You would think they could at least put a sign up at DMV or something,maybe in the gun stores.:banghead:
 
Glad I'm in Utah.

Duty to retreat in my own house?! Yeah, my posterior!!!!

Hope it works out OK for the guy.
 
Don't charge the resident that defended himself and fry the criminals that broke into his apartment.

How can something this simple get botched up? I hope that the judges and the prosecuter's office don't send the resident with the gun to jail or find that he has to pay the criminal's relatives for wrongful death.

-Jim
 
Police are still investigating whether the home-invasion victim has a firearms license. Groves said it's unclear why the robbers targeted the man's apartment
That is the most important thing! Find out why this guy had a real gun in his house and what did he do to lure these young upstanding citizens into a trap in his house. :banghead: :banghead: :banghead:
 
I believe California residents are required by law to register hand guns. If the college student resides in another state, however, and is paying non-resident tuition, I believe he's exempt from the requirement.
 
Would it help for us (me) to contact the DA?

I don't know much about the "process".
I'd like to voice my support of the victim, assuming the story was relatively true, and not some drug deal gone bad or whatever...Ya never can tell...
 
Handgun registration in Cali takes place during the purchase/transfer process. Technically it’s not ‘registration’ per se and the state DOJ is supposed to purge the records after a certain period of time, but no one really believes that they do.

New residents have, I believe 30 days, after establishing residency, to 'register' their handguns. The DOJ actually calls it a 'report of handgun ownership'. Fill out the form, send it in with $14 and you're done. Oddly enough new residents can bring in handguns not on the 'approved' list.:rolleyes:

Form is available here for the morbidly curious. (second item on list).

Hope the guy doesn't get sued by the dead bad guys family. Sounds like a clean shoot though.
 
Suing a cllege student makes much more sense than suing somebody like me. I make 40,000 a year and probaly will never make appreciably more. But I make enough to defend myself in court. A college student probably can't afford to defend hisself and you can attach his future earnings

Judgment debtor student files bankruptcy, game over.

Pilgrim
 
CA says you need to "register" any handgun you move to CA with,but does NOTHING to inform you of this when you move here.

When I inherited a pistol from a deceased relative in AZ, I was told that registration was voluntary.
 
shooten-Nope, it is state law that requires you to report your handguns when you establish residency in the state, but the process is voluntary in that they can’t force you to do it, and, honestly, if you didn’t go through the reporting process, they really have no way of finding out, unless there is a situation in which PD has a need to run the serial number of your firearm to establish ownership- a very convoluted and complicated process that they are unlikely to pursue unless absolutely necessary.

edit- here's a direct link to the state DOJ site describing the law (Penal Code Section 12072(g)).
 
Get the HSC (Handgun Safety Certificate) booklet from your local dealer.

Its specific in the legal section on this question of permits, etc. I thought I was up to speed on the laws, but I learned a few things .

:what:

Its $0.50, and there are some real eye openers in it.

For Example:
If a LEO notices a gun case in your car, thats PC for search. He has the authority to determine that its unloaded and compliant with penal codes.:what: :uhoh: Lord help me if its a gun he doesn't like the looks of....
 
ANTI-GUN BIAS ALERT!!!

Anti-gun biased journalist alert.

Police are still investigating whether the home-invasion victim has a firearms license. Groves said it's unclear why the robbers targeted the man's apartment.

No one in the state of California requires a license for a firearm used inside of a home. This is just a sentence/paragraph designed to inculcate people to believe that they need a license in order to get a firearm. Its designed to turn people into subjects, and subordinate to the police. :cuss:

Who's got the email address of the author? He/she needs to get his inbox bombarded. :evil:
 
New residents have, I believe 30 days, after establishing residency, to 'register' their handguns.

Students who live part time in a state have not 'established residency'. Establishing residency is a specific legal requirment that has to be met. IF he is from out of state attending school he has likely NOT established residency in the State of California. Friend of mine went to school in Frisco for four years and never once was considered a 'resident' of california.
 
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