Ccp Laws In California. - XDTalk Forums - Your HS2000/SA-XD Information Source!

bellyscraper · 06-19-2008, 10:46 AM

There is a thread in the xd-45acp discussion room about conceal carry permits. I found this in the California ccp-

Even after you have been cleared of criminal intent after a justifiable defense, you may face a civil suit from the assailant or their family. Most modifications to your carry weapon that are not factory options, made after removing it from the shipping box and before stopping the assailant, will be presented by their lawyer as having malicious intent. Lightened trigger pulls (less than 4lbs), whiz-bang night sights, laser sights and other tune-ups may be neat, but they may carry a price later on.

This is on the http://www.californiaconcealedcarry....article.html#1

This is something to think about before you decide to do anything to your pistol.

fritzmeister · 06-19-2008, 10:51 AM

I wonder if the same reasoning applies to vehicles that have been modified in any way from factory, that are involved in vehicular motor homicide?

Bill in San Jose · 06-19-2008, 10:55 AM

Quote:

Originally Posted by bellyscraper

Modified Firearms.

Even after you have been cleared of criminal intent after a justifiable defense, you may face a civil suit from the assailant or their family. Most modifications to your carry weapon that are not factory options, made after removing it from the shipping box and before stopping the assailant, will be presented by their lawyer as having malicious intent. Lightened trigger pulls (less than 4lbs), whiz-bang night sights, laser sights and other tune-ups may be neat, but they may carry a price later on.

This has been covered and discussed in depth (some may add ad-nauseum or beating-a-dead-horse) on a couple other threads on xdtalk. Everybody has an opinion.

I repeat a question I posted on the other threads: logic, experts, your neighbor, your gunsmith aside, can you provide a URL to a single account of somebody in California lawfully using a handgun in self-defense, no criminal charges being filed, and they went to court on a civil charge that was based on the modification/ upgrade to the weapon, and lost in a court of law? Yes, anything is indeed possible- who would think a Chicago minor-league ward politician 6 years ago would be the Democratic parties candidate for the presidency? I would like to read just one story, account, case history.

FYI, here is the CA DOJ summary on gun laws, including self defense. There is nothing mentioned about modifications of handguns in it, but it's interesting reading.

http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

We're on the same side

spamlovr · 06-19-2008, 09:48 PM

You can be sued for damn near anything. Think about that next time you want to leave the house.

exdee · 06-19-2008, 09:57 PM

Quote:

Originally Posted by bellyscraper

There is a thread in the xd-45acp discussion room about conceal carry permits. I found this in the California ccp-

Even after you have been cleared of criminal intent after a justifiable defense, you may face a civil suit from the assailant or their family. Most modifications to your carry weapon that are not factory options, made after removing it from the shipping box and before stopping the assailant, will be presented by their lawyer as having malicious intent. Lightened trigger pulls (less than 4lbs), whiz-bang night sights, laser sights and other tune-ups may be neat, but they may carry a price later on.

This is on the Concealed Firearm Carry Permit in California: Information Database

This is something to think about before you decide to do anything to your pistol.

Amen to the civil court thing...Just ask OJ

nickb · 06-19-2008, 10:29 PM

It's all fun and games until the sewers get involved. (yup, sewers = suers)

Criminal convictions require the judge or jury to believe beyond a reasonable doubt that you did it.

Civil matters require only a preponderance of the evidence that you did it.

Politics and economics now take over on a relative basis.

ForTehNguyen · 06-20-2008, 07:50 AM

utterly ridiculous

Bill in San Jose · 06-20-2008, 11:21 AM

Just one link guys, I want to read one link about somebody who got sued in court by the "victim" of a legal use of a firearm in self-defense in California, criminal charges were not filed, but the person was sued and lost as a result of professionally modifying their firearm with commercially-available after-market parts or accessories.

spamlovr · 06-20-2008, 11:33 PM

Quote:

Originally Posted by Bill in San Jose

Just one link guys, I want to read one link about somebody who got sued in court by the "victim" of a legal use of a firearm in self-defense in California, criminal charges were not filed, but the person was sued and lost as a result of professionally modifying their firearm with commercially-available after-market parts or accessories.

The "claim" I have heard about these cases is that someone is not sued solely on the basis of mods, ammo, or anything else other than "we can get them to settle for some amount of money, and they are usually settled out of court before a single bit of testimony is given, so no records.

I'd like to see a transcript, too, but it seems one doesn't exist.

robinsre · 06-20-2008, 11:50 PM

As I've said before. I challenge someone to provide evidence, a civil court case for wrongful death or injury, where a defendant has been sued and lost because of modifications to his firearm.

I think it's a lot of hype and no substance.

06-19-2008, 10:51 AM	#2
fritzmeister XDTalk 1K Member Join Date: Mar 2007 Location: southeast Nebraska Posts: 1,443	I wonder if the same reasoning applies to vehicles that have been modified in any way from factory, that are involved in vehicular motor homicide? __________________ ...to be truely happy in life, one must learn to embrace the recoil.....

06-19-2008, 09:48 PM	#4
spamlovr XDTalk 500 Member Join Date: Oct 2006 Location: Washougal, WA كافر Posts: 510	You can be sued for damn near anything. Think about that next time you want to leave the house. __________________ Memento Mori (Remember, you are mortal) When seconds count, the police are only minutes away! People who are pissed at the government have generally underestimated their neighbors. Ziltoid The Omniscient for Supreme World Ruler 2008: "I am so omniscient, if there were 2 omniscient beings in the omniverse, I would be both of them! Bring me your planet's finest cup of coffee!"

06-19-2008, 10:29 PM	#6
nickb XDTalk 2K Member Join Date: Jul 2006 Posts: 2,716	It's all fun and games until the sewers get involved. (yup, sewers = suers) Criminal convictions require the judge or jury to believe beyond a reasonable doubt that you did it. Civil matters require only a preponderance of the evidence that you did it. Politics and economics now take over on a relative basis. __________________ No PM sent..... But the average human can travel 21 feet in just about one second.

06-20-2008, 07:50 AM	#7
ForTehNguyen XDTalk 2K Member Join Date: Feb 2008 Location: Houston, Texas Posts: 2,134	utterly ridiculous __________________ XD9 Service Black XD9 Subcompact x 2 Kimber Tactical Custom II AR15 16" Midlength AR15 16" Carbine Tacticooled Lancaster AK47 Remington 870 12ga Express

06-20-2008, 11:21 AM	#8
Bill in San Jose XDTalk 1K Member Join Date: Jul 2007 Posts: 1,517	Just one link guys, I want to read one link about somebody who got sued in court by the "victim" of a legal use of a firearm in self-defense in California, criminal charges were not filed, but the person was sued and lost as a result of professionally modifying their firearm with commercially-available after-market parts or accessories. __________________ The truth be told, in all my years in the Capitol I have never met a legislator who harbors more contempt for the law-abiding firearm owner than does Barack Obama. Rich Pearson knows Barack Obama Served in the Illinois state capitol as chief lobbyist for the Illinois State Rifle Association. http://www.prnewswire.com/cgi-bin/st...4904149&EDATE=

06-19-2008, 10:46 AM	#1
bellyscraper XDTalk 100 Member Join Date: May 2008 Location: Santa Clarita, California Posts: 318	Ccp Laws In California. There is a thread in the xd-45acp discussion room about conceal carry permits. I found this in the California ccp- Even after you have been cleared of criminal intent after a justifiable defense, you may face a civil suit from the assailant or their family. Most modifications to your carry weapon that are not factory options, made after removing it from the shipping box and before stopping the assailant, will be presented by their lawyer as having malicious intent. Lightened trigger pulls (less than 4lbs), whiz-bang night sights, laser sights and other tune-ups may be neat, but they may carry a price later on. This is on the http://www.californiaconcealedcarry....article.html#1 This is something to think about before you decide to do anything to your pistol. __________________ WHERED IT GO !, IT'S ONLY A LITTLE LEAD.LETER SEE ,UP 40 CLICKS AND LEFT 20 CLICKS," OH DARN, I DUNO WHERE IT IS?

06-20-2008, 11:50 PM	#10
robinsre XDTalk 3K Member Join Date: Jul 2006 Location: Reno, NV Posts: 3,089	As I've said before. I challenge someone to provide evidence, a civil court case for wrongful death or injury, where a defendant has been sued and lost because of modifications to his firearm. I think it's a lot of hype and no substance. __________________ Zeroth law of thermodynamics : If you have 1 six pack of beer and your neighbor brings 4 beers over, you will each end up drinking only 5 beers. First law of thermodynamics : There's no such thing as a free beer. Second law of thermodynamics : Even if there was such thing as a free beer, you couldn't drink it all anyway. Third law of thermodynamics : As it gets colder, less people will want you to share your beer.

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