Technically when you WRITE the ticket that is an “arrest” because you’re not free to leave, but that is not a real arrest-a real arrest is getting the bracelets and being booked at the county jail. They cannot book you in CA on an infraction offense.

Rogue- do me a favor, READ the Lago Vista case-just READ it before spouting off, it is NOT an infraction offense, it was a MISDEMEANOR offense that did not carry a jail term, just a $50 fine, you CAN arrest for a misdemenaor, not an infraction.

OK, I can’t teach you this over the internet, go take some Criminal Justice classes at your local JC, they can explain to you the difference between an infraction and misdemenaor.

You are correct, Ed. I suspect Donnelly didn’t get charged for carrying w/o a permit because he is one of the overlords. Trust me, if you were driving your car and a cop found a loaded weapon inside you would go to jail, your car would get towed and you would get charged for carrying w/o a permit even if you claimed that you had no knowledge the weapon was there. Don’t expect Rouge to come back and answer your question. We already chased him off! 😀

See him for what he is. 🙂

This is what you posted on 5-22 @ 7:23pm:

“Wrong. Donnelly was arrested at the security checkpoint – not trying to board the airplane”

So YOU actually said he was ARRESTED. And I shot down your bogus post with this quote taken from the linked SacBee article linked above:

“Screeners at the Southern California airport detected the firearm as Donnelly prepared to board a Southwest Airlines flight to the capital for the Assembly’s first 2012 session”

Now your most recent post contradicts what you said on 5-22 @ 7:23pm:

“Firstly, Donnelly was not arrested attempting to board an aircraft or otherwise. He was cited and released”

And Donnelly was IN FACT trying to board a SouthWest Airlines flight when he was found to have a loaded .45 in his briefcase, which is contrary to what you CLAIMED in your previous posts. And yet you won’t admit that you were WRONG! heh.

It is fun to debate dishonest posters because they are so easy to slap down. And now that I’ve PROVEN my point – I am done with you. I now know what I’m dealing with whenever you post a comment.

Thanks for the insight.

That is part of what AB 2182 is about. Police exercised discretion. I argued that, put in perspective, discretion in the Donnelly case is small (64 cases in one year) compared to discretion in other cases (thousands or tens of thousands).

The Donnelly case poses no existential threat to the republic. The hysteria over the case is simply astonishing.

However, because I was unclear, I took the correction regarding California law. That being said, I think you misread Penal Code 19.6. This section indicates that a person can be arrested for an infraction – but is not entitled to a public defender.

I was going to point you to the People v. McKay decision (cited above), but have decided that would be futile. That decision discusses that police officers may use discretion in making arrests.

Discretion (in arrests, charging, and sentencing) was one of my main points. See my conclusion below.

And get back on point boys— stop hijacking threads—– or I’ll cite ya!