Concealed carry: June 2012

Thursday, June 21, 2012

Experience representing driving issues

DRIVING ISSUES EXPERIENCE

Excerpt from the book Oregon Concealed

"The following picture of such a license is representative and typical of those who carried them. Mr. Seekins is NOT the Mr. Smith referred to below. I represented Mr. Seekins in many cases which could be a book by itself. It is enough to say that when we eventually approached negotiations with the state of Oregon, Mr. Seekins had over 480 citations concerning his insistence on exercising his interpretation of his constitutional principles."

KEPT HIM OUT OF JAIL FOR A LONG TIME! lol

Copywrite in Don Leach, Attorney, 2012; Oregon Concealed - The Best Defense - Use of Deadly Force: I have written a practical easy to read how to book helping those who carry concealed understand the legal world of a defensive contact and dealing with enforcement. It will be available in July, 2012 at the oregonconcealed.com web site.

Martin/Zimmerman TRIED BY MEDIA

An excerpt from the book Oregon Concealed,

The Best Defense - Use of Deadly Force

"There is wisdom in remembering for the Zimmerman/Martin scenarios of the world a full gathering of the facts helps in making a determination of which side of the fence we personally really want to be on; that is, if we want to be on the fence at all.

There is another layer of added wisdom in remembering and understanding that if we are involved in a shooting, the first words out of our mouths should be, “I feared for my life.” The second group of words out of our mouths should be, “I want an attorney.”

But the real question for us, for you and for me is whether we would want to be ultimately tried by a group of our peers, 12 persons charged with some of the most serious decision-making who will be allowed to hear all of the facts in an environment designed to protect our rights as well as the alleged victims; or the alternative?

And here is what the alternative really is: In the event of a handgun discharge where you are the person who pulled the trigger, do you want to be tried in the media and by the media? Do you want to be tried by popular vote? Do you want your life torn apart by the evidence gatherers called “news” reporters? Do you want to be tried by public opinion where you are painted by the broad black (as it is used here I mean the color of the paint, not the skin) brush of political correctness? Lest you misunderstand the core of these questions, do you want to run the risk of being found guilty by a prosecutor, a judge, and a jury who’s true goal and ambition is to financially survive in the face of their challenge by the new digital social and news media?

The same question presented in a simpler format: Given a choice of only one of two allowed possibilities: Do you want to be tried by a media organization who’s true motive is to sell news or do you want to be tried by a system designed to protect your individual rights?

How does the Martin/Zimmerman happenings relate to you? If you are the one who becomes involved in a deadly force defensive shooting, it could ultimately mean you being tried by the press, and/or the current political machine of “correctness” notwithstanding whatever the true facts may be."

Deadly Force in Defense - Attacker did NOT have a gun!

An excerpt from the book

Oregon Concealed, due to be out

July, 2012

“She had her hand in its mouth, trying to keep it from ripping at her throat. I don’t know how I had managed to get it cocked, but I put that 22 magnum in the dog’s ear.” He shrugged. “It didn’t even give a yelp. It just folded up. At a glance I could see the other two dogs were still under control.”

When is the handgun ACCESSIBLE in the vehicle?

Administrative Assistent "Linda" and grandma with

the future President Liam of Oregon Concealed Co. at one

of the gun ranges used to teach the NRA Basic

Pistol Class.

What does accessible mean in the Oregon laws?

"Oregon applies an “accessibility” standard by statute, which in substance declares a handgun in the traveling compartment is “accessible” to all in the vehicle. While the statute is direct and clear, it is generally treated as a presumption that can be overcome factually. For example, is the handgun actually accessible if one does not know it is there? An alternative question is whether the handgun is truly accessible if it is physically being carried by the other person and cannot be accessed? Yet a third question deals with whether the handgun can be accessed in a glove box or console."

These questions are answered in the book Oregon Concealed.

Wednesday, June 20, 2012

THE STOP - A road map to survival

· To unlawfully carry concealed one has to have the mental state or “mens re” to commit a crime.

· The “stop” starts when the blue and red lights come on.

· The “trial” starts when the blue and red lights come on.

· The enforcement officer looks for admissions.

· If you feel compelled to speak, admit nothing.

· Deny everything.

· Counter charge.

John Smith's Pickup Ride

Oldest Son learning the ways of Mountain Men

Troy at age 7 1976

"John Smith was driving down a back county highway in the county of Pandora. The 1965 beat-up, mostly green and rust Chevy farm pick-up had some new interior with black leather bucket seats that had replaced the old bench seat. When he was stopped by County Officer 1 (“CO1”), the officer informed John his left tail light was out. The usual questions followed with John’s presentation of the required documentation, license, and registration. During the stop Mr. Smith indicated his surprise to find the tail light was out, and asked if he could get out and see it, “After all it is my son’s rig. He has done so much work on it to make it street legal so of course I am surprised.”

“Of course,” was the officer’s reply. As the police would say, Mr. Smith “exited the vehicle.” As John slid across the lipped edge of the bucket seat and turned to walk back to the driver side tail light he left the door open.

It was the officer’s turn to be surprised. “John, is that your gun?” There, in what was now plain view, stuck between the bucket seats with the handle showing was what turned out to be a Smith & Wesson long barrel .357 magnum."

ARRESTED!

Oregon Concealed is a book written in easy to understand language outlining best practices for dealing with enforcement AND when and self defense (Deadly Force) is justified in Oregon. The book will be available in July, 2012. I am looking forward to hearing from you. Write don@ochlc.com. Copywrite 2012 by Don Leach, Attorney

What does "concealed" mean?

DON & LINDA LEACH

Oregon Concealed Co. Founders

"It is important to understand the “concealed” concept. With the background we have provided above, with no statutory or administrative law definitions of the word “concealed” in the law, it becomes a term of legal art with its common meaning. Flowing from this treatment and attached to the statute is a “mens re” or “criminal mind set.” The alleged “criminal” had to have intended to conceal, to hide, or to secret his gun on his or her person, or within his or her control to be guilty of the crime of wrongfully carrying a concealed handgun.

· To carry concealed, one has to intend the handgun be hidden from view and/or secreted so that others cannot see it."

Copywrite 2012 by Don Leach, author of Oregon Concealed - The Best Defense

This book will be availabe from oregonconcealed.com in July, 2012

Even when younger basic truths were evident.

"Proceeding with a couple of fundamentals, let’s insure we are all building our understanding of the parameters surrounding the lawful carrying of a concealed handgun in Oregon. The common law for Oregon was compiled in the first book of General Laws for Oregon – 1843 to 1872 by Deady and Lane.

The laws of Oregon in this book are like the book, antiques. Whether one goes to www.abebooks.com or some other source, we find the book generally available from $850 to $2,500, depending on its condition. Except for their historical value, these laws are for the most part valueless, having been changed by the legislated codified system we call “statutes.”

Within the approximately 923 pages of this book are all the laws of Oregon from territorial governance to 1872. There are no laws concerning the carrying of concealed handguns, nor is there a definition of what a concealed handgun is. We leap forward from 1872 to the present and search the Oregon Revised Statutes and Administrative Rules. Again, we find no definitions for the term “concealed handgun.” "

From Oregon Concealed - the Best Defense - Using Deadly Force - Copywrite Don Leach 2012. This how to survive book will be available in July, 2012

"The examples in Oregon Concealed are true, taken from my case files as a practicing attorney. However, most of the names and locations have been changed to protect privacy; e.g. John Smith, Jane Smith, Bad Guy 1 or 2, etc. from Somewhere, Pandora County. Police, whether State, County, or City are referred to as Officer 1, 2, etc.

As the author my goal is to give you a complete understanding on the application of the concealed gun laws in Oregon in order that you may make informed decisions. The choice to carry concealed lawfully is the reader’s, but I believe that responsible gun owners can and should follow the law as it is applied today if they want to keep their involvement with enforcement minimal." From Oregon Concealed - the Best Defense - Using Deadly Force - Copywrite Don Leach 2012. This how to survive book will be available in July, 2012

Oregon Concealed BOOK by Don Leach

"I have nothing but the highest and even bitter contempt for Oregon presiding judges who pass judicial administrative regulations that keep honest people from carrying handguns for their personal protection in the courthouse and the courtroom. They violate their oath of office and no amount of legal mental masturbation can justify that contemptible practice, which in my perspective is a complete prostitution of themselves and their personal integrity to the other branches of government in violation of my fundamental constitutional right to be able to have immediate protection for myself and third parties in my presence." Copywrite by Don Leach, from OREGON CONCEALED, The Best Defense, Use of Deadly Force - to be available July 2012 at OregonConcealed.com