search warrant for stores

[galileo415]

What is the name of your state? ca

lets say i see stores that sells illegal weapons, if i report them can the police go inside the business and confiscate items or do they need search warrant.

 

[CdwJava]

lets say i see stores that sells illegal weapons, if i report them can the police go inside the business and confiscate items or do they need search warrant.

If they see them in plain view, of course they can seize them. In many cases, depending ont he business license of the establishment, the police can have pretty broad access to all or most areas of the business.

What illegal items are we talking about?

- Carl

 

[gawm]

What is the name of your state? ca

lets say i see stores that sells illegal weapons, if i report them can the police go inside the business and confiscate items or do they need search warrant.

What makes you think it is illegal to sell the type of weapons they are selling?

 

[BelizeBreeze]

Sounds like homework to me.

 

[CdwJava]

Sounds like homework to me.

Check his other posts ... he seems to have a few problems.

- carl

 

[galileo415]

theyre selling brass knuckles, expandable batons, switchblades, and toy guns, all of them are totally illegal in san francisco

 

[CdwJava]

theyre selling brass knuckles, expandable batons, switchblades, and toy guns, all of them are totally illegal in san francisco

Not necessarily ... But, if you are concerned, call the police and let them know.

- Carl

 

[gawm]

theyre selling brass knuckles, expandable batons, switchblades, and toy guns, all of them are totally illegal in san francisco

Toy gun? How is that a weapon?

 

[CdwJava]

Toy gun? How is that a weapon?

He lives in San Francisco ... guns are tools of the evil capitalist imperialists ... we can't have people indoctrinating kids in this violent culture in the People's Republik!

However, I am not sure if they currently have such a ban on the books or not - at least I can't find it. But it would not surprise me at all if they did.

- Carl

 

[gawm]

I was thinking "toy" like when I was a kid. (They weren't too realistic, and they were obviously meant for kids.) I think he means "fake" guns which now a days you really can't tell they're not real.
Even so, the store probably would not be selling them if it was illegal. Must be some loophole.( like the head shops that sell all that drug paraphernalia under the guise of tobacco products)

 

[galileo415]

I was thinking "toy" like when I was a kid. (They weren't too realistic, and they were obviously meant for kids.) I think he means "fake" guns which now a days you really can't tell they're not real.
Even so, the store probably would not be selling them if it was illegal. Must be some loophole.( like the head shops that sell all that drug paraphernalia under the guise of tobacco products)

SEC. 602. SALE OR POSSESSION OF SLING SHOTS, AIR GUNS OR TOYS PROJECTING MISSILES BY AIR OR GAS PROHIBITED.
It shall be unlawful for any person to buy, sell, offer or expose for sale, barter or exchange, have in his possession or use any sling shot or air gun or other weapon or instrument by which missiles may be projected by the force of air, provided that nothing herein contained shall prevent the use of air guns in a regularly licensed shooting gallery.
It shall also be unlawful for any person to buy, sell, offer or expose for sale, barter or exchange, have in his possession or use any toy by which, whether used singly or in combination of units, missiles may be projected by force or compressed air, carbon dioxide, or any other chemical, gas, or other element, or combined thereof. (Amended by Ord. 4782, Series of 1939, App. 1/6/48)

This ordinance is duplicative of State law. To a limited extent, Penal Code section 12552 also prohibits the sale of air guns. To the extent that the ordinance also prohibits the sale of air guns, they are duplicative.

This ordinance also conflicts with existing law. While this ordinance prohibits the sale of airguns to all persons, Penal Code section 12552 provides only a limited prohibition to transfers of airguns to minors. Penal Code section 12552 also allows minors to receive and possess air guns under certain circumstances. This ordinance does not.

 

[gawm]

It's been almost two weeks since you posted your thread. Tell us, what did the police say?

 

[galileo415]

It's been almost two weeks since you posted your thread. Tell us, what did the police say?

they said the beat officer will check it out last week, i check yesterday theyre still selling it,, u can clearly see it on display on the window

 

[CdwJava]

Enforcement of municipal codes are often spotty ... they are not a high priority for the police or the DA. There might even be a question of whether or not this ordinance can pass Constitutional muster. It is possible that there has been an injunction preventing the city from enforcing this, or, there have been recent court rulings that render the ordinance almost unenforceable.

In any event, you did what you could - you reported it.

- Carl

 

[galileo415]

Enforcement of municipal codes are often spotty ... they are not a high priority for the police or the DA. There might even be a question of whether or not this ordinance can pass Constitutional muster. It is possible that there has been an injunction preventing the city from enforcing this, or, there have been recent court rulings that render the ordinance almost unenforceable.

In any event, you did what you could - you reported it.

- Carl

its not just MC, the knives, burglary tools, expandable batons, shuriken, nunchucks, violate penal code, and in fact expandable batons, shuriken, nunchucks are felonies