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Re: [RC] Folsom lake accident - Diane TrefethenI am not an attorney.There are laws in California against carrying a CONCEALED weapon without a permit. In California, it is not legal to carry an UNCONCEALED, loaded weapon in public, with exceptions. As Kat noted two exceptions are, "Any person hunting in an area where firearm possession and hunting is otherwise lawful. (Penal Code § 12031(i).)" and "Any person carrying a loaded firearm, if otherwise lawful, when he or she reasonably believes his or her person or property is in immediate, grave danger and that the carrying of the loaded firearm is necessary for preservation of the person or property during the time interval following notification of the local law enforcement agency when reasonably possible, and prior to the arrival of its assistance. (Penal Code § 12031)(j)(1).)" People frequently use this latter exception to justify ANY instance where one is threatened and/or fears for his/her life when the statute clearly restricts this to mean ONLY after notifying law enforcement and prior to their arrival. State and county parks have their own rules on carrying guns. The original report in the El Dorado Hills story conveyed the impression that the horses were spooked by dirt bikes, that and NO MORE. A follow up comment by "coolcagal" stated that the bikers "were doing circles around the horses " and then "when the horses fled, they chased them on their dirt bikes". Then, when "the riders fell off they did not stop to help, but continued to chase the horses". Although the owner of the dead horse has also posted a comment, she has not confirmed or denied coolcagal's assertions. IF these comments accurately reflect what happened, as opposed to someone simply trying to stir up trouble, the bikers are guilty of assault. If motorized bikes are considered "a deadly weapon", and since both riders sustained injuries, the assault could be filed as a felony. The bikers are also guilty of battery. If either rider lost consciousness, sustained a concussion or fracture,or required sutures, all defined as "serious bodily injury", the battery could be filed as a felony. They are also guilty of "depraved indifference". Since their actions resulted in the death of a horse, there are a whole slew of criminal and civil crimes with which these actions could be charged. Attempted murder: Probably not. In order to prove attempted murder, prosecutors would have to show the bikers intended to kill the riders. The best they can probably do is show that the bikers intended to spook the horses and make them run. Motion activated camera: Probably not. Hard to pick a place to install it and easy for a human to steal. Better are the suggestions that riders carry phones that take pictures. Speed traps: Probably useful to raise money and deter speeding but not useful for incidents such as the one we are discussing. Holstered gun or rifle in scabbard: Depends on the rules for each park jurisdiction. Training horse to ATVs and dirt bikes: Great for casual encounters, not so useful for deliberate assaults. Snipers, lay-in-wait, paintball guns: Psychologically satisfying as a thought exercise but not reasonable to put in practice. Education/PR: Probably helpful. Enlisting cooperation of Off Road groups: Probably useful. Some of the East Bay parks have bike patrols that are very helpful. Had to laugh at the I pay property tax and "by God I'll use this damn trail if I want!" comment. I pay gasoline highway taxes so that must mean I can drive a WWII tank up I-5. Right... =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ridecamp is a service of Endurance Net, http://www.endurance.net. Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp Ride Long and Ride Safe!! =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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