Pro-Gun Activists Plan to Walk the Pier Despite Possible Arrest

Harley Green, founder of South Bay Open Carry, has announced that he and other activists will risk arrest Aug. 7 by gathering at the Redondo Beach Pier while carrying handguns.

Although carrying non-concealed firearms in California is legal, it's illegal to carry them near schools and in parks, and portions of the Redondo Beach Pier are considered park space by the city.

Green, 24, asked city officials a couple of weeks ago for maps clarifying which places in the city are illegal to carry non-concealed weapons. He also asked what portions of the pier are considered park space, and why it is considered park space.

But the city hasn't responded, Green said in a news release he issued Wednesday. So he's going ahead with plans to walk on the pier. The police said that if he and other do, they might get a citation, or possibly even arrested.

City Attorney Mike Webb said his office is researching in which areas of the city and pier firearms are prohibited, but that it's unrealistic to put together that detailed information in a couple of weeks, especially because his office is busy with other matters.

"We just can't do it within his self-described timetable," Webb said.

Webb said asking the city to provide this information so quickly amounted to "free legal research."

"They have an attorney. They could certainly research the laws, clearly set forth what is park, etc.," Webb said. "But they want it for free and want it done right away. And unfortunately, we can't drop everything we are doing to accommodate them."

Webb said that if Green and others gather on the pier with non-concealed firearms they may, depending on where they go, be in violation of the law and subject to a misdemeanor infraction.

It's unclear whether anyone would be arrested if that happened. Police Chief Joe Leonardi said that officers would likely tell someone to simply leave if they had a handgun in what's considered park space. Leonardi said how in misdemeanor violations, an officer usually issues a citation with a promise that the person will appear in court, he explained. However, Leonardi said he wants a firm opinion from Webb before deciding how to handle the situation on the pier should one arise Aug. 7.

"He [Green] asked whether or not he could walk on the pier," Leonardi said. "And I'm being absolutely candid with you, I don't know the answer to that question and can't give it to him. I need the city attorney to tell us what's parkland and what's not parkland."

Green expects about 20 people to show up for the gathering at the pier's shopping center, maybe more. The organization he recently founded doesn't have members. Instead, the South Bay Open Carry is really a movement, Green said.

Green began his organization to educate the public about responsible gun ownership and the rights all Californians have to defend themselves. Green also believes law-abiding people have become frustrated with government leaders who they believe continually infringe on their rights to defend themselves.

Green and his organization recently cleaned up trash in Hermosa Beach with guns in tow. For that event, the city of Hermosa Beach quickly provided maps of park space and schools detailing where Green and others could go without violating the law, he said.

After Green contacted the Redondo police chief on July 16, Leonardi referred him to Capt. Jeff Hink, who is in charge of patrol on the pier. In an e-mail, Hink asked Green to postpone his open carry event on the pier until Aug. 28 because Hink had already scheduled a two-week vacation in August. But Green declined, saying he also has travel plans in August.

Hink then asked Green to postpone the event until September so the city could provide him with answers as to where he could go without stepping on park space. Otherwise, Green and others run the risk of breaking the law, Hink told Green in an e-mail.

Patch asked Green on Tuesday why he wouldn't postpone the event until September. Green responded in an e-mail: "We do not live in a police state. We do not need permission from police to participate in lawful activity. I communicate with police as a favor to let them know ahead of time what we plan. I'd be well within our rights to just show up anywhere outside a school zone open carrying and would be fine.

"If they [police] make wrongful arrests that is on them and there are lawyers everywhere that would be eager to take on that case."

Michael Schwabe, part of the South Bay Open Carry organization, wrote: "Conducting a peaceful activity does not require us to kiss the ring and ask permission!"

In his news release, Green said he hopes Leonardi does not envision himself as a modern day "Bull Connor," referring to the Birmingham, AL, police chief who attacked peaceful protest marchers with fire hoses and dogs during the civil rights movement.

Green said the event Aug. 7 will begin at 10 a.m. and last a couple of hours. He and others plan to sightsee, shop and eat on the pier.