Jacksonville, AL Unlawfull Arrest For Open Carry - Page 2
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Thread: Jacksonville, AL Unlawfull Arrest For Open Carry

  1. #11
    Join Date
    Mar 2011
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    Quote Originally Posted by NavyLT View Post
    Because we don't live in a police state. But once everyone follows the route you have chosen, it will become a police state. I don't understand why you are so hell-bent on licking the boots and polishing the badges of police who act like gestapo.

    We won't gain our freedoms back by being satisfied with the rearmost seat on the bus.
    Navy, there is truth in your words and I support OC for those who choose. For me it's a tactical defense element. As my dad (a former U.S. Naval officer) taught me, "I would take treachery, stealth and experience over youth, showmanship and braun anyday." Simple problem is that LEO encounters are going to plague this topic because we can't change the sheepish nature of the scared liberal anti crowd and many LEO officers don't even know the laws in their own jurisdiction. The laws in every state are convoluted and few fully understand their own laws. Post after post talks this issue (confrontations over OC) but rarely do I see posts about LEO hassles from CCW. My view is the best fight I make is the one I don't have so avoidance of confrontation (for sheepish anti's or even by LEO) is at the forefront of my thinking. I prefer to fly under the radar. I'm the hand up Mona-Lisa's skirt. The one nobody expects to act with extreme and deliberate prejudice against my attacker. I'm a nasty surprise. But if the law allows it, go ahead and OC, it doesn't bother me to see someone carrying a gun openly as he pobably is a law abiding citizen.
    GOD, GUNS and GUITARS

  2.   
  3. BC1,

    I guess a lot of our decisions depends upon how we perceive our surroundings. I am going to base my life and my actions in life about what I feel is best for me and my family and within the boundaries of what the law allows. If someone else doesn't like my decision that I have made about what is best for me and my family, then they can deal with it. Also where I live there is a only a very small minority of people who have a problem with a gun carried properly anyway and the vast majority of police in my area are fully aware of the law, so I just don't regularly experience the "bleating sheep" syndrome because of my gun.

    What is at the forefront of my thinking is the deterrence factor of a visible firearm. There are much easier ways for a criminal to get what they want than to tangle with an armed citizen for it. Criminals tend to take the path of least resistence in order to avoid getting caught or to keep a simple robbery charge from becoming an attempted murder charge. It's just so much easier for the criminal to wait a couple minutes for me to leave or to go down to the next block where nobody seems to be carrying a gun. And the criminal who bursts into a location, guns displayed, yelling for everybody to get down isn't going to be looking at any one person in particular close enough to notice a holstered gun anyway, unless that person happens to be wearing the matching uniform and badge. In that situation, it takes less movement and less chance of being noticed if the open carrier should decide to draw his gun, then trying to get it out of concealment.

    There's nothing wrong with concealed carry or open carry. So long as we do what we feel is best for us and not try to force that decision upon others or chastise them for their decision, such as the "wild west", "cowboy", and "political activist" comments that some "pro-gun" people like to throw at open carriers.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  4. #13

    Cool

    Shortbuseinstein: As has been mentioned before and if you can afford it, get a good attorney. You are dealing with a bunch of LEOs who are the stereotypical types found in movies about the south. We have laws down here that plainly state our rights but they are ignored through fear and/or intimidation. A good attorney can straighten things out for you but it could get expensive. Go to the Alabama forum and contact ALRanger and explain your situation. He is active in this type of activity and may be able to help. Good luck.

  5. #14

    Wink

    Quote Originally Posted by NavyLT View Post
    BC1,

    I guess a lot of our decisions depends upon how we perceive our surroundings. I am going to base my life and my actions in life about what I feel is best for me and my family and within the boundaries of what the law allows. If someone else doesn't like my decision that I have made about what is best for me and my family, then they can deal with it. Also where I live there is a only a very small minority of people who have a problem with a gun carried properly anyway and the vast majority of police in my area are fully aware of the law, so I just don't regularly experience the "bleating sheep" syndrome because of my gun.

    What is at the forefront of my thinking is the deterrence factor of a visible firearm. There are much easier ways for a criminal to get what they want than to tangle with an armed citizen for it. Criminals tend to take the path of least resistence in order to avoid getting caught or to keep a simple robbery charge from becoming an attempted murder charge. It's just so much easier for the criminal to wait a couple minutes for me to leave or to go down to the next block where nobody seems to be carrying a gun. And the criminal who bursts into a location, guns displayed, yelling for everybody to get down isn't going to be looking at any one person in particular close enough to notice a holstered gun anyway, unless that person happens to be wearing the matching uniform and badge. In that situation, it takes less movement and less chance of being noticed if the open carrier should decide to draw his gun, then trying to get it out of concealment.

    There's nothing wrong with concealed carry or open carry. So long as we do what we feel is best for us and not try to force that decision upon others or chastise them for their decision, such as the "wild west", "cowboy", and "political activist" comments that some "pro-gun" people like to throw at open carriers.
    All this "stinkin logic" from NavyLT is making me dizzy. This after I get used to all the constant "change" and spin.

  6. Quote Originally Posted by Oldgrunt View Post
    Shortbuseinstein: As has been mentioned before and if you can afford it, get a good attorney. You are dealing with a bunch of LEOs who are the stereotypical types found in movies about the south. We have laws down here that plainly state our rights but they are ignored through fear and/or intimidation. A good attorney can straighten things out for you but it could get expensive. Go to the Alabama forum and contact ALRanger and explain your situation. He is active in this type of activity and may be able to help. Good luck.
    I would modify this advice to you cannot afford NOT to have an attorney. It does not matter what the cost. The cost of losing this case (more likely if you attempt to defend yourself) is too high to leave anything to chance.

    I really believe that a good attorney will be able to get this thrown out before trial. That is a bargain at twice the price.

  7. BC1: I have CC for around 14 years and OC for 1 1/2 years with out any problems. Well except this one.... I am being charged with Carrying a Pistol On Property Not My Own. It would seem that if I let this go that they can charge anyone OC or CC. Heck they can charge someone for having it in their car and driving on to private property. I don't own the local gun range and I discharge weapons there.
    NavyLT: Well said!
    Oldgrunt and Doc: I have a good attorney in fact he is not my first one on this case. My other attny seemed like a good guy but suggested I take a plea and do 6 months probation. I have also talked with AlRanger he has been a big help.

  8. Any attorney who suggests you take a plea, knowing that AL case law AND every AG opinion written in the State of AL on the subject of open carry in general and the law you were charged under in particular, supports the position that open carry is legal, and carrying that carrying a pistol on property not your own refers ONLY to UNLICENSED CONCEALED carry and NOT to OPEN carry, should be disbarred. If your initial attorney was unaware of the relevent case law and AG opinions he is clearly not qualified to argue your case and you should find another attorney.
    Alabama Open Carry

  9. Doc: I have a new attny.

  10. #19
    Join Date
    Sep 2010
    Location
    Tacoma, Washington
    Posts
    475
    Well I know some will not like this but I say make it an expensive lesson for them to learn. From what you have posted you have been more then respectful to the officers illegal demands and you complied with them. So I say make it cost the city enough money to were the city officials will correct or fire the police chief, prosecutor and the magistrate for costing the city money that had to come from somewhere to cover their dumb ass mistake.

  11. Quote Originally Posted by Shortbuseinstein View Post
    Doc: I have a new attny.
    I gathered that from your previous post. My previous statement could be summed up as follows: If your first attorney KNEW the relevent case law and AG opinions and recommended you take a plea, he should be DISBARRED for malpractice. If He was ignorant then finding another attorney will suffice.

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