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Turns out Pennsylvania is an open-carry state. Good to know so I don't have to jump through all the hoops to get a conceal carry permit.

I'm torn on this one. This is my hometown. I personally know the cops who confiscated Mr. Banks' firearm. They are good guys, not JBTs. On the other hand, what does it say about where are society is heading when simply seeing a gun causes people to start dialing 911? Used to be students at my high school would have rifles in their trucks during hunting season, sometimes just laying out in the open on the seat. And that was only a decade ago.

1 posted on 05/14/2008 8:07:50 AM PDT by Namyak
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To: Namyak

Good for the gun owners. Legally pushing these gun grabbers back at every chance is what has to happen.


2 posted on 05/14/2008 8:11:25 AM PDT by mgc1122
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To: Namyak

Yeah, I live in Adams County and got my CCP fairly easily even though they made me wait 30 days for “processing” and doing the background check, including calling all three of my personal references.


3 posted on 05/14/2008 8:12:46 AM PDT by Virginia Ridgerunner ("We must not forget that there is a war on and our troops are in the thick of it!"--Duncan Hunter)
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To: Namyak

Jack-booted Thug alert.


4 posted on 05/14/2008 8:13:20 AM PDT by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: Namyak
There's this part:

At least one of those customers, Rich Banks, of Luzerne County, was detained for refusing to cooperate with police in regard to his concealed .38-caliber handgun,

And then there's this part:

Lackawanna County District Attorney Andy Jarbola declined to comment on this specific case, but said people have a right to openly carry a weapon without having to show identification or a permit.

Sounds to me like your friends the cops engaged in a deliberate conspiracy to deprive Mr. Grumbine of his Civil Rights thereby finding themselves in violation of 18USC242 which carries a penalty of up to 5 years in Federal prison and a rather large fine.

Remember Officer, 'ignorance of the Law is no excuse..'

Sauce for the goose is sauce for the gander after all.

Arrest these two part-time cops and throw the freaking book at them.

L

5 posted on 05/14/2008 8:14:37 AM PDT by Lurker (Pimping my blog: http://lurkerslair-lurker.blogspot.com/)
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To: Namyak

“We don’t feel there was any misconduct. We did what we had to for the safety of the customers,”

“Good guys” or NOT, that is a BS statement.

“Doing what they had to do” for public safety SHOULD mean leaving people the hell alone unless they are actually committing a crime.


6 posted on 05/14/2008 8:16:49 AM PDT by WayneS (It's YOUR choice, America: Left, Lefter or Leftest)
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To: Namyak

Did not hear about this. Until now, that is.


7 posted on 05/14/2008 8:17:39 AM PDT by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: Namyak

PS - I’m not “torn” on it at all. The Barney Fife’s were WRONG. They should be man enough to stand up and take their medicine.

What is it they say? “Don’t do the crime if you can’t do the time”?


9 posted on 05/14/2008 8:19:04 AM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: Namyak
...what does it say about where are society is heading when simply seeing a gun causes people to start dialing 911?

In some states, open carry is technically legal but is suppressed by local ordinances which prevent anyone from "spooking the herd". Sadly, this is nothing new - but we do seem to have fewer rams among the sheep with each passing year.

10 posted on 05/14/2008 8:20:15 AM PDT by Charles Martel (The Tree of Liberty thirsts.)
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To: Namyak

PPS - Regarding the police in general. The country would be a much safer and happier place if they recruited MORE Andy Griffiths and A LOT fewer Barney Fifes and Wanna-Be-Rambos.


11 posted on 05/14/2008 8:21:18 AM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: Namyak
I personally know the cops who confiscated Mr. Banks' firearm. They are good guys, not JBTs.

Unfortunately, apparantly you are mistaken about their character.

12 posted on 05/14/2008 8:25:09 AM PDT by Centurion2000 (Party ahead of principles; eventually you'll be selling out anything to anyone for the right price.)
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To: Namyak

Certainly sounds like a bunch of Monday-morning QB’s (on both sides) second guessing the situation.

These officers are referred to as ‘part time’. That’s not an excuse for flagrant violations of rights, but they likely don’t run into the same kinds of situations with the same frequency as full time officers. These two need some more training, but criminal charges? Nah...

The folks openly carrying need also to be aware that, in the current political/social climate, their actions WILL be seen as provacative, to some degree. While it’s a sad state of affairs that the mere sighting of a weapon has folks calling the cops, what do we expect in thia DhimmiLib, multi-culti, PC world?

IMO, these folks did nothing wrong, and the two officers were trying to do their jobs by determining the nature of the situation.

Seems like a whole lot of frothing at the mouth by a bunch of folks with the time to second guess the entire situation. Maybe everyone just needs a time-out...


14 posted on 05/14/2008 8:26:54 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion)
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To: Namyak

That’s good to know about these cops. Thanks.

There should be no reason to bring criminal charges against good cops who just had a laps of judgment. But they should learn from this and some consequence is in order. Perhaps a letter of reprimand in their jacket or a 1 day suspension without pay would work here.

Some sort of consequence would also put the JBTs on notice that actions have consequences. Too bad its 2 good cops who slipped up.


15 posted on 05/14/2008 8:28:00 AM PDT by SUSSA
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To: Namyak

I fault the police chief for this one. Instead of all of this PC Sensitivity Training that I’m sure the cops are forced to go through, they should be having classes on the meaning of the Bill of Rights and the 1st 10 Amendments. Specifically the 1st and 2nd.


17 posted on 05/14/2008 8:31:07 AM PDT by tueffelhunden
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To: Namyak; Lurker
I am torn about holding the officers on the scene answerable for the crime but letting go harmless those who trained them and who set department policy.

Dispatch might also be taught to ask, when somebody calls in because somebody else is carrying a gun, questions which might help clarify the situation. I can imagine, "Sir, in that locality carrying a gun is not illegal," and then waiting for the caller either to elucidate or to hang up.

18 posted on 05/14/2008 8:32:53 AM PDT by Mad Dawg (Oh Mary, conceived without sin, pray for us who have recourse to thee.)
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To: Namyak
Turns out Pennsylvania is an open-carry state. Good to know so I don't have to jump through all the hoops to get a conceal carry permit.

Be careful with that assumption. IANAL, so I won't offer any legal advice, but, for example, I will point out my opinion that there are municipalities that have restrictions regardless of state law.

Also, as an example, see some discussion.

19 posted on 05/14/2008 8:39:58 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Namyak
Chief Stadnitski said of his part-time officers, Karen Gallagher and Anthony Mariano, who responded to the restaurant after 911 received complaints. The chief said no charges will be filed.

I find it odd that no charges will be filed.

The use of 911 to call the police to complain about a citizen carrying a legally licensed handgun in a holster is a clear abuse of the service. 911 is for emergency situations only.

Clearly, the patrons of the restaurant who felt endangered by this apparition could have easily left the restaurant and/or called the police department's regular phone line to lodge a complaint. It is also clear (to me) why they decided to call 911 instead.

20 posted on 05/14/2008 8:42:36 AM PDT by Bloody Sam Roberts (The secret of Life is letting go. The secret of Love is letting it show.)
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To: Namyak
“We don’t feel there was any misconduct. We did what we had to for the safety of the customers,” Chief Stadnitski said of his part-time officers, Karen Gallagher and Anthony Mariano

Fool! You still must work within the confines of the law. You can't make it up as you go. This was a violation of civil rights. This chief must resign immediately!

21 posted on 05/14/2008 8:57:18 AM PDT by Niteranger68 (If you find yourself in a fair fight, your tactics suck.)
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To: Namyak

re: “They are good guys, not JBT”

I don’t know these police officers, and I certainly don’t know whether they are good or JBT or something in the middle. I just wanted to point out that JBTs can sometimes appear to be “good” guys. The phrase “the banality of evil,” attributed to Hannah Arendt, applies to just such a situation where evil is done by those who appear to be “good guys.”


24 posted on 05/14/2008 9:07:14 AM PDT by Jubal Harshaw
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To: Namyak

The article isn’t very clear on details. Did Old Country Buffet complain about them which they have every right to do? Or did the police take it upon themselves?


26 posted on 05/14/2008 9:21:43 AM PDT by pas
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To: Namyak; archy

I believe there was a criminal offense:

Deprivation of rights under color of law.

Ignorance of this law and of the open carry laws do not excuse the officers.


30 posted on 05/14/2008 10:30:57 AM PDT by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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