Posted on 07/04/2013 7:13:13 AM PDT by marktwain
A decorated Air Force veteran pleaded not guilty this morning to a charge of “trespassing with a weapon capable of producing bodily harm,” after being arrested by police in Vancouver, Washington, for legally open carrying an AR-15 rifle.
Last Saturday, Mack Worley, eager to exercise his second amendment, open carried his rifle while grabbing a soda and viewing a fireworks stand before attempting to walk back to his car.
“No one had said anything negative to me. A few people came up to me and asked a few questions about what I was doing and I just explained that I was asserting my second amendment right. I was explaining to people that it’s not against the law or a crime to open carry a firearm,” said Worley.
While walking on a public sidewalk toward his vehicle, Worley noticed an officer waiting down the street in a police car. Worley, assuming the police wanted to speak with him, continued walking down the sidewalk.
“As I started walking to them, I hear on a loudspeaker to my left a police officer telling me to put my hands up,” said Worley.
Worley then noticed as many as seven police officers pointing their guns at him, demanding he remove his firearm. Police also ordered Worley to turn off his cell phone which was recording the incident which Worley refused.
Worley then asserted his fourth amendment right by informing the officers that he did not consent to any searches or seizures of his property.
As police moved in closer, Worley, now fearing for his safety, made the decision to remove his firearm despite the police having no legal justification to demand he do so.
“I asked the officer if was being detained, he said no.
(Excerpt) Read more at examiner.com ...
> Those are Israeli soldiers at a Tel Aviv beach...
I would say the Muslim Brotherhood’s chances of raping them would be 0 %...lol
Here is a local news article that gives a completely different spin.
However, if you read carefully, no panic happened until the police showed up.
http://www.katu.com/news/local/open-carry-gun-vancouver-washington-214077821.html
They Founding Fathers wrote The Constitution from real experience dealing with tyrranny over about a 600 year time period. They knew exactly how important what they doing was.
Spoliation of electronically stored data can have stiff fines and criminal penalties even when it is done accidentally.
Having been involved in court cases where this was an issue and also being a forensic accountant and CPA, I can say that very few lawyers, judiciary and law enforcement officials are aware of spoliation laws.
Or as LEO’s are taught in the academy “fruit of the poisoned tree” doctrine...
I was wondering if there is an app that would immediately load video/photos into the cloud or another alternative sources for safe keeping.
From the news article referenced: Vancouver police spokeswoman Kim Kapp said a security guard told Worley to leave and called police when he didn’t.
By the time police arrived, Kapp said Worley had walked to a fireworks stand in the Big Al’s parking lot. Employees closed the stand because they were worried about what Worley was up to. An employee at Big Al’s called 911 while the business went into lockdown.
Coffee barista Dominick Harris watched as panicked parents grabbed their children and ran into the restaurant while police officers swarmed around Worley.
“I saw this guy underneath this tree over there with hands up,” Harris said.
Officers took Worley’s rifle but returned it after they determined it was not stolen. Police said Worley was on private property, and when they stopped him they told him Big Al’s has a no-weapons policy unless the gun owner has a concealed weapons permit.
Worley refused to leave, according to police.
“If the public is afraid, that’s not my fault. I don’t control their point of view,” Worley said. “In fact, I welcome it. I welcome and encourage a debate on the subject. I am not responsible for their fear.”
“as panicked parents grabbed their children and ran into the restaurant while police officers swarmed around Worley.”
I would be scared too if that many police officers pulled their weapons.
An education worth the cost. The incidents of harassment have gotten fewer and fewer in Michigan till today when nobody but democrats bat an eye at the sight of an armed citizen in the state capitol building.
Here is an absolutely fabulous article about eyewitness testimony. This is an area where I do considerable research. I’ve been lecturing on false memory and how it is created for many years. (I have not like Loftus as a person ever since she was the expert for OJ Simpson in the jury selection process for his murder trial, but her work is real good)
From Lab to Court: Memory and the Law
The New Jersey Supreme Court this week released radical new rules on the use and misuse of eyewitness testimony. The ruling has profound legal implications, essentially challenging the 34-year-old U.S. Supreme Court standard for the reliability of eyewitness memories of crimes, making it much easier for defendants to dispute eyewitness evidence in court. The New Jersey Court is considered a trailblazer in criminal law, and the ruling could well end up re-shaping the law of the land.
The ruling also reflects decades of scientific research on human memory, and its failings. Although this work has been done by scores of scientists in as many labs, the core idea—that human memory is untrustworthy—can can be traced back to Elizabeth Loftus, now at the University of California at Irvine. There are only a handful of psychological scientists whose work has so profoundly altered their field—and the public understanding of that field—that it’s difficult to imagine the world as it was before. Loftus is one of these, and this most recent ruling will broaden her influence on public policy and law.
To fully appreciate Loftus’s impact, simply recall that memory was once thought of as a filing cabinet, a more-or-less organized storage place for learning and experience, all the details of which were intact and accessible, waiting to be beckoned and retrieved. We now know how inadequate that metaphor is. Memory is not a filing cabinet, nor is it a videotape. Human memory is in fact fragmentary, malleable, and untrustworthy. But this new view was a long time emerging, and has been met with harsh criticism and stubborn resistance along the way, both in labs and courtrooms.
ALL labor and school quotas, set-asides, and AA are unconstitutional.
Where does the unconstitutionality it end? ( I mean beyond this already soft tyranny?)
I was explaining to people that it’s not against the law or a crime to open carry a firearm,” said Worley.
In Washington State it may be.
Yah, that’s it, stick your finger into the beast’s eye, spread consternation and dismay among the untutored multitudes, brandish that gun out there like the wild west. I mean for the love of murk, here we are fighting for our lives on this gun control scam, wondering when the next school or movie massacre will put the final nail in the coffin they are making for the 2nd Ammendment, and we have hard heads trying to push the issue over the top with the “open carry” provocation.
What, the fact that Homeland Security, the IRS and any other institution taken over by leftist cadres is trying to tar the Tea Party movement as a dangerous terrorist outfit preparatory to a hoped for eventual round up into FEMA “Summer camps”, isn’t enough to counsel a bit of circumspection. You open carry hard heads sure you aren’t doing the Marxist in Chief’s social control dirty work for him?
The ONLY reason for open carry is to deliver a message. But the only message that’s going to propel yer average shopping mall pilgrim is to make a 911 call to report a man with a gun. Hey, how about some real fun and do the “open carry” thing in a bank or jewelry store. The risk of unpredictable reactions from everyone including people with a concealed carry license, and an absolute freaking ton of BAD PUBLICITY is very huge. The observational deficit that allows the open carry fanatics to think that their strategy is good for protection of the 2nd Amendment borders on being defined as developmentally challenged, and that’s me being polite. Let’s see if we can get our collective I.Q. back into the triple digit range.
Washington is an Open Carry state. In this one respect it is superior to Texas.
http://www.protectillinois.org/about_rtc
(Map available)
Thanks, I read the article and it does give a bit of a different take. We need to see what happens in court. That of course depends on whether the court that hears this has a truthful and duty bound justice.
LLS
Rifles slung across the back are not “brandished”, save in those states where the Law is an Ass.
Rights not used are lost.
A major purpose of open carry is to make it commonplace. A good goal is to make future generations wonder why an individual is NOT carrying.
Wow! That is amazing!!!!! Good to hear.
“Too many Barney Fifes and not enough Andy Griffiths out there...”
Andy is “selling” Obamacare on TV. He’s a big-time Marxist.
In these states, open carry of a handgun is generally lawful, but the state may lack preemption or there may be other significant restrictions. The limitations and/or lack of pre-emption may mean that certain areas of these states are, in their judicial system and law enforcement societies, not very friendly towards the practice, although this is not true in all of these states.
The part about "not friendly" sounds about right. I personally have never seen a civilian open carry here in an urban area.
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