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1 posted on 09/22/2006 12:23:02 PM PDT by neverdem
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To: neverdem

Sounds like just another way to turn honest folks into criminals by judicial fiat to me.


2 posted on 09/22/2006 12:25:06 PM PDT by RogueIsland (.)
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To: neverdem

""A glove compartment is a small storage cabinet in the dashboard of an automobile," Justice Donald C. Wintersheimer wrote in the opinion."

Bullcrap!

Both my TransAm and Corvette have no 'storage cabinet' in the dashboard. They only have a center console which is also the 'glove box'.

Talk about nit picking.


3 posted on 09/22/2006 12:25:49 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: neverdem

Never thought I'd be coming down on the side of a guy named Mohammed. Not this century, at any rate.


4 posted on 09/22/2006 12:26:02 PM PDT by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: neverdem

*file under "judicial insanity:*


5 posted on 09/22/2006 12:27:41 PM PDT by EternalVigilance
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To: neverdem

I'd be more concerned that somebody named Mohammad was carrying a gun AT ALL.


7 posted on 09/22/2006 12:29:31 PM PDT by beelzepug (I suffer no fool lightly!)
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To: neverdem
Scott also noted that several newer vehicles do not have glove compartments as defined by the majority of the court.

And what does this have to do with the cost of tea in China? If the sun isn't seen at the North Pole in mid of winter it doesn't reduce the definition of the sun. On second thought, maybe it does in this judge's mind.

8 posted on 09/22/2006 12:29:40 PM PDT by taxesareforever (Never forget Matt Maupin)
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To: neverdem
I'd like to know when the legislature wrote that provision - were center consoles even in use then? If "on the seat" is one of the options, then ease of access doesn't seem to be the issue. And whether or not the compartment can be locked means nothing if there is no requirement for it to be locked if containing a firearm. A hyper-technical ruling that demonstrates the difference between the law and justice, the former being a murderer getting off because of an inconsequential typo on a warrant application, the latter being that same just-released murderer getting hit by a bus as he exits the courthouse.
10 posted on 09/22/2006 12:30:58 PM PDT by NonValueAdded (Treaty Fetishism: "[The] belief that a piece of paper will alter the behavior of thugs." R. Lowry.)
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To: neverdem

Who the heck is the judge to define the definition of a glove compartment? If he thinks it needs further definition he should throw it back to the legislature.


11 posted on 09/22/2006 12:31:55 PM PDT by rhombus
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To: neverdem

A pathetic case of splitting glove leather.

Gloves CAN be stored in the center console.

Have the courts nothing better to do?


12 posted on 09/22/2006 12:32:11 PM PDT by GretchenM (What does it profit a man to gain the whole world and lose his soul? Please meet my friend, Jesus.)
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To: neverdem; HangFire; lowbridge; feinswinesuksass; Joe Brower
Kentucky's concealed weapons law allows someone to carry a gun in the car, either in the glove compartment "regularly installed in a motor vehicle by its manufacturer," on the seat or in the trunk.

So the gun could be on the seat, but not in the console? What rubbish, and whaddabunchamaroons.

13 posted on 09/22/2006 12:32:55 PM PDT by AnnaZ (Sh'ma Yisrael Adonai Elohaynu Adonai Echad)
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To: neverdem

Perhaps Fadi should have gotten a Jewish attorney.

Unfortuantely, I agree with the Supreme Court here.


14 posted on 09/22/2006 12:33:15 PM PDT by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: neverdem

Does anyone know more of Fadi Mohammad's story? Why was he pulled over in the first place?

From what I've read in this article, the Supremes ruling is ridiculous. What difference does it make if one stores a gun in a glove compartment or a console between the seats?


16 posted on 09/22/2006 12:33:45 PM PDT by demkicker (democrats, terrorists, Powell, McCain, Graham & Collins are intimate bedfellows)
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To: neverdem
All this wouldn't have happened if Fadi Mohammad hadn't been stopped for drunken driving.

Wait a minute...Fadi Mohammad...Mohammad...MOHAMMAD! Drunk driving! Mohammad, alcohol...uh oh, somebody's going to be in trouble down at the local mosque.

< /sarcasm>
18 posted on 09/22/2006 12:35:31 PM PDT by Captain Rhino ( Dollars spent in India help a friend; dollars spent in China arm an enemy.)
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To: neverdem
Kentucky's concealed weapons law allows someone to carry a gun in the car, either in the glove compartment "regularly installed in a motor vehicle by its manufacturer," on the seat or in the trunk.

If a gun is allowed on a car seat, it is hard to imagine the gun in the center compartment as being more problematic. The concealed nature is of concern, but so would be the concealed nature of the 'glove box'.

I don't see a compelling cause here. What is unclear is if the person actually had a concealed weapons permit. Since we are addressing the issue of whether the console is a glove box, it's seems they are trying to define what the permit allows. That would imply he did have one.

It seems like a pretty strident attempt to enforce a rule rather than determine intent. I realize intent isn't a valid determinant, but this is a little over the top IMPO.

He was charge with driving while inebriated. That seems appropriate.

23 posted on 09/22/2006 12:44:17 PM PDT by DoughtyOne (Victory will never be achieved while defining Conservatism downward, and forsaking it's heritage.)
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To: All
"Whether gloves fit into other compartments is immaterial because the phrase 'glove compartment' was expressly adopted by the General Assembly and retains the plain meaning as a compartment located in the dashboard of a vehicle," Wintersheimer wrote.

I'll grant that the wording of the law failed to take into account vehicles without traditional a 'glove compartment.' At least they didn't engage in activist nonsense. IMHO, the fault lies with the drafting of the legislation.

26 posted on 09/22/2006 12:47:10 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: neverdem

Can you imagine being the person to go to jail because you stored your weapon a foot and a half from where it is legal to store...


31 posted on 09/22/2006 12:49:20 PM PDT by aligncare (Beware the Media - Industrial Complex)
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To: neverdem

I was going to ask why it mattered as long as the gun was in a compartment to keep it from flying around the car. But then I read that having it on the seat of the car was okay. That doesn't make sense to me. It's okay to be laying on the seat but not in the center console? Strange.


32 posted on 09/22/2006 12:50:35 PM PDT by TXBubba ( Democrats: If they don't abort you then they will tax you to death.)
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To: neverdem

"Kentucky's concealed weapons law allows someone to carry a gun in the car, either in the glove compartment "regularly installed in a motor vehicle by its manufacturer," on the seat or in the trunk. "



So, it's ok if the gun is floating across a seat through turns, but not ok if it is secured in a console between the seats.
Wow, this is micro-managing at its best!

oh yeah, I'm always a little concerned about armed Mohammeds, but this is one more time the judiciary is way out of whack! Not everyone drives a Mercedez Benz you idiot judge.


35 posted on 09/22/2006 12:57:28 PM PDT by SFC Chromey (We are at war with Islamofascists, now ACT LIKE IT!)
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To: neverdem
It is just a way for the judges to justify their anti-gun desires. We had a ruling in Arizona that was just the opposite. The statute said that if the gun was in a case designed to carry weapons, it was not concealed.

The appeals court ruled that a fanny pack, though it was a "case designed to carry weapons" *and was recognized by the officer as such*, which is why he decided to search it, did not qualify because they decided that the legislature did not mean what the statute said, and that the weapon had to be "displayed in such a way that an ordinary person would be given notice that the person carrying the weapon was armed".
45 posted on 09/22/2006 1:17:59 PM PDT by marktwain
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To: neverdem

The court's ruling did not follow established law on interpreting a legislature's writings.

The right to carry is a constitutional right and a law limiting such a right by a law must be interpreted in a narrow way to not overly expand the infringement of rights.

Therefore a glove compartment regularly installed in vehicles would include similar compartments-the center console compartment.


48 posted on 09/22/2006 1:20:38 PM PDT by RicocheT
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