Many interesting comments at the link.
We’re the enemy, the terrorist...you can’t exercise a Constitutional right when it doesn’t exist...
Did he have a dog with him? Did the cops shoot it?
Rifles and Shotguns
A certificate of inspection will then be issued containing a description of the handgun inspected and the name, description and thumbprint of the possessor.
It is unlawful to possess a firearm in a financial institution, church, court, school, hospital, theater, sports arena, restaurant with a liquor or alcohol license or day care center.
Disturbing the Peace. The most over-used and abused charge.
Personally, I don't LIKE longgun carry, but from a legal standpoint, it's allowed, and should be allowed.
Ah, he’s lawyered up. Good for him. I expect this will be expensive for Birmingham...
How does a slung rifle qualify as “brandishing” when you aren’t even holding it? As far as “obstructing an investigation”, there was no investigation until the cops obstructed this man’s freedom as a citizen to walk down a public street with a legal firearm. Bulls#it charges - throw a bunch of them against the wall and see what sticks.
/s
They have him if he refused to show ID, I think.
I saw a young woman in downtown Medford, Oregon on a mountain bike at a stop light with a pink-stocked AR-15 slung over her shoulder!
Now that’s “Right to Carry!”
“charges of disturbing the peace, brandishing a weapon and obstructing an investigation”
Did he really “brandish” the gun, or did his open carrying suddenly become “brandishing” because the cop didn’t like him? Same thing goes for “disturbing the peace” or “obstructing an investigation.” Basically it depends on how the officer’s feeling that day. The judge’ll back him up, unless you have clear evidence to the contrary. Which, most likely, explains many cities’ crackdown on videotaping cops in public without their consent.
From “The Wire”:
“Let me let you in on a little secret, the patrolling officer on his beat is the one true dictatorship in America, we can lock a guy up on the humble, lock him up for real, or say fuck it and drink ourselves to death under the expressway and our side partners will cover us, No one - I mean no one - tells us how to waste our shift.”
Wow. Nice present.
When I was a Marine Lieutenant in the late '70s, I bought an M-1 from a Gunner's Mate on the USS Dubuque on the way to a training exercise in California. I didn't have anyplace to store it at 29 Palms, so I decided to carry it by bus to my in-laws' house near L.A.. The problem was that even though I was in uniform, I didn't have a case for it, so I had to carry it in the open at sling arms. I also had an ammo box to carry, so I was really feeling conspicuous.
When I got to the L.A. bus station, I stood in a corner waiting for the next bus to take me to the San Fernando Valley and tried to stay out of the way. All of a sudden, a commotion broke out and the crowd opened up to give room to a fight between an LAPD officer and a taller, wiry African-American man. They were rolling around on the floor punching each other and I didn't see any sign of the officer's partner. I could also see two other men edging towards the two fighting, apparently getting ready to help the first guy fight the officer. The man on the ground with the officer tried to get the officer's pistol, so I stepped forward, opened the bolt on my M-1, and popped open the ammo can to pull out a clip.
Everything stopped at once: the men on the floor stopped punching, the two men approaching stopped where they were and everything went quiet. The cop on the floor started moving again and quickly cuffed the man he had been struggling with and his partner showed up and arrested to two other men. I returned the clip to the ammo box and closed the bolt of my rifle and the first cop - the one that had been fighting - came up to me and asked if I really was going to shoot. I told him that if that guy had gotten the pistol, I would have.
He looked at me for a second and then said "can I help you carry your rifle to your bus?". I was happy to let him carry it...
Birmingham now is a little bigger than Statesboro then.
18 USC § 241 - Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
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750.157a Conspiracy to commit offense or legal act in illegal manner; penalty.
Sec. 157a.
Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein:
(a) Except as provided in paragraphs (b), (c) and (d) if commission of the offense prohibited by law is punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed.
(b) Any person convicted of conspiring to violate any provision of this act relative to illegal gambling or wagering or any other acts or ordinances relative to illegal gambling or wagering shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment.
(c) If commission of the offense prohibited by law is punishable by imprisonment for less than 1 year, except as provided in paragraph (b), the person convicted under this section shall be imprisoned for not more than 1 year nor fined more than $1,000.00, or both such fine and imprisonment.
(d) Any person convicted of conspiring to commit a legal act in an illegal manner shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment in the discretion of the court.
This is great! These were teens insisting on their Constitutional rights. There’s hope after all.
He has every right to carry his rifle as he did..........why he chose to have it loaded is beyond me.
“It is unlawful to possess a firearm in a financial institution, church, court, school, hospital, theater, sports arena, restaurant with a liquor or alcohol license or day care center.”
Interesting notes concerning MI infringement of our inherent rights endowed by our Creator. And like other “gun free feel good zones” — these ridiculous decrees will be ignored.
http://www.hometownlife.com/article/20120422/NEWS02/204220350
Why would he have a round in the chamber?
If that’s true, he will likely lose in court.
The police can always come up with a reason to have asked him for his ID, that no one will be able to question.
They could even say they just wanted to see if the boy was safely carrying the rifle.