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Man arrested for (legally) open carrying AK47, scaring people.

Discussion in 'Legal' started by Andrewsky, Jul 17, 2007.

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  1. Andrewsky

    Andrewsky Member

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    Last edited by a moderator: Jul 17, 2007
  2. hoppinglark

    hoppinglark Member

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    what's wrong with the police?
    I hope his jury is not stupid.
    what's next hot rods and motorcycles?
    "Although the mufflers were legal, driving through a neighborhood and scareing people is disorderly conduct"
     
  3. hrgrisso

    hrgrisso Member

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    hmmm

    While it is legal, I wonder what the young man's intention was in carrying around the AK...

    This does seem like a touch of a stretch if he wasn't threatening anyone, but again, what WAS he doing? I may get torched for this one, but with CCW laws, in his own neighborhood, why?

    Knowing that most people are stupid why risk it?
     
  4. pharmer

    pharmer Member

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    Instead of trying to figure out what he was doing illegally, wouldn't it be better to assume he was doing nothing wrong? At least on a GUN board it would seem logical. Joe
     
  5. thrasher64

    thrasher64 Member

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    When I last lived in an apartment I walked around the parking lot with my ar-15 over my shoulder and no one flinched. (mostly just taking it from my car to my apartment building) The Black rifles are just a bit less scary I guess. :evil:
     
  6. budney

    budney member

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    I imagine that if he was waving it around, glaring at people, or otherwise acting like he was about to go off, the reporter would have played that to the hilt--so the likelihood is that he was just walking down the street. I'd certainly hate to be arrested just for patrolling my neighborhood with my Homeland Defense Weapon slung over my shoulder. :D

    Then again, this seems like a damned-either-way situation. If it turned out that this was a terrorist walking down the street with a Kalashnikov, and nobody called the cops until after he opened fire on a schoolyard, what would we be saying about those townsfolk in this thread? :confused:

    --Len.
     
  7. Well Regulated

    Well Regulated Member

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    Exercising his constitutional rights, including the right to free expression. That's all. The Constitution overides the common law charge of breach of the peace. Open or concealed carry is a choice of the individual and their right to free expression.

    What is your intention in questioning this man's constitutional rights? Do you have a need to tell people how they "should" exercise their constitutional rights?
     
  8. ServiceSoon

    ServiceSoon Member

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    I hope he has good legal representation so he doesnt set bad precedent for people in his district.
     
  9. Molon Labe

    Molon Labe Member

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    What a bunch of BS. :cuss:

    If people are nervous about someone carrying a rifle, that's their problem.

    I hope he sues the pants off the police department for a laundry list of violations, including Deprivation of Rights:

    -------------------------------------------------------
    U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242

    § 242. Deprivation of rights under color of law

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
    -------------------------------------------------------
     
  10. Kentak

    Kentak Member

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    It's interesting how people on this board react. A guy walking through a neighborhood with an AK47 shouldn't be given another thought. Nope, perfectly normal behavior. Yet, some unarmed drunk wandering into their yard should be presumed guilty of malevolent intent and vaporized with maximum firepower.

    I guess I'm a sheeple. I view things in a context. I see a guy carrying an AK47 in the parking lot where a gun show is being held and don't give it a second thought. If I spot a guy with an AK coming down my residential street, I'm going to get my family inside the house. I should *assume* he's harmless?! What kind of situational awareness is that?

    K
     
  11. hrgrisso

    hrgrisso Member

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    umm

    My question was not to question an individuals constitutional rights.

    But as a prudent individual who carry's and trys to be aware,alert. I'd notice a fellow strolling around with an AK.

    +1 Kentak ; Now I do agree with Budney about the reporter playing up any crazed actions.

    But as a fellow citizen I find this situation becomes a catch - 22. As a citizen I wants the right to have my guns and as long as I'm not a danger no one should care. But in todays society where people DO kill others it behooves us to be mindful of those around us. Including our own gun communitee. If someone is acting out of the ordinary, we should pay attention. It's been a while folks since I've seen the street patrolled with an Ak.
    So the real issue as I see it is not that he was carrying his rifle. Or that the neighbors called the cops. I see the issue is that the law then it looking for a way in which they can charge him. That seems to be where we should place our anger.
     
  12. Well Regulated

    Well Regulated Member

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    If the guy did nothing wrong, why would anybody care? And if the townsfolk were armed, trained and disciplined like the Constitution requires (well regulated), they would know who the guy was and or shoot back. You can't stop murder, it's part of human nature. But you can choose to live in a free state and minimize the damage to your liberties and the effects of those who choose to murder.
     
  13. Im283

    Im283 Member

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    +1

    Don't ever forget "IT" is always about money and arresting someone generates income for the courts where this happened. Money is always the bottom line.
     
  14. tmajors

    tmajors Member

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    How was he carrying? Did he have it slung on his shoulder (probably), or was he carrying it patrol style with hands on grip and foregrip? Big difference here in presentation.

    My bet is it was slung and his neighbors are just idiots.
     
  15. Geno

    Geno Member

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  16. budney

    budney member

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    Well Regulated: agreed. Just noting that situational awareness includes spotting unusual things like... guys with long arms over their shoulders. I'd love it if folks bearing arms were so common that people wondered what was up when they saw an unarmed man.

    --Len.
     
  17. crazed_ss

    crazed_ss Member

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    Umm.. a guy walking down the street with an AK is totally out of the ordinary. When things are out of the ordinary, it should put you on alert if you're a person who is into situational awareness.

    Personally, I'd quickly vacate the area if I saw some guy outside with an AK. Im not gonna be naive and assume, "Hmm.. maybe this guy is on a stroll enjoying his 2nd Amendment rights!" .. Im gonna assume bad stuff is about to go down, err on the side of caution, and get the hell out of there.

    Of course Im just a sheep from CA though :)
     
  18. pacodelahoya

    pacodelahoya Member

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    I don't have a problem with the police checking on him, it's the trumped up charges that get my goat. As to the guy with the BBQ, no one advocated shooting him, and it's comparing apples and oranges since one act was illegal(trespass) and one wasn't.

    Kentak, what would you do if some one walked into your back yard and fired up your grill? Call the cops right? Ok what happens when they don't get there for 15 or twenty minutes? How big do you let the fire get?

    there is a lot we don't know about that BBQ, the rifle guy, well even the cops admit they had to trump up a charge.
     
  19. CajunTim

    CajunTim Member

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    So if he was carrying an airsoft would he still be facing the same charges of disorderly conduct? They both appear similar and the neighbor would not have been able to tell the difference so his actions would have been the same.
     
  20. Molon Labe

    Molon Labe Member

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    Not me. I would shout, "Nice AK!"
     
  21. SG Merc

    SG Merc Member

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    In the past I've worked as a prop master for films and photo shoots where airsoft guns were used as prop weapons.

    One scene that we were filming was an inner city scene of a building raid. People who didn't know what was going on called the police (even though we were already cleared).

    Some people just aren't used to seeing weapons in their day to day lives, don't own weapons, and maybe just don't care either way. But what these people do see are TV show and news reports of shootings--they're exposed to this every single day. To call them anti-gun is jumping to conclusions. Brainwashed? Yes (harsh but more likely than radically-anti-gun).

    After all does the average Joe who doesn't own a gun actively work towards trying to ban them? Probably not. The anti gun community is not that spread out.

    There are certain parts of the country where this is not the case though, and carrying in that style would be seen as the norm. But unfortunately in our ever expanding cities this is not usually the norm.

    It may be legal for this gentleman to have walked into a bank with his AK (as long as they didn't have a weapon policy), but that doesn't mean that it would be wise to do so. Common sense can go a long way to keeping one out of trouble.
     
  22. nwilliams

    nwilliams Member

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    Couldn't agree more, well put. I would take it a step further and be at my window watching him with my AR at my side. Who knows what this guy could be up to, maybe no good, maybe nothing at all. I certainly wouldn't take any chances.
     
  23. pacodelahoya

    pacodelahoya Member

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    Might be my son in law walking over to show me his new toy.
     
  24. McCall911

    McCall911 Member

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    I don't think disorderly conduct will fly in court under Alabama law:


    http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

    But commonsense should dictate that some guy walking around with a loaded rifle in a neighborhood inside a city limits is either off his hinges or up to no good. Sheesh!

     
    Last edited: Jul 17, 2007
  25. Double Naught Spy

    Double Naught Spy Sus Venator

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    Well, you got it part right and part wrong. He was not arrested for legally open carrying an AK47. He was arrested for scaring people which translates into disorderly conduct. I thought the article made that quite clear...

    With that said, I do have a problem with the arrest...
    This is where the jury will have to do its thing. If the man was doing something legal and unbeknownst to him he was causing some sort of panic without endangering anyone, then how would he know to cease said activities and hence remain legal? Now if he knew he was scaring folks, that is a different matter.

    Smart gardener. If a guy you don't know is carrying a rifle down the street like that in a place where you don't normally see such activity and don't know the purpose for carrying the gun, then it is prudent to consider being elsewhere.

    Of course, had the guy opened up and started killing people, after people watched him walking down the street and did nothing other than gawk, then we would be ranting on how the people were stupid for not assessing the situation as being a possible threat and responding accordingly. We would still call them blissninnies and sheeple with no situational awareness.
     
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