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Open Carry False Arrest: City Pays to Settle Civil Lawsuit!!!

Discussion in 'General Gun Discussions' started by scrat, Sep 5, 2008.

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  1. scrat

    scrat Member

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    http://www.2theadvocate.com/news/27706824.html?showALL=y&c=y
    http://opencarry.mywowbb.com/forum66/15712.html

    Mark Marchiafava says he’s earned the right to wear his .357-caliber Magnum pistol in a hip holster in Gonzales.

    And, he says at a local mall, city residents paid him to demonstrate that right.

    “I wish the taxpayers of Gonzales knew just how much money it is,” the 55-year-old Marchiafava adds.

    In January 2006, the longtime Baton Rouge resident was at the same mall, wearing the same pistol, when a Gonzales police officer asked him why he was carrying a gun.

    Marchiafava says he told the officer that non-felons can legally carry firearms that are not concealed.

    That exchange led to Marchiafava’s arrest on a count of illegal carrying of a weapon. The arrest led to an hours-long stay at the Ascension Parish Prison.

    But the case later was dismissed, and Marchiafava’s bond and weapon were returned to him.

    Marchiafava didn’t let the dispute fade away. He sued for violation of his constitutional right to bear arms. The city recently settled the case by paying Marchiafava an undisclosed amount of money.

    “I can’t disclose any client confidences,” said Bradley C. Myers, a Baton Rouge attorney for the Gonzales Police Department. “The details are confidential, not the fact of the settlement.”

    So why pay Marchiafava?

    “It was just a business decision that everybody makes during a civil suit,” Myers said.

    “There are risks in all litigation and costs to defend litigation,” Myers said, adding that city officials weighed those risks and costs before opting for a settlement.

    Marchiafava won’t talk dollars and cents, either.

    “The confidentiality agreement prevents me from disclosing that amount,” Marchiafava said.

    But he said the settlement would “buy someone a brand-new motorcycle.”

    “All of this could have been avoided,” Marchiafava said. “I kept telling them: ‘Don’t arrest me.’”

    After his arrest, Marchiafava said, Police Chief Bill Landry told other people: “‘We have a policy of arresting anybody carrying any type of firearm without a concealed-gun permit.’

    “It’s not the people who are openly carrying weapons that you need to worry about,” Marchiafava said. “It’s the people who carry concealed guns that you need to be concerned about.”

    Marchiafava said he remains concerned that someone else may someday be arrested under similar circumstances because: “In Gonzales, the law is whatever the cops say it is.”

    That’s not correct, Chief Landry said.

    “We will follow the law as prescribed,” Landry said, adding that the law permits carrying a firearm in an unconcealed holster. But Landry will not discuss the case further.

    “I’ve got no comment on that,” Landry said. “I’ve got no comment.”

    Donald North, a professor at Southern University Law Center, said Marchiafava has the legal right to carry a firearm in a holster on his hip.

    North says carrying the firearm in that manner falls under the same law that requires hunters to keep their shotguns and rifles on gun racks visible through the rear windows of their vehicles.

    “If you’re not concealing it, the statute does not prohibit your carrying of that weapon,” North explained.

    “This only applies to law-abiding citizens,” the professor said. “Convicted felons can’t do this.”

    North adds that he is merely explaining the law, not advocating a particular behavior.

    “I’m not trying to suggest we should go back to the days of the Wild West,” North said.

    Marchiafava says he does not regret carrying the pistol — even when it draws unwelcome attention from police officers.

    He says other people should exercise their right to lawfully carry firearms.

    “When they (police officers) shoved a gun in my face, I was thinking: ‘These guys are dangerous.’
     
  2. pbearperry

    pbearperry Member

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    Open carry at Malls is just plain idiotic.Open carry in the woods,desert,open plains is fine.It's time to be just a little smarter than the antis.
     
  3. Eric F

    Eric F Member

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    well not my flavor but if your legal then your legal and feel free.
     
  4. SomeKid

    SomeKid Member

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    The poor yank in MA calls it stupid, even though the victim got a cash settlement for exercising his rights.

    Nothing like being paid to defend yourself.
     
  5. Aguila Blanca

    Aguila Blanca Member

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  6. Titan6

    Titan6 member

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    Hence the out of court settlement. Can't believe hs still has a job after all that.
     
  7. gyp_c2

    gyp_c2 Member

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    huh...

    ...so carrying a gun is idiotic...huh...
    I never would have thought I'd hear a member of the High Road say something like this... rauch06.gif
     
  8. SomeKid

    SomeKid Member

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    Blanca, you linked everyone to a locked thread.
     
  9. SCKimberFan

    SCKimberFan Member

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    IBTL This one will go too.
     
  10. pbearperry

    pbearperry Member

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    We have a lot of laws in this country that are stupid.You may be lawful walking into a Mall wearing a gun on your hip,but you may be shot by mistake by someone convinced you are a lunatic about to do mayhem.But yes you were legal.Groan
     
  11. SCKimberFan

    SCKimberFan Member

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    ^ Only in TPR of Taxachusetts.

    Most LEOs will detain and/or arrest you, unlawfully.
     
  12. SageMonkey

    SageMonkey Member

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    If its a RIGHT, then how is it "idiotic"?
    My understanding is that Rights are like muscles, and if you don't exercise them they atrophy. This case would tend to show that is true.
     
  13. conw

    conw Member

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    IMO you have a right to commit suicide, get your genitals pierced, or wear your underwear on your head.

    If it ain't hurting anyone, it can't be construed as criminal, so the gubbmint has no ability to restrict you from doing it (cf. corpus delecti).

    But, just because you have a right in no way makes it "non-idiotic" for that reason alone...
     
  14. Telperion

    Telperion Member

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    Indeed, they should. The city government here shouldn't be allowed to make a confidential settlement. Their books ought to be open to the public, and the taxpayers have a right to know how much the incompetence of their public servants has cost them.
     
  15. M&PVolk

    M&PVolk Member

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    Whether the guy decides to carry open or concealed isn't the issue here. The real issue is that the LE officer didn't know the law and performed an illegal arrest. What's even worse is that the chief says this will continue to be the policy! Even when they know the law, they are willing to violate it to prove a point. That's harassment, plain and simple.
     
  16. JesseL

    JesseL Member

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    So I suppose you can point to a case where that actually happened?

    Or are you yet another guy who thinks his hypothetical imaginings about the dangers of open carry are more meaningful than the experiences of those of us that actually do it (with no more dire consequences than comments like 'nice holster':eek:).
     
  17. scrat

    scrat Member

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    Exactly finally someone gets it

    if i were the guy i would do it again
     
  18. 230RN
    • Contributing Member

    230RN ^ The avatar says it all.

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    I understand, without being able to document it, that in a lot of civil cases, if you've got a big defendant by the huervos, they will settle out of Court, but only with an agreement that the settlement not be discussed by the plaintiff.

    That way, a judgement against them never appears in Court records, so that nobody else can use that case as a legal precedent.

    That's my understanding, but I could be wrong.

    Did I let any cats out of the bag, here?
     
  19. Drgong

    Drgong Member

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    The only reasion why I don't Open Carry is that I am worried a officer might say that I am conceal carrying a gun if my shirt untuckes and covers it.

    There is nothing wrong with Open Carry where it is legal, and it does a wonderful job of having people relize that guns are normal, and not only badguys have them.

    Though a retention holster is not a bad idea if you open carry. Most people who open carry don't get harrassed too much.
     
  20. JesseL

    JesseL Member

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    That's a big part of why I got a concealed carry permit. I can carry however I like and not worry.
     
  21. CliffH

    CliffH Member

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    Good for him!

    Wonder if it hurts when the police chief sits?
     
  22. Mil-Spec45

    Mil-Spec45 Member

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    I don't think there an actual RIGHT specifically listed in the Constitution that says "You have the right to commit suicide" and so forth.

    I also can't believe people on a pro-firearm website are criticising this man. Sure I personally don't like to open carry, and I suggest other's to conceal as well...but what's the big deal if someone open carries? Some of you people sound shocked at the idea, then call yourselves pro-gunners? If you are shocked at the idea, then what do anti-gunners think?

    My state has traditionally been an open-carry state. Just because most people don't do that anymore doesn't mean it's wrong or stupid. Why do some officers get shocked when they see someone else carrying a gun, yet don't expect people to be shocked because they themselves are open carrying a gun? Cops can be lunitics and start killing people too...I should know because I am an officer.
     
  23. John G

    John G Member

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    This would be the B in RKBA. Another win for the good guys.
     
  24. chris in va

    chris in va Member

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    Guess I'm an idiot then? Nice.

    Uh huh. Sources please?

    Look, understand something about open carry. At least in VA, for the most part people just leave you alone or ask about your carrying in a neutral/educational way or actually say something positive. I've only had one negative comment from a ninny that simply wasn't up to speed on the process.

    It's in a holster. A nice leather or kydex one. If someone comes in to 'blast away at people', do you really think it'll be in a holster? Every account I've read about mall shootings, the guy either had the weapon tucked under something (Colorado Springs) or just walked in with it drawn. I really get tired of these myths floating around from people that don't actually open carry on a regular basis.

    Sure, you get looks. Sure, you have whispers. But that's fine, it's perfectly legal and provided you don't look like the 'trenchcoat mafia' or some stupid outfit, you're good to go. I cringe every time I'm around this certifiable gun nut that open carries TWO 1911's in shoulder holsters, plus has multiple knives on him. Bad juju.
     
  25. FourTeeFive

    FourTeeFive Member

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    WHY?

    I was driving through AZ and stopped at a Wal-Mart in Prescott AZ. Walking through the aisles here's a guy with his wife and kid and the guy's got a good sized revolver on his belt. No big deal, and nobody else seemed to care. Lots of people open carry in parts of the USA where you have no other choice. And guess what; nobody cares!

    So why is it idiotic? Because it ISN'T playing into the hands of the antis by saying that guns are not socially acceptable? I strongly disagree.
     
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