Mtn Jack's Arrest and Legal Info Thread

[lildobe]

UPDATE: Trial scheduled for Tuesday, July 14 at 0900.
See this post for details:
http://forum.pafoa.org/open-carry-14...tml#post810618 (Mtn Jack's Arrest and Legal Info Thread)


(A note - all news articles posted here are copyright their respective owners and are included here under Fair Use)

This is a quick summary of what happened to Mtn Jack. It's organized into four sections. (1) The initial event thread and when we were told about what happened. (2) News Stories from various media outlets (3) Cold Hard FACTS from Pa Patriot, who has been in contact with Mtn Jack since the incident. and (4) Miscellaneous Information relating to the incident.

As more information becomes available, we will add to this thread. The thread will be locked to keep superfluous discussion out, and leave only the facts of the incident and resulting actions. For general discussion regarding the incident, please go here: http://www.pafoa.org/forum/concealed...ally-site.html

--------------------------------------------------------------------------

On Friday August 29th, 2008, it was reported on OpenCarry.org that Mtn Jack was arrested in a park across the street from the location that Senator Obama was scheduled to speak at later that evening.

Earlier that day, he had posted a thread to PAFOA about his intention to go to the rally:
http://www.pafoa.org/forum/general-2...ns-bibles.html

His original post:

Originally Posted by Mtn Jack

Bring your gun and Bible to Beaver tonite, lets show Obama how we hug our Bibles and guns. On a different note Pres McCain picked a gun toten women from Ak as his running mate. This is going to be good.

Stay safe Mtn Jack

--------------------------------------------------------------------------

The story was quickly picked up and sensationalized by the media:

http://www.timesonline.com/articles/...2890214530.txt

Man arrested for having gun at rally

By Bill Vidonic, Times Staff

BEAVER — An Industry man is facing a disorderly conduct charge for attending the Barack Obama rally in Irvine Park with a loaded gun that was holstered on his hip, according to state police and the Beaver County sheriff’s department.

John Noble, 50, was questioned by police for several hours Friday night after the incident, in which witnesses said he also was passing out fliers with writing about gun rights.

John Atkinson of Vanport Township said he saw Noble passing out the fliers and noticed the small-caliber handgun strapped to the man’s waist. He said he quickly notified nearby deputy sheriffs, and deputies Joseph O’Sche and Rich Yonlisky approached the man as he walked along Market Street.

Atkinson said that when the deputies asked why he had a gun, Noble replied, “Because I’m an American,” and one of the deputies responded, “Well, you’re under arrest.”

Noble was hustled to a nearby vehicle, and state police took him to the Brighton Township barracks to question him.

Beaver County Sheriff George David said that Noble insisted he had a right to have the gun because he has a permit to carry it. It wasn’t clear late Friday whether Noble had a valid permit.

David said Noble “wanted to show his rights.” He said Noble never removed the gun from the holster or threatened anyone.

Noble’s arrest took place around 7 p.m., nearly 90 minutes before Sen. Obama and the rest of his campaign team arrived in Beaver.

Bill Vidonic can be reached online at bvidonic@timesonline.com.

http://www.thepittsburghchannel.com/...84/detail.html
http://www.msnbc.msn.com/id/26464328/

Police Charge Man With Disorderly Conduct At Presidential Campaign Event

POSTED: 12:24 am EDT August 30, 2008
BEAVER, Pa. -- A man armed with a gun and a Bible was arrested Friday at an event for Democratic presidential candidate Sen. Barack Obama in Beaver County.

WTAE Channel 4's news-exchange partners at the Pittsburgh Tribune-Review reported that a 50-year-old man brought a gun and Bible to the rally site an hour before it began at Irvine Park in Beaver.

The Trib reported that the man was protesting Obama's statement about Pennsylvanians looking to religion and guns because they are frustrated.

The man did not make any threats or gestures with the gun, and he did not take it out of its holster.

The Trib reported that the man will be cited with disorderly conduct as the investigation continues.

Authorities did not immediately release the man's name.

http://www.post-gazette.com/pg/08243/908351-100.stm

Industry man contests arrest outside Obama rally
Saturday, August 30, 2008
By Milan Simonich, Pittsburgh Post-Gazette

A Beaver County man who routinely wears a pistol on his hip says he was illegally arrested by local law officers before a rally for Democratic presidential candidate Barack Obama.

"I am a threat to no one. Mr. Obama doesn't trump my constitutional rights. The president of the United States doesn't trump my constitutional rights," said John Noble, who was handcuffed, questioned for about two hours and then told by state police that he would receive two citations for disorderly conduct.

Mr. Noble, 50, of Industry, said he wore a holstered Glock 19 when he entered the park across the street from the Beaver County Courthouse more than an hour before Mr. Obama arrived for a campaign appearance Friday night.

"I had a Bible in one hand and an apple in the other. I was going to pass out my fliers [on the rights of law-abiding Americans to carry guns], but I never got the chance."

State police in Beaver County referred questions about Mr. Noble's arrest to Trooper Shawn Schexnaildre, of New Castle, who was part of the law enforcement detail in the park. The trooper, who was to begin his shift later today, could not be reached immediately for comment.

Jim Gehr, agent in charge of the U.S. Secret Service field office in Pittsburgh, said the federal agency did not file any charges against Mr. Noble.

"Our people did talk to him. He never entered the event area," Agent Gehr said.

Mr. Noble said four or five law officers, plus a police dog, descended on him after somebody reported that he was wearing a pistol on his hip. He said they held him for 40 minutes in a Secret Service vehicle, then took him to the Beaver barracks of the state police for questioning. After being cuffed and shackled, he said, police eventually read him his rights. They also confiscated his pistol.

"Didn't even give me a receipt for it. There were lots of violations of my constitutional rights," Mr. Noble said.

After his arrest, his wife, Janet, handed out his fliers on citizens' rights to carry guns.

Mr. Noble said he had not decided whether to support Mr. Obama or Republican John McCain in the presidential election. He said he hoped Mr. Obama would call him to affirm the right of a law-abiding man to carry a pistol while a presidential contender visited.

Mr. Noble, a former body guard, said he used to carry his pistol in his clothing. But, he said, he has openly worn his handgun in a secure holster for the last four or five years. Nobody ever bothered him before, he said. He said he sometimes is asked why he carries a gun, and he explains that it is his constitutional right. In a practical sense, he said, he arms himself for protection.

He said he has a lawyer and may bring a lawsuit over his treatment by police.

Man says he had right to carry gun to rally

By Bill Vidonic, Times Staff

Published: Saturday, August 30, 2008 11:31 PM EDT
INDUSTRY — An Industry man insisted Saturday there’s nothing in the law that prevented him from wearing a loaded handgun to Friday’s presidential election rally in Beaver.

“I have it for protection, to protect my wife and my children,” said John A. Noble, 50. “I never gave it a thought. I wasn’t doing anything illegal,”

Noble, a horse and cattle fence builder, said he was simply standing with others at the rally, a Bible in one hand, and an apple in the other.

But it was the Glock 19 handgun holstered at his side that drew the attention of local and federal law enforcement. State police said just wearing the gun disrupted the event.

Noble said he had a handful of fliers that he wanted to pass out, spelling out gun rights.

Those fliers list Noble’s basic argument, citing a Pennsylvania statute that says a person may “openly carry a handgun in plain sight with no license.” Exceptions include in vehicles, in Philadelphia, and convicted felons.

To carry a concealed handgun, a person must have a state license to carry firearms.

Noble said he didn’t have a ticket to the rally, and he was standing with his wife, Janet, in McIntosh Park. While that area was fenced in, spectators did not have to pass through metal detectors to get into that area, as they did in Irvine Park.

In a news release, state police Trooper Shawn L. Schexnaildre wrote that Noble “breached the secured perimeter of a presidential candidate political rally with a handgun fully loaded, operational, holstered and exposed.”

Bystanders alerted police, and deputy sheriffs, Beaver police, state police and Secret Service agents took him into custody.

“(Noble’s) actions created a clear public alarm and caused a significant breakdown in the security measures at the rally” with officers abandoning their posts “to ensure his quick and safe apprehension and disarming.”

Friday, deputies and state police said that Noble never tried to draw his weapon and did not threaten anyone with it. Noble’s arrest took place more than an hour before Obama and Biden arrived in Beaver.

Noble never did hear Obama, as he was in state police custody until his release, and his firearm, which Noble said he has a permit for, was confiscated.

When questioned as to the wisdom of wearing a firearm to a rally with metal detectors, Secret Service agents, and dozens of local law enforcement, Noble replied, “His (Obama’s) rights do not trump mine.” He added he’s worn the gun in public for several years without incident.

Noble says he has an attorney, but said he’ll wait and see what charges he might face before deciding what course of action he’d take.

In the news release, Schexnaildre described the nature of the incident as disorderly conduct, and wrote that Noble faces misdemeanor grade charges that will be filed by state police; no federal charges have been filed.

Noble said his only previous criminal offense was “a speeding ticket while driving a church bus.”

“If it was that serious of an offense (Friday), I would be in jail,” Noble said.

Bill Vidonic can be reached online at bvidonic@timesonline.com.

http://www.pittsburghlive.com/x/pitt.../s_585890.html
Gun rights group protests arrest at Obama event
By The Tribune-Review
Monday, September 1, 2008

A gun rights group is calling on Gov. Ed Rendell to "order a halt to unlawful police-state tactics at presidential campaign events" after a Beaver County man was arrested Friday for openly carrying a gun near where Democratic presidential nominee Barack Obama later made an appearance.

The group, OpenCarry.org, accused state police of suspending the right to bear arms in Beaver by arresting John Noble, 50, of Industry. State police said Noble would be charged with disorderly conduct for carrying a loaded, holstered and exposed 9 mm semiautomatic because he breached a secured perimeter of a presidential candidate rally, creating alarm and causing a breakdown in security.

OpenCarry.org says Noble was not at the Obama event, did not attempt to enter the event area and broke no law.

http://www.timesonline.com/articles/...e040519053.txt
Industry man charged with disorderly conduct
By Bill Vidonic, Times Staff
Published: Friday, September 5, 2008 10:39 PM EDT

An Industry man intended to disrupt an Aug. 29 Barack Obama rally in Beaver by wearing a loaded gun holstered on his hip, state police said Friday.

John A. Noble, 50, of 1063 Willowbrook Drive, has been charged with one count each of disorderly conduct and disrupting meetings and processions.

In court documents, police said Noble “came to this proceeding with an agenda and a plan,” as he posted on a Web site prior to the rally that he was going to take his gun “to test what would happen.”

Noble said Friday evening, “Why would there be a test? I was just inviting others from our group. There was no test about it.”

Police said Noble posted messages on the Pennsylvania Firearms Owners Association under the user name “Mtn Jack,” which Noble confirmed is his user handle, urging other gun owners to join him.

In filing charges, state police Trooper Shawn L. Schexnaildre said “the accused’s political agenda and intent to disrupt the proceedings at the Obama rally were clearly evident by his own statement and actions.”

However, Schexnaildre pointed out that Noble did not violate the law by simply having the gun, as it’s legal in Pennsylvania to wear a weapon out in the open without a permit.

Police and Beaver County deputy sheriffs earlier said that Noble was in McIntosh Square, adjacent to Irvine Park. A witness saw the gun, a Glock 9mm handgun holstered on Noble’s waist, and notified deputies more than an hour before Obama arrived. Noble also had fliers about gun rights.

Schexnaildre said that when police first questioned him, Noble said he didn’t know Obama would be in Beaver until his wife told him about it just prior to their arrival. Schexnaildre wrote that was obviously untrue because of the Web posting.

Noble had a Bible in one hand, and when he was questioned as to why, Schexnaildre said, Noble responded that he “was there to show Senator Obama that Pennsylvanians do, in fact ‘cling to their guns and religion.’ ”

Obama was criticized for a San Francisco speech in April in which he said small-town Americans are “bitter.”

Schexnaildre said Noble’s answers indicated “his intent was to disrupt the proceedings.” The trooper added that Noble said “he did not think he would get within a mile of the senator, but was apprehended within 100 yards of the podium after crossing the outer perimeter barrier tape and being in a position to see no less than a dozen police officers.”

After being interviewed for a couple of hours after he was taken into custody, Noble was released and his gun confiscated.

Police and deputy sheriffs said Noble did not threaten anyone and did not try to reach for his gun when approached by officers.

Schexnaildre said Noble’s wearing the gun was alarming to others around him, thus the disorderly conduct charge.

Noble said, “I wasn’t trying to go to the rally. I wasn’t at the rally. I just wanted to see people walking around.”

Bill Vidonic can be reached online at bvidonic@timesonline.com.

CALL TO ARMS?

John A. Noble of Industry admits that he posted the following messages on the Internet prior to the Barack Obama campaign rally Aug. 29 in Beaver:

•In a posting dated Aug. 29, apparently just hours before the Beaver rally, Noble wrote, “Bring your gun and Bible to Beaver tonite, lets show Obama how we hug our Bibles and guns.”

•On the Web site OpenCarry.org, Noble posted a similar message, part of which read, “Come to beaver tonite and show Obama what a Bible toten gun owner really looks like. My women and i will be there with both in the open.”

[lildobe]

--------------------------------------------------------------------------

Forum Member bdevil73 got in contact with the Times Online reporter covering the case:

From: Brian Munoz <bmunoz73@comcast.net>
Sent: Fri 8/29/2008 11:55 PM
To: Vidonic Bill <bvidonic@timesonline.com>
Subject: RE: Man arrested for having gun at rally


For the record, in PA you do not need a license of any time to openly carry a firearm. If you are above 18 years of age and are not prohibited from owning firearms, you may openly carry them without a license provided you are

not in a vehicle. This is a right guaranteed by Article 1, Section 21 of the Pennsylvania Constitution and has been upheld by the PA Supreme Court. This man was arrested simply because someone did not like what he was doing even

though it was legal ad he was well within his rights do do so. Although I wasn't there and can not be 100% certain I believe the flier I have attached is the same one Mr. Noble was distributing. There is a lot of excellent

information concerning PA gun laws with cites to relevant statutes and court cases. I sincerely hope you will research this matter further and post a follow up article.

Sincerely,

Brian Munoz

---------------

Responce from Bill Vidonic:
Hi Brian...
Still trying to determine if he had a conceal-carry permit. If he did, he was not concealing the firearm.
However, John was in a secure area.
Thanks for the e-mail!
Bill V.

---------------

From: Brian Munoz [mailto:bmunoz73@comcast.net]
Sent: Saturday, August 30, 2008 10:21 AM
To: Vidonic Bill
Subject: Re: Man arrested for having gun at rally

Good morning MR.Vidonic,
Thank you for your reply. I am glad to see you are researching this story. If the firearm was carried in a manner that made it visible to anyone who passed by Mr. Noble, it is considered to be carried openly. One does not need to have any type of "permit" to carry in this manner. For the record, PA does not issue concealed-carry permits. What they do issue is called a license to Carry a Firearm, or LTCF. Possession of an LTCF is not required to openly carry a handgun unless you are in a city of the First class. Currently, Philadelphia is the only city considered to be such. For further clarification, possession of an LTCF does not mean you MUST conceal your firearm, only that you may. Possession of a LTCF does not determine whether or not someone is carrying a firearm concealed. It determines the persons legal ability to do so. The flier I provided for you in my initial e-mail contains a wealth of information on PA gun laws and provides cite for you to verify the information. It is a great tool to use in your research of this story.

In regards to the secure area, I was not at the rally but drove through town a short time earlier. I saw what areas were blocked off. Will you be publishing a follow up to explain exactly where Mr. Noble was arrested? Was he in fact within the security perimeter? I don't recall whether Market Street was cordoned off or not.

---------------

Responce from Bill Vidonic:
See Sunday’s paper..and yeah, saying concealed-carry permit is misleading...wrong phrasing on my part.
And you’re good..that’s the exact flier he was going to pass out.
I was happy though, when I talked to him this afternoon, he said he felt I was very fair to him in Saturday’s story. I was glad about that. I’m not out to trash anyone.
Thanks for all the information.

Formum member normanvin was also in contact with the author of the Times story:

Originally Posted by normanvin

I got a response from the aurthor.
-------------- Original message ----------------------
From: "Vidonic Bill" <BVidonic@timesonline.com>
> Hey Norman...
> Do you have a number for John? I'd like to talk to him this morning....
> Couple things...
> 1) I believe he WAS in a security zone, actually.
> 2) I am still trying to determine if he had a conceal-carry permit. If he does,
> he can't openly wear the gun like he did Friday.
>
> I appreciate the e-mails..thanks!
>
> Bill Vidonic

my response back

I have never met John. So I can not supply a phone number.

1.As far as I know he was on a public sidewalk.
2.There is no such thing as a concealed carry permit in pa. There is a license to carry firearms. yes he can carry a fire arm in the open like he was. Pa. is an open carry state. This means that you do not need this or any

license to carry openly.

--------------------------------------------------------------------------

Later that evening, after Mtn Jack had been released, he spoke on the phone with Pa Patriot. Throughout the past week, he has remained in contact with Rich. These are the cold-hard facts, from Jacks side:

Originally Posted by Pa. Patriot

I spoke at length with Jack on the phone and we will be posting some info tomorrow (Sat).

For now we know and will release this:
He was illegally arrested
His property illegally seized
He was NOT cited at the scene but was told he will be cited with at least two criminal charges.

Originally Posted by Pa. Patriot

I think the issue is pretty clear from the reports, eyewitnesses and facts of the event.

Jack passed no security check or imaginary unannounced "zone".
Obama was not there
The event area was not where jack was.
The area Jack was in was open to the public. There was tape on some sides of the parks adjacent to the rally park, but they were apparently crowd measures, unknown since they were not marked. Sidewalk repair?. Either way they were not security measures if people were free to enter the park and were doing so unhindered. Only Jack was singled out.

The secure area was well marked and established. Including metal detectors. This area was NOT where jack was.

Originally Posted by Pa. Patriot

The Secret Service vetted [Of or pertaining to an investigation, especially one that has been completed] and released him.

If he was in a "gun free/secure area" he would still be in FEDERAL prison.

As such there is absolutely NO question that he was not breaching any "secure" area.

Originally Posted by Pa. Patriot

Fact:
People were congregating in Macintosh and Quay parks with political signs (on sticks).

Fact:
Those signs-on-sticks are not permitted in the rally (beyond the security checkpoint) They only allow paper/cardboard signs with no "sticks". WHY is that? Because the sticks are "weapons".

Conclusion:
So since jack was arrested for apparently simply possessing a "weapon", those weapons (sticks) possessed by the other people in the adjacent parks should have been grounds for arrest too.

But none of them were arrested.

We also heard from two members who were at the rally, and confirmed that Mtn Jack was NOT in the "secure" area:

Originally Posted by joe15003

I was at the rally in Irvine park in Beaver PA. The Zip code for beaver is 15009. I checked google maps and the location where they are stating mtn jack as detained(arrested) was NOT in the area where secret service was doing searches. Please let me know if there is anything I can do. I can make phone calls, talk to people and I have let my family know what he did was not illegal

Originally Posted by BeaverHilltop

I was at the rally last night and while I did not see anyone get arrested I did get a ticket and was admitted into the secure area. Unless he sunk in (highly unlikely) I am sure he was outside the secure area. If he sunk [sic] in he would be in jail by now. I had to wait in a line 3 blocks long to pass through the metal detector. They found my wire framed glass and a dime in my pocket. I am positive they would not have missed a firearm or a person in line would have spotted it. There were plenty of people outside the secure area.

Greg Rotz made up a detailed map of the area in which the incident occurred, which can be seen here:
http://maps.google.com/maps/ms?ie=UT...b4dc29cd3&z=17



--------------------------------------------------------------------------

OCDO press release:

Formatted Version:
http://paopencarry.org/beaver/beaver.pdf
_______________________________________


Text version:

OpenCarry.org
For Immediate Release – August 31, 2008

PA Police Follow “Smoketown 6” (*1) Playbook in Beaver County!

Did Obama’s Secret Service Detail Order
PA Police to Suspend Right to Bear Arms in Entire Town?

Here we go again. When a Presidential candidate comes to town in Pennsylvania, Americans had better “watch what they say, watch what they do.” (*2)

Last Friday Beaver County resident John (“Jack”) Noble was just doing his normal thing – passing out some fliers about Pennsylvania gun rights in a park while openly carrying his holstered “small-caliber handgun.” (*3) And then the police began breaking laws.

Let’s be clear on the facts:

• Mr. Noble was not at the Obama event – he was merely in McIntosh Park “near the Obama event,” (*4) which was scheduled to be held later that evening at Irvine Park across Market Street. (*5)

• Mr. Noble did not breach “a secured perimeter of a presidential candidate political rally” as falsely alleged by PA State Police Trooper Shawn Schexnaildre, (*6) nor did Noble ignore any signs or warnings.

• Barrack Obama’s Secret Service detail appears to be implicated in the unlawful police action to clear the streets of any gun carriers (*7) throughout the town of Beaver, PA, just like they were implicated a few years ago in ordering the arrest of the “Smoketown 6” where President Bush drove through Pennsylvania.

“‘I am a threat to no one. Mr. Obama doesn't trump my constitutional rights. The president of the United States doesn't trump my constitutional rights,’ said John Noble, who was handcuffed, questioned for about two hours and then told by state police that he would receive two citations for disorderly conduct.” (*8)

But here’s the rub - Jack carries openly through that town routinely, and Obama being there does not change state law.

Unlike the “Smoketown 6” protesters, Jack Noble was not wearing a thong or “protesting.” Jack was just passing out fliers and openly carrying his holstered handgun – activities “clearly protected” by the Pennsylvania and federal constitutions. (*9) The idea of the police needing to verify Jack’s “permit to carry” (*10) (reported by one news outlet) is a canard – in Pennsylvania, like most states, no permit is required to openly carry a holstered handgun at age 18.

Further, as can be verified by one of several concealed carriers observing the police misconduct, Jack was in McIntosh Park, and not Irvine Park where Obama’s private event was scheduled to be held later in the evening. (*11) And Jack was not attempting to gain entry into, or get in the path of, Obama’s private event.

When “deputies asked why he had a gun, Noble replied, ‘Because I’m an American,’ and one of the deputies responded, ‘Well, you’re under arrest.’ Noble was hustled to a nearby [United States Secret Service] vehicle, and state police took him to the Brighton Township barracks to [interrogate] him.” (*12)

Adding insult to injury, Pennsylvania State Police officers refused to identify themselves to Noble, never issued a summons, but still confiscated his handgun without issuing a receipt as required by the Pennsylvania Uniform

Firearms Act which provides that

The owner of any seized or confiscated firearms shall be provided with a signed and dated written receipt by the appropriate law enforcement agency. This receipt shall include, but not limited to, a detailed identifying description indicating the serial number and condition of the firearm. (*13)

Nobody’s questioning the right of Presidential candidates to hold private events. But the Pennsylvania police must not become constitution-violating-goons for Presidential candidates or their Secret Service details.

OpenCarry.org calls on Governor Rendell to order a halt to unlawful police-state tactics at Presidential campaign events so as to preclude any more “Smoketown 6” or “Beaver County Jack” incidents.

###

Media Contacts:
PAOpenCarry.org Founder:
Rich Banks/admin@paopencarry.com
OpenCarry.org co-founders:
Mike Stollenwerk/Mike@OpenCarry.org
John Pierce/John@OpenCarry.org
__________________________________________________ _____
FOOTNOTES

1. See generally Shannon P. Duffy, Thong-Clad Protesters Stripped of Civil Rights Suit, Legal Intelligencer, May 23, 2008 (reporting that despite fact that disorderly conduct charges were dismissed, police Defendants in civil
   
   suit were “entitled to ‘qualified immunity’” because the wearing of thongs as expressive conduct (protesting Abu Graib Prison abuses in Iraq) was not “clearly established”), available at
   
   http://www.law.com/jsp/article.jsp?id=1202421637055.
   
2. See Ari Fleisher, at http://www.whitehouse.gov/news/relea...0010926-5.html (quoting Presidential spokesman as telling press “Americans . . . need to watch what they say, watch what they do. This is not a time for remarks like that; there never is.”).
3. Bill Vidonic, Man arrested for having gun at rally, Beaver County Times, August 29, 2008, available at http://www.timesonline.com/articles/...2890214530.txt. See also Man Brought Gun, Bible To Obama Event In Beaver, The Pittsburgh Channel.com, August 30, 2008, at http://www.msnbc.msn.com/id/26464328.
4. Brian C. Rittmeyer, Beaver County man defends carrying gun near Obama rally, Tribune-Review, August 31, 2008, available at http://www.pittsburghlive.com/x/pitt.../s_585805.html.
5. See map at http://tinyurl.com/5pjcwy provided by PAOpenCarry.org.
6. Brian C. Rittmeyer, Beaver County man defends carrying gun near Obama rally, Tribune-Review, August 31, 2008 (emphasis added), available at http://www.pittsburghlive.com/x/pitt.../s_585805.html.
7. Milan Simonich, Industry man contests arrest outside Obama rally, Pittsburgh Post-Gazette, August 30, 2008, available at http://www.post-gazette.com/pg/08243/908351-100.stm.
8. See, e.g., McIntyre v. Ohio Elections Com'n, 514 U.S. 334 (1995) (handing out fliers in public protected by First Amendment); District of Columbia v. Heller, 128 S.Ct. 2783, 2793 (2008) (“At the time of the founding, as now, to ‘bear’ meant to, ‘carry.’”); Id. at 2809 ("In Nunn v. State, 1 Ga. 243, 251 (1846), the Georgia Supreme Court construed the Second Amendment as protecting the “natural right of self-defence” and therefore struck down a ban on carrying pistols openly. Its opinion perfectly captured the way in which the operative clause of the Second Amendment furthers the purpose announced in the prefatory clause, in continuity with the English right.") (emphasis added).
9. Frankly, Jack is well known by the Beaver County police community as a frequent open carrier and holder of a background check vetted Pennsylvania License to Carry Firearms (needed to conceal carry) issued by the Beaver County Sherriff.
10. See map at http://tinyurl.com/5pjcwy created by PAOpenCarry.org.
11. Bill Vidonic, Man arrested for having gun at rally, Beaver County Times, August 29, 2008, available at http://www.timesonline.com/articles/...2890214530.txt. See also Bill Vidonic, Man says he had right to carry gun to rally, Beaver County times, August 30, 2008, available at http://www.timesonline.com/articles/...8582222905.txt.
12. 18 Pa.C.S. § 6105(f)(4) (emphasis added).

--------------------------------------------------------------------------

Other forum thread on this topic:
http://opencarry.mywowbb.com/forum46/15537.html
http://opencarry.mywowbb.com/forum66/15801.html
http://opencarry.mywowbb.com/forum66/15561.html
http://opencarry.mywowbb.com/forum66/15588.html

http://www.defensivecarry.com/vbulle...ama-rally.html

There was reportedly a thread on GlockTalk about this as well, but I've been unable to locate it at this time. If you have a link to it, PM me!

--------------------------------------------------------------------------

The arresting officer, Trooper Shawn L. Schexnaildre was found to be a 2005 academy graduate:

http://64.233.169.104/search?q=cache...ient=firefox-a

--------------------------------------------------------------------------

The FUNDRAISER for Mtn Jack's Legal Fund can be found here:
http://www.pafoa.org/forum/concealed...tain-jack.html

[Pa. Patriot]

As stated in OP.
If you want to "discuss" this incident, please visit this thread:
http://www.pafoa.org/forum/concealed...ally-site.html

Thanks for compiling this thread, lildobe.

All important updates will be copied to this thread from the main discussion thread linked above

[gnbrotz]

Preliminary hearing will be on 10/6 @ 9:00 am.

Beaver County District Court: 36-2-02
175 Friendship Circle
Beaver, PA 15009

Also, as posted in the fundraiser thread, we believe we currently have raised sufficient funds, unless something new develops. Because of this, we are suspending collections for Jack unless and until something new develops.

[gnbrotz]

Roll call info for Jack's hearing.

[Pa. Patriot]

Preliminary hearing was held on 10/6

Court decided to send charges to trial.

Report from member Lildobe from the scene on Monday:

Originally Posted by lildobe

After hearing the case, the judge held it over for further court action - several important points that still need to be addressed including his actual intent and weather or not he was creating a "Hazardous Condition" by carrying in the crowd.

Look for a report on WPXI about it tonight. I'll mirror that as soon as it's on their website.

I'll post more after lunch.

(Edited for spelling - my phone doesn't have spell check)

[Pa. Patriot]

{RSVD for posting Media stories following the preliminary hearing}

[Pa. Patriot]

Trial date scheduled...

Trial 03/09/2009 8:30 am Courtroom 7 Judge John Dohanich Scheduled

http://ujsportal.pacourts.us/DocketS...erID=201194192

[gnbrotz]

The transcript from the preliminary hearing is now available:

http://www.lildobe.net/PAFOA_Docs/mtnjacktranscript.pdf

[Pa. Patriot]

Mtn Jacks attorney intends to argue their pre-trial motion (Habeas Corpus) on April 9th at 9:30 AM.
This time and date are subject to change and we won't know until probably sometime in March that it is a go. However, right now that appears to be the date.

The trial date has been moved to the trial term beginning May 4, 2009.
It is a two-week trial term and we won't have an idea of where we are on the list until a week or two prior to the start of the term.