Norfolk VA open carry case wins

[PennsyPlinker]

Not a complete victory perhaps, since the city chickened out at the last minute. But at least, they knew they were in the wrong, even though they won't admit it. I think the judge was a little weasely (is that a word?) too. But progress is being made! Maybe we should email this to Dickson City. And Sheriff DeLeo. And the PSP out there picking on MtnJack.

http://hamptonroads.com/2008/12/norf...un-arrest-case

A Yorktown gun-rights advocate who sued Norfolk after his arrest at Town Point Park for openly carrying a handgun will receive a $15,000 payout to settle the federal lawsuit.
Chester "Chet" Szymecki Jr. sued the city after his arrest in June 2007 on a charge of violating a city ordinance prohibiting firearms at Harborfest. The city later learned that the ordinance is unenforceable because state law prohibits localities from regulating firearms.
Szymecki sued in U.S. District Court claiming violations of his Second Amendment right to bear arms, but a judge threw out that part of the case. The judge ruled, however, that city police may have violated Szymecki's privacy rights by demanding his Social Security number.
The case was scheduled for trial Tuesday.
City Attorney Bernard A. Pishko said the settlement avoids the high price of going to trial. The city did not admit any wrongdoing, he said.
Pishko said the police are aware of the rights of gun owners, largely because of several high-profile disputes involving gun-rights activists in Norfolk.
"I think the police are very aware, more aware than they might have been before," he said.
A federal judge threw out a related suit by Szymecki's wife, who claimed a sheriff's deputy violated her rights during her husband's arrest.

[Pa. Patriot]

Also, this is only part of the suit... More to come (?)

[PennsyPlinker]

I don't know. This was all I found in the article. But then again, I am not privy to all that is going on with you "lawbreaker" types.

[jahwarrior72]

Szymecki sued in U.S. District Court claiming violations of his Second Amendment right to bear arms, but a judge threw out that part of the case. The judge ruled, however, that city police may have violated Szymecki's privacy rights by demanding his Social Security number.

this is part that bothers me. what if he didn't have his SS# on him? or he didn't memorize it? does that mean he'd have no case? the judge is an idiot.

[PennsyPlinker]

this is part that bothers me. what if he didn't have his SS# on him? or he didn't memorize it? does that mean he'd have no case? the judge is an idiot.

Yeah, it bothers me too. It is sort of like the Feds getting Al Capone on tax evasion when he was guilty of multiple murders. Yeah he got jail time, but was justice really served. I think it is progress, but it is almost like they are fighting it any way they can.

[headcase]

I wonder when the judge actually threw out the 2A portion, before or after Heller.....and I also wonder if that is being appealed....

[WhiteFeather]

Yorktown gun-rights advocate who sued Norfolk after his arrest at Town Point Park for openly carrying a handgun will receive a $15,000 payout to settle the federal lawsuit.
Chester "Chet" Szymecki Jr. sued the city after his arrest in June 2007 on a charge of violating a city ordinance prohibiting firearms at Harborfest. The city later learned that the ordinance is unenforceable because state law prohibits localities from regulating firearms.
Szymecki sued in U.S. District Court claiming violations of his Second Amendment right to bear arms, but a judge threw out that part of the case. The judge ruled, however, that city police may have violated Szymecki's privacy rights by demanding his Social Security number.
The case was scheduled for trial Tuesday.
City Attorney Bernard A. Pishko said the settlement avoids the high price of going to trial. The city did not admit any wrongdoing, he said.
Pishko said the police are aware of the rights of gun owners, largely because of several high-profile disputes involving gun-rights activists in Norfolk.
"I think the police are very aware, more aware than they might have been before," he said.
A federal judge threw out a related suit by Szymecki's wife, who claimed a sheriff's deputy violated her rights during her husband's arrest.

How come you still have to give your Socialism inSecurity Number to get a hunting or fishing license?

So did the city repeal its ILLEGAL firearm law yet?

Save the city high cost of going to court for a ILLEGAL firearm law that they had no right to enact. Hey PA city council's and mayor's did you read that and your attempting to enact your own version of Illegal Lost & Stolen firearm ordinances could save the taxpayers the cost of going to trial.

So how come the people that are so called LAW ENFORCEMENT, that are paid to know the laws, (can't enforce what you don't know) have no idea of what the firearm laws are or what people rights are?

What are the "good" LEO going to have to pay for their mistakes and violating people rights? What is going to cost them personally?
We all heard it before "it was a mistake", "we are just incompetent" and the rest of the same lame excusses we hear from the government...... except the Citizen has to bear the cost of their mistakes of learning how to be "law enforcement"

We need to return to the PEACE OFFICER concept, get rid of Law Enforcement" mentality then wouldn't have these kinds of lack of knowledge arrest by police that should know the law.

[Pa. Patriot]

We need to return to the PEACE OFFICER concept, get rid of Law Enforcement" mentality then wouldn't have these kinds of lack of knowledge arrest by police that should know the law.

And we need to get rid of the asshats in law enforcement that think that they can make you do whatever they please. The ones that think the Constitution be damned, I'm a cop, you'll do what I say.
I'm so sick of hearing of folks get harassed for what amounts to "because I said so" from LEO's.
Who cares what you think, come back when you have PC.

FIRE THEM

Good LEO's should be calling for these peoples heads. They are the ones that give LEO's a bad name.
There should be zero tolerance for that crap from the departments.

[mikey]

I remember this case from open carry forum. He is active duty Navy and they did more than violate his rights. And, what they did to his wife and kids (left them standing on the streets of down town Norfolk, alone with no car keys) is appalling. They also threatened to arrest her for trying to ask why her husband was being arrested.

I spent a good amount of time in Norfolk (4 1/2 years) and I can tell you about some crooked cops in that town. It makes me sick to think the city is not guilty of any wrongdoing. They are guilty of plenty.