Please Help – Arrested In Westmorland County for Open Carry

[Jom]

I will say that Charlie Conway is probably the only Judge I'd want to be in front of. I feel that he is a very fair man. From what I can tell based on the little information you provide and all the information the police provide; you are at least guilty of bad judgement.

If I 'read between the lines' and you're asking me to understand that you were transporting your rifle down the street to an impromptu shooting range and didn't at least have a case or soft bag to carry your rifle in then I think that was poor form. I just hope it doesn't cost you all your gun rights for the rest of your life.

I hope that your side fills in additional details that makes this a simple misunderstanding.

[9orangeletters]

You're comparing a holstered gun to one pointed towards a public roadway and assumably the people on said road?

I don't feel those are comparable in any way........

We don't know for sure that he was doing anything other than carrying the firearm. We don't know for sure in what manner he had it, and where the barrel was actually pointing.

The only thing we have to go on is the arresting officer's statement, and we all know that cops never lie, right?

ETA: What if he were carrying in this manner: http://www.usgalco.com/Catalog/large/OHS-4.jpg For the sake of argument, he could have been carrying in the bottom left hand manner in this picture, the "rear sweep" http://images.bidorbuy.co.za/user_im...ionsCenter.jpg

[mollymayhem82]

*snicker* First post, and you come in with this attitude?

An AR-15 is not an M-16, that's a pretty big distinction.

As far as "at least 3 people saw you waving an M-16 in public", we only have the cop's side of the story, and rightfully so, the OP did not (and should not) post his side yet because of the impending legal proceedings.

Regardless of his intentions when he left his home with the firearm, as long as it doesn't come to light that he was doing something illegal with it, there is zero distinction between a pistol, bolt-action rifle or military-style AR-15. There is also no prohibition to be on foot with a round in the chamber.

I suppose you also had a problem with Mark's little encounter in Philadelphia, as well?

Having a rifle slung over your shoulder is one thing, carrying it in your two hands while it's loaded, chambered, and ready to fire is another thing. And neither of them is anything close to walking down the street with a handgun in a holster.

[XD45]

We don't know for sure that he was doing anything other than carrying the firearm. We don't know for sure in what manner he had it, and where the barrel was actually pointing.

The only thing we have to go on is the arresting officer's statement, and we all know that cops never lie, right?

ETA: What if he were carrying in this manner: http://www.usgalco.com/Catalog/large/OHS-4.jpg For the sake of argument, he could have been carrying in the bottom left hand manner in this picture, the "rear sweep" http://images.bidorbuy.co.za/user_im...ionsCenter.jpg

Per the account of the witnesses and police that's not how he was carrying it soooooo?

ETA: Did you even read the reports? I'm gonna guess you did not

[MWAG]

I have no idea what happened, for all I know he was aiming at cars as they went by. What I do know is that I would not take a police report as truth, nor would I trust witnesses who may not have any idea how a gun should be carried, and probably feel that it shouldn't be carried in the first place. Like most others are saying, the OP should not post another word about this without a good lawyer's consent.

[Shisno]

I love how the cops always throw disorderly conduct in there....

[donm]

I believe that most of you can read between the lines in the report and discern between the true and false information.

Perhaps I'm particularly dense, but I don't see much "between the lines." IF the report is reasonably accurate and he thinks that the police didn't understand the law and that what he did was fine, I think he's screwed. Perhaps video from the police cruiser will turn up at some point and resolve the issue.

[whoshisface]

We're missing a lot of info.


If he didn't end up in a cell i venture to say the cop really didn't think he was a real threat..

Lets test this out logically (not in reality please)

We know its not illegal to have a fully loaded 50000 round huge monster of a a rifle loaded, openly displayed and carrying it down the street.

There is really no disputing that.

Now if you take said rifle and carry it in-front of you pointing it, I think that can be perceived as a potential high threat situation and I don't think anyone here can really argue that it wouldn't raise the hair on the back of anyone's neck.

Now turn around a sweep an officer.

Holy cow! The fact he didn't unload is amazing.

so the officer does the right thing, something in his head said hum I don't think this guy is going to take shots at me but I'm making him get on the ground just in-case.

I'm a skeptic of stories but it sound pretty reasonable if this happened this way.

Now He's secured the rifle and the suspect..

Looks though his stuff takes the rifle and ammo and gives him back everything else with a citiation? and lets him go? I must be missing something.

Because I can guarantee that if the officer thought he was really threatening that his ass would be in jail that night...

Maybe I missed it maybe he was put in jail?

Either that of the officer realized this guy wasn't a real threat but rather just stupid in his method of carry.

In which case... Neither of these charges hold up (at least not the dc) the RE might but only for the officer unless he did the same thing directly to another, though I think the OP (if the story is accurate) wasn't exercising good judgment.

[zeroflat24]

So maybe this is a stupid question, if you are openly carrying a fire arm, does it have to be secured in a holster of some sort? Or could you carry it cocked/locked safety off down the street. I think you were screwed from the get go carrying an AR down the street. Seems like whoever called it in is probably a nebby neighbor who has nothing better to do.

[whoshisface]

So maybe this is a stupid question, if you are openly carrying a fire arm, does it have to be secured in a holster of some sort? Or could you carry it cocked/locked safety off down the street. I think you were screwed from the get go carrying an AR down the street. Seems like whoever called it in is probably a nebby neighbor who has nothing better to do.

I know of no provision that makes this illegal unless you are purposely doing so to cause panic or harm and that magically by doing so you risk the gun magically going off and shooting someone. IMO the safety is the trigger, don't pull it the gun doesn't go bang.

That being said I'd understand completely why someone could perceive the described manner of walking as threatening IF he pointed the firearm at that person. Otherwise when some nut shot anyone and you were a witness, that would be another count of RE and DC..

I think to be authentic the threat would have to be directed explicitly at you.

At most this DC can only be one count if this pertains to just his one travel.

AND you have to prove it was his INTENT to cause panic, I don't think that was the case.

As for RE, my guess is that only the officer himself could argue that.

That being said its obvious the officer didn't think the actors intent was to threaten or harm anyone..