Please Help – Arrested In Westmorland County for Open Carry

[KnownAssociate]

Please Help – Arrested In Westmorland County for Open Carry

I hate that this has to be my first post on PAFOA, I am new to the forum however I am an experienced firearm owner and open carrier. I am going to need any help that you guys can give me, especially any financial or legal aid if possible.

I am quite familiar with Title 18 of the PA code and even more familiar with the Uniform Firearms Act, I have read it several times over and memorized most of it. So with that said I am aware of the laws that are applicable to the situation here in the Commonwealth. However unfortunately as you guys are well aware, just because you have every right to do something and the law is on your side dose not mean that someone is not going to attempt to make something out of nothing.

I was arrested by the Delmont Borough Police on October 30th 2011 around 9:45AM

I am facing five counts and property loss:

(3) Title 18 2705 – RECKLESSLY ENDANGERING ANOUTHER PERSON
(2) Title 18 5503 – DISORDERLY CONDUCT
Close to $2000.00 in property plus the additional legal fees and costs incurred.

I was located in Salem Township with in Westmorland County, on one of the roads that I happen to grow up on. There is nothing new to this situation other than the fact that I have some legal problems on my hands now.

I have been summoned to appear on December 13 2011 at 10:45AM at MD 10-3-02

Below I am disclosing the police report as it is handed out in the borough office to inform the public which was obtained at the November meeting, and then also the incident report that has been filed by the officer. I have removed my driver’s license number from the report and my residence address for privacy reasons, nothing else has been altered.

PLEASE IF ANYONE CAN GIVE FINANCIAL AID IT WILL BE APPRICATED MORE THAN YOU WILL EVER KNOW. If you can help me in any way please PM me for a PayPal and or mailing address. I am open to any suggestions that members would like to give on this, I have been able to retain an attorney for now but I doubt that this is going to wrap up anytime soon. If I am lucky enough to have that happen I will be more than happy to return all unused money back to donors. I will also be more than happy to meet anyone at the County Court house or a local restaurant if you would like to check me out first, the only reason I am asking is times are tough and I am making it unemployed with out a single cent from the taxpayer. My father raised me that you pay your debts before you eat, and you do not expect anything from anyone; ever. I also welcome anyone that would come to my hearing and or trial; your presents would make me feel a lot safer at this proceeding, who knows what’s going to happen.

I am not going to disclose my account of what happened that day until after the hearing and then most likely the criminal trial due to the ongoing legal ramifications. I believe that most of you can read between the lines in the report and discern between the true and false information. I will give a play by play account of what happened after the proceedings are finished, along with some background information that applies to all the parties that are involved.

However I will inform you guys that I shot my first rifle on the property adjoining where I was arrested which was before I even knew what elementary school was. That I also have a good reputation with in the community, hold a valid CCW permit, was going to get a class III NFA license before my finance problems, and have went deer hunting with one of the arresting officers superiors. Last for anyone not from the area Delmont is a 1.1 square mile borough with less than 2,500 residents, is in economical decline, with a police force that includes four full time officers, nine known part time officers, three current patrol vehicles, and well over a quarter million dollar operating budget which is approximately 30% of the entire revenue according to public record.

Thank you,

Charles

[KnownAssociate]

October Police Report From Meeting:

[KnownAssociate]

Incident Report:

[Ten*K]

I understand your concern about legal representation, but if you committed no crime you need to obtain a lawyer to guide you and worry about cost later. You will most likely recieve a private message to get details of your case. Do not post details openly.

Keep calm, keep quiet, and be prepared for a lot of activity.

[Exbiker]

Get a good lawyer, don't post or talk about it. Not sure how any financial hardship the township has will help you.
IF that muzzle was pointed toward an occupied building or the LEO you may be shit out of luck.

Your history although irrelevant isn't great. Starting at age 12 for truancy. Also a do fighting and one do with damaging property.

[tacticool]

Okay so I looked up the docket on the pacourts website to confirm that this wasn't some extremely elaborate troll: http://ujsportal.pacourts.us/DocketS...R-0000227-2011

According to the incident report, the arresting officer claims that you were
1) carrying the weapon in your hand in public
2) pointing the weapon toward traffic
3) walking in a combat stance

If these claims are true, then you are clearly guilty as charged. These actions present every indication of an imminent hostile threat. No reasonable person could observe those actions in a normal public setting and not view you as a threat.

As for the other claims of the weapon being a rifle, having a round in the chamber, and being off-safety, I don't think they have any bearing on the case. It's legal to open carry a rifle and waving around a handgun would make you just as guilty as waving around a rifle. Many people carry in condition 1, and carry many more rounds than they are likely to need. Your weapon condition and ammo load are not observable to a casual observer anyway. They may be used to make a case for your intent after the fact, but they are not criminal actions in themselves. For these reasons, I believe the first three claims are the only ones which would make your actions criminal.

With regard to your request for financial support for legal fees, you are going to have to convince people that those claims are false. Nobody is going to want to support you if they think you're guilty. I would need to hear a version of the story which disputes those three claims. Some of the questions I would need to have answered are:

1) Why were you at the location that you were at when you were arrested? Where were you going? Where were you coming from?
2) Why were you carrying a long gun rather than a handgun?
3) Did the rifle have a sling on it? If it did not, then that would tell me that claim (1) is true and you are guilty. I believe that someone walking around in public with a firearm in hand presents a threat.

Awaiting your reply.

[Ten*K]

DO NOT POST REPLIES TO THESE QUESTIONS. WAIT FOR A SENIOR MEMBER TO CONTACT YOU DIRECTLY

[tntblaster]

You have a lawyer already, I suggest you continue talking with them. IMO if you were walking around pointing your firearm at a person/residence etc then you ARE guilty of disorderly. I don't know all the facts as you've said you won't dislcose much until after the court case.

I find it unlikely you will get a lot of financial aid from the people here based upon the information you've provided. I would suggest looking into alternative funding sources.

[mollymayhem82]

Fully loaded, safety off, and a round in the chamber?

[XD45]

Sounds like you're lucky to be alive.

Please disregard all misinformation about not posting more details, I don't wanna to have to wait until you're out of jail to hear what your reason for pointing an AR-15 at oncoming traffic would be.