Quote:
While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said.
Sensibilities..........
What scares one person, might not scare another, that's an objective law
| Twin Cities Carry Forum Archive http://twincitiescarry.com/forum/ |
|
| Police plan arrest of rifle-toting man http://twincitiescarry.com/forum/viewtopic.php?f=24&t=6324 |
Page 1 of 2 |
| Author: | hammAR [ Fri Jul 20, 2007 8:59 am ] |
| Post subject: | Police plan arrest of rifle-toting man |
http://www.al.com/news/press-register/inde...&thispage=1 Police plan arrest of rifle-toting man Tuesday, July 17, 2007By RON COLQUITTStaff Reporter Mobile police said they plan to arrest a man today who scared people Friday evening as he walked through a Spring Hill neighborhood with a loaded, semiautomatic AK-47-style rifle. Officers confiscated the rifle Friday but could not take the man into custody until they had a warrant signed by both a magistrate and the man who made the complaint, Mobile police spokesman Officer Eric Gallichant said. Gallichant said that on Monday, a magistrate signed a warrant for a charge of disorderly conduct, and officers expected to obtain the signature of one of the witnesses today. Once that is done, the man will be arrested, he said. Gallichant said, however, that he would not release the man's name Monday because officers had not yet obtained the second signature needed to activate the warrant. While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said. "I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct," Gallichant said. "Carrying one around in that manner in the neighborhood, even though he did not point it at someone, is not to be taken lightly." The man who had the gun lives on Oakwood Lane, Gallichant said. Jeferey Quinelly, another Spring Hill resident, filed the complaint and most likely will be the person to sign the arrest warrant, Gallichant said. Spring Hill resident Sean P. Costello said the man, who is in his early 20s, was spotted by several people about 6 p.m. Friday, walking along Oakwood and Dilston lanes. |
|
| Author: | A Brit in MN [ Fri Jul 20, 2007 9:24 am ] |
| Post subject: | |
Quote: While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said. Sensibilities..........
What scares one person, might not scare another, that's an objective law
|
|
| Author: | BigRobT [ Fri Jul 20, 2007 10:18 am ] |
| Post subject: | |
This was debated over on The High Road. What has never been established is the fact of whether or not he was just carrying the rifle slung or if he was pointing it at folks and appearing dangerous. IF I saw a guy in my neighborhood, carrying a rifle, it'd pique my curiosity and depending on his actions, I may or may not call the cops. During hunting season, I see folks carrying long guns on public roads all the time. Bothers me none. It does disturb me that it IS legal to openly carry a long gun in Alabama and since they couldn't charge the guy for violating a carry law, they intend to charge him with disorderly conduct. |
|
| Author: | bkrafft [ Fri Jul 20, 2007 11:06 am ] |
| Post subject: | |
The problem with charging him with disorderly conduct is that it doesn't look to me like his actions fit the crime: http://alisdb.legislature.state.al.us/acas/codeofalabama/1975/13A-11-7.htm <blockquote>Section 13A-11-7 Disorderly conduct. (a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) Engages in fighting or in violent tumultuous or threatening behavior; or (2) Makes unreasonable noise; or (3) In a public place uses abusive or obscene language or makes an obscene gesture; or (4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or (5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or (6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse. (b) Disorderly conduct is a Class C misdemeanor. (Acts 1977, No. 607, p. 812, §5525.)</blockquote>Unless they are trying to argue that the mere possession of a firearm is "violent tumultuous or threatening behaviour". |
|
| Author: | aypstony [ Fri Jul 20, 2007 11:17 am ] |
| Post subject: | Re: Police plan arrest of rifle-toting man |
hammAR wrote: While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said. "I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct," Gallichant said. I agree that he should have chosen a better way to exercise his 2nd ammendment rights, but....... This was a chance for Gallichant to educate the public about carry laws in Alabama. Instead he chose to use it as an opportunity to intimidate a law abiding citizen. All because the guy ruffled the sensibilities of a couple of liberal turds. |
|
| Author: | clydesdale [ Fri Jul 20, 2007 11:28 am ] |
| Post subject: | Re: Police plan arrest of rifle-toting man |
[quote= "Carrying one around in that manner in the neighborhood, even though he did not point it at someone, is not to be taken lightly." [/quote] From that I would guess that he wasnt pointing it at anyone. I'm sure the press would have told us if 20 cops and the swat team was there. So I'm guessing that the cops didnt take it as a serious threat either. [/quote](3) In a public place uses abusive or obscene language or makes an obscene gesture; or[quote] I guess my wife is guilty of "Dissorderly Conduct" she use obscene language in public. Like just the other day I said I want that one. And right in front of everyone in the store said in a harsh tone I might add "You dont need another gun, and if it just "ends up at the house" sometime like the last one you'll be sorry." So I guess the next time she pulls that crap I’ll call the cops. Threats, obscene language, and disturbing my paece. |
|
| Author: | Binky .357 [ Fri Jul 20, 2007 12:26 pm ] |
| Post subject: | |
Tag |
|
| Author: | Selurcspi [ Fri Jul 20, 2007 12:52 pm ] |
| Post subject: | Re: Police plan arrest of rifle-toting man |
clydesdale wrote: [quote= "Carrying one around in that manner in the neighborhood, even though he did not point it at someone, is not to be taken lightly." From that I would guess that he wasnt pointing it at anyone. I'm sure the press would have told us if 20 cops and the swat team was there. So I'm guessing that the cops didnt take it as a serious threat either. [/quote](3) In a public place uses abusive or obscene language or makes an obscene gesture; or Quote: I guess my wife is guilty of "Dissorderly Conduct" she use obscene language in public. Like just the other day I said I want that one. And right in front of everyone in the store said in a harsh tone I might add "You dont need another gun, and if it just "ends up at the house" sometime like the last one you'll be sorry." So I guess the next time she pulls that crap I’ll call the cops. Threats, obscene language, and disturbing my paece. Remember, you have to sleep sometime (and for that matter somewhere).. 
|
|
| Author: | hammAR [ Fri Jul 20, 2007 3:03 pm ] |
| Post subject: | |
UPDATE>>>>>>>>>>>>>>>>>>>>>>>>>>>> http://www.al.com/press-register/stories/i....xml&coll=3 Teen arrested after seen with AK-47-style rifle By RON COLQUITT Staff Reporter Mobile police arrested Michael McLeod Freeman, 19, Monday evening and charged him with disorderly conduct in connection with Freeman carrying a semiautomatic AK-47-style rifle through the Spring Hill neighborhood where he lives, officials said. Freeman was taken to Mobile County Metro Jail, where he was released on $250 bail, jail records show. While it is not illegal to carry such a rifle, a Mobile police spokesman said that it is unlawful to alarm people in the community. That is why Freeman was charged with disorderly conduct, Officer Eric Gallichant said. Members of Freeman's family declined comment Tuesday, referring questions about the incident to family attorney Paul Brown. Brown could not be reached for comment. Freeman graduated from St. Paul's Episcopal School in May 2006, according to a Press-Register story. Sean P. Costello, who lives near the Freeman family, said Monday that his gardener spotted Freeman with the rifle about 6 p.m. Friday walking along Oakwood and Dilston lanes. Freeman did not point the rifle at anyone or threaten anyone, Costello said. Costello said Freeman was also carrying a 30-round magazine, but it had not been inserted into the rifle at that time. The gardener was so frightened that he left the area, Costello said. A bullet can be loaded in the chamber of a semiautomatic rifle even when the magazine is not inserted. Gallichant said that police confiscated the rifle after they arrived at Freeman's home and found it loaded with a magazine in it. The police report on the incident did not say whether the rifle was loaded at the time Freeman was carrying it through the neighborhood, just that it was loaded when it was confiscated, Gallichant said. The rifle had not been returned to the Freemans he said. Also, he said that investigators had not determined where Freeman got the gun. Larry McCoy, owner of Larry's Gun Shop on Pleasant Valley Road just off Government Boulevard, said Monday that anyone 18 or older who is not a convicted felon can legally purchase a semiautomatic, AK-47-style rifle. McCoy said he sells them only to people 21 or older because he does not consider a teenager mature enough to buy such a rifle. An employee of Larry's Gun Shop said Tuesday there was no record of Freeman buying the rifle from them. |
|
| Author: | SethB [ Fri Jul 20, 2007 3:29 pm ] |
| Post subject: | Re: Police plan arrest of rifle-toting man |
hammAR wrote: http://www.al.com/news/press-register/inde...&thispage=1 "I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct," Gallichant said. I wonder if anybody else is alarmed by someone signing a complaint and thereby causing the arrest of a law-abiding citizen. I consider the latter concept alarming, and I'll gladly sign a statement to that effect. |
|
| Author: | Binky .357 [ Fri Jul 20, 2007 4:00 pm ] |
| Post subject: | |
hammAR wrote: UPDATE>>>>>>>>>>>>>>>>>>>>>>>>>>>> http://www.al.com/press-register/stories/i....xml&coll=3 ... The gardener was so frightened that he left the area, Costello said. A bullet can be loaded in the chamber of a semiautomatic rifle even when the magazine is not inserted. ... Huh? How is this relevant? Just a jaded gun-owners question, I guess. As for the meat of the issue, and not to start a flame war, this is why I carry concealed. The last thing I need is some jackass activist-prosecutor tarnishing my record with a disorderly conduct charge because he/she doesn't like guns. |
|
| Author: | Andrew Rothman [ Fri Jul 20, 2007 4:14 pm ] |
| Post subject: | |
Carrying concealed is good tactics. Sometimes, carrying openly is good strategy. How lucky we are to have a choice! |
|
| Author: | Binky .357 [ Fri Jul 20, 2007 4:30 pm ] |
| Post subject: | |
Ahhhh... the ol' Tactical vs. Strategic discussion. I yield to you sir, and take my leave. |
|
| Author: | Andrew Rothman [ Fri Jul 20, 2007 5:08 pm ] |
| Post subject: | |
No need to yield...just merge right in. 
|
|
| Author: | bkrafft [ Fri Jul 20, 2007 6:30 pm ] |
| Post subject: | |
So if someone can "alarmed" by seeing a man with a black rifle and have them arrested, could someone equally say they were "alarmed" by seeing a black man with no rifle and have *him* arrested? A civil right is a civil right, whether it is walking down the street or walking down the street carrying a rifle. |
|
| Page 1 of 2 | All times are UTC - 6 hours |
| Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group http://www.phpbb.com/ |
|