#3251562 - 07/31/12 11:54 AM
Re: Man arrested for excercising his rights....
[Re: SnareLine]
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trapper
Registered: 02/22/10
Loc: pa
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must not be or they'd have escorted him out and let him go?
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#3251614 - 07/31/12 12:40 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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Registered: 10/16/07
Loc: VA
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This man has grounds for a suit from what I've read...false arrest...violating preemption.  CRS 29-11.7-103. Regulation - type of firearm - prohibited. A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
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#3251624 - 07/31/12 12:48 PM
Re: Man arrested for excercising his rights....
[Re: BlueRidgeTrapper]
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Registered: 10/16/07
Loc: VA
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This..... This man has grounds for a suit from what I've read...false arrest...violating preemption. CRS 29-11.7-103. Regulation - type of firearm - prohibited. A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable. Makes this null and void  ..... Sec. 38-241. - Prohibition on the open carrying of firearms. The City of Thornton hereby prohibits the open carrying of a firearm, as defined in Section 38-237 of the Code, in any city building or in or upon any city property including but not limited to parks, open spaces or trails that exist within the City of Thornton and that have a sign posted at the entrance to any city building or city property informing persons that the open carrying of firearms is prohibited in such building or area.
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#3251627 - 07/31/12 12:51 PM
Re: Man arrested for excercising his rights....
[Re: Taximan]
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trapper
Registered: 01/01/07
Loc: Morehead city NC
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"His handgun was strapped to his waist — he was wearing it so others could see it."
That's called brandishing. No Sir - not brandishing - OCing - and it is legal. The tickler is to the "fear" of others. But then in NC a LEO will just ask you to remove it and put it away or if you have a CCW to conceal it. Usually do not arrest you?? but more to the story I am sure.
_________________________
Suppression rules/prevention drools
Turning 40 this yr! WOW, Thank You Lord for every second, they are precious and appreciated.
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#3251628 - 07/31/12 12:53 PM
Re: Man arrested for excercising his rights....
[Re: JakeDog]
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Registered: 10/16/07
Loc: VA
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"His handgun was strapped to his waist — he was wearing it so others could see it."
That's called brandishing. No Sir - not brandishing - OCing - and it is legal. The tickler is to the "fear" of others. But then in NC a LEO will just ask you to remove it and put it away or if you have a CCW to conceal it. Usually do not arrest you?? but more to the story I am sure. Know your rights...I'll leave it at that.
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#3251647 - 07/31/12 01:07 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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BuckNE
Unregistered
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Do you think this will make more businesses ban firearms, or make fewer businesses ban firearms?
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#3251653 - 07/31/12 01:11 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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trapper
Registered: 01/01/07
Loc: Morehead city NC
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Know your rights is the perfect answer, I agree, and it sounds as if there is some back peddlin going on. While I am with the dude carrying his gun and the second amendment, maybe at this point in time, CO and a movie theater was not the best choice to open carry????? conceal carry by all means! but open?? not after what just occured.
Sounds to me he was by the law legal!, but maybe a poor decision maker? who was trying to make a statement.
Edited by Jdog (07/31/12 01:12 PM)
_________________________
Suppression rules/prevention drools
Turning 40 this yr! WOW, Thank You Lord for every second, they are precious and appreciated.
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#3251657 - 07/31/12 01:13 PM
Re: Man arrested for excercising his rights....
[Re: ]
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trapper
Registered: 01/01/07
Loc: Morehead city NC
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Do you think this will make more businesses ban firearms, or make fewer businesses ban firearms?
I am going with more -
_________________________
Suppression rules/prevention drools
Turning 40 this yr! WOW, Thank You Lord for every second, they are precious and appreciated.
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#3251671 - 07/31/12 01:23 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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Registered: 10/16/07
Loc: VA
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A local theater owner is actually encouraging all carriers into his establishment... http://www.commodoretheatre.com/index.php " It has always been my policy to allow anyone who has the legal right to carry a firearm (whether concealed or open) to attend the Commodore Theatre. As you mentioned, the bad guys (by definition) pay no attention to signs or laws and you are so right that only law abiding folks follow the rules! You are most welcome!!! Fred"
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#3251681 - 07/31/12 01:30 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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trapper
Registered: 12/19/11
Loc: California
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My understanding of brandishing a firearm is when you sweep a person with the barrel, or display it in a treating manor. The act of merely having a holstered firearm is not brandishing a firearm. In the US we don’t have a right to open carry a firearm, don’t push the issue if your State has a favorable open carry law. That just happened to us for open carrying of concealable firearms in California, we pushed the issue and they outlawed it. We are policing our own so the anti gun folks won’t start a campaign of open carrying long guns, we still can do that but we don’t want to push the issue. When you push an issues like that the anti’s will start carrying making us look bad and then the law against it start coming. "His handgun was strapped to his waist — he was wearing it so others could see it."
That's called brandishing. No it is an open carry state. It is not brandishing a weapon, and he was not charged with it. If it is an open carry state and carrying a gun in a holster is brandishing then ever hunter that is out in public with a side arm or rifle should get the ticket as well. The cops screwed up on this one and dug to find a "offense". I am pretty certain there is no state statute on brandishing a weapon in Colorado.
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#3251684 - 07/31/12 01:33 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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trapper
Registered: 01/01/07
Loc: Morehead city NC
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And BRT we ned more like him - only time will tell if our voice is loud enough to turn leftie leaning heads.
_________________________
Suppression rules/prevention drools
Turning 40 this yr! WOW, Thank You Lord for every second, they are precious and appreciated.
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#3251685 - 07/31/12 01:34 PM
Re: Man arrested for excercising his rights....
[Re: BlueRidgeTrapper]
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trapper
Registered: 01/11/07
Loc: NW Colordo
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This..... This man has grounds for a suit from what I've read...false arrest...violating preemption. CRS 29-11.7-103. Regulation - type of firearm - prohibited. A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable. No that part of the ordinance only applies to public/government controlled areas. Not to private property, the theater is private property. The real issue is the law in Thornton is conflicting in one area it states he can carry in another it says he can not. Makes this null and void ..... Sec. 38-241. - Prohibition on the open carrying of firearms. The City of Thornton hereby prohibits the open carrying of a firearm, as defined in Section 38-237 of the Code, in any city building or in or upon any city property including but not limited to parks, open spaces or trails that exist within the City of Thornton and that have a sign posted at the entrance to any city building or city property informing persons that the open carrying of firearms is prohibited in such building or area. But he was on private property that regulation is for government building, parks etc. There fore he was still in the right. Even the yahoo article finds conflicting information. In one statute it says you may not have a fire arm, but then in other statutes it says open carried everywhere but in Government buildings, etc. Ultimately citizens in good standing with the law should be able to carry... And if you do not believe CC works go check out the old guy at the internet cafe.... Or the CC guy in Utah that stopped a guy from stabbing people.
_________________________
Some people are like a slinky. Most of the time they sit around worthless, but they are sure fun to watch tumble down a set os stairs.
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#3251694 - 07/31/12 01:41 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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BuckNE
Unregistered
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Nobody said anything about concealed carry. The question is, did the guy show good judgement by walking into a theater in Colorado with a firearm in a holster in plain view just days after some nut shot 70 people in a movie theater.
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#3251708 - 07/31/12 01:49 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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BuckNE
Unregistered
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I'm betting that even if the DA drops the charges the guy's problems aren't over. The movie theater owner will probably sue him for thousands in lost revenue, and there's a good chance the owner will win.
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#3251754 - 07/31/12 02:31 PM
Re: Man arrested for excercising his rights....
[Re: ]
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trapper
Registered: 12/18/10
Loc: DELAWARE
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Nobody said anything about concealed carry. The question is, did the guy show good judgement by walking into a theater in Colorado with a firearm in a holster in plain view just days after some nut shot 70 people in a movie theater. Hey Buck, there is a poll asking that same question and 72% said yes to it being in good judgement. So your in the minority here.
_________________________
A society grows great when old men plant trees whose shade they know they shall never sit in.
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#3251774 - 07/31/12 02:46 PM
Re: Man arrested for excercising his rights....
[Re: elks]
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trapper
Registered: 01/11/07
Loc: NW Colordo
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Blueridge, your right I misread what you had posted. the theater owner appears to be pro second amendment and intentionally does not post his business. Time will tell how all this plays out. I am wondering if the theater goer who called in and caused all the fuss will be looking at charges? I doubt it, but how mush different is causing a panic in this case vs yelling fire in a crowded theater? Just not sure how it will run
_________________________
Some people are like a slinky. Most of the time they sit around worthless, but they are sure fun to watch tumble down a set os stairs.
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