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Thread: Parkdale Mall Gun Store owner moving out of mall after being charged with disorderly

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    Parkdale Mall Gun Store owner moving out of mall after being charged with disorderly

    "UPDATE 11 Jan 2014: The Parkdale Mall store owner who was charged with disorderly conduct after walking through the mall with a rifle strapped to his back is moving his store out. Derek Poe has said he does not want to be in a place where he does not feel safe. The mall has placed signs up reminding customers that it will be enforcing its policy of banning weapons. Poe was arrested on a statute that makes it a crime to carry a weapon, "in a manner calculated to alarm."

    http://www.12newsnow.com/story/24414...le-inside-mall

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    Regular Member DocWalker's Avatar
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    How is a rifle slung on ones back "alarming?

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    Regular Member OC for ME's Avatar
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    Would it have been OK if the rifle were pink?

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    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by DocWalker View Post
    How is a rifle slung on ones back "alarming?
    Important distinction - the disorderly conduct statute states that it is a crime to carry it in a manner calculated to cause alarm. It is not a crime to carry just because it has caused alarm. In a manner calculated indicates intent, IMO.

    But, it is a fair point. I mean, I'm sitting here thinking... So... Some guy has a regular rifle slung on his back, barrel down, and is walking through the mall with his hands full of other items (drink, bag)... And someone says they're terrified and afraid for their life... I would honest suggest therapy for them.

    Also, I have no idea "how many" people were afraid, or how many total there were, but I'd venture to guess that those who were afraid, or at least those who were afraid enough to say something, were a very very very small minority of the people in the mall.
    Last edited by stealthyeliminator; 01-13-2014 at 06:51 PM.
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    Prosecutor: were you afraid?
    Witness: yes
    Defense cross: did you run away from the guy?
    Witness: no

    duh...

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    Regular Member stealthyeliminator's Avatar
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    /\ LOL. Makes sense to me...

    However, IMO, whether or not, or how many people were alarmed, even if they testify to it, is totally irrelevant to the charge at hand. You could theoretically be charged as carrying in a manner calculated to cause alarm without anyone being alarmed at all. By the same token, if you aren't carrying in a manner calculated to cause alarm then you are not in violation no matter how many people decide to be alarmed.
    Last edited by stealthyeliminator; 01-13-2014 at 09:40 PM.
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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    Important distinction - the disorderly conduct statute states that it is a crime to carry it in a manner calculated to cause alarm. It is not a crime to carry just because it has caused alarm. In a manner calculated indicates intent, IMO.

    But, it is a fair point. I mean, I'm sitting here thinking... So... Some guy has a regular rifle slung on his back, barrel down, and is walking through the mall with his hands full of other items (drink, bag)... And someone says they're terrified and afraid for their life... I would honest suggest therapy for them.

    Also, I have no idea "how many" people were afraid, or how many total there were, but I'd venture to guess that those who were afraid, or at least those who were afraid enough to say something, were a very very very small minority of the people in the mall.
    I wonder if you can call 911 and get a NY city officer arrested and charged with disorderly conduct for being afraid of a man with a gun. They do have a record of shooting innocent civilians. That is enough to strike fear in any man.

    It is sad when someones irrational fears dictate another mans freedom.

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