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Our latest Fayetteville a$$clown

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
Our latest Fayetteville gun comedy

:banghead:Man arrested at Cross Creek Mall Thursday evening.

Not like the property isn't posted........

Granted, the anchor stores entrances aren't.

http://centurylink.net/tv/3/player/...th_rifle_ammunition_detained_in_nc_mall-apsel

http://www.wral.com/gunman-reported-at-fayetteville-s-cross-creek-mall/14751863/

http://abc11.com/news/man-with-rifle-kevlar-vest-detained-at-fayetteville-mall/824961/

The comments after the abctv article really show what misconceptions people have about NC laws. He will apparently be charged with GATTOP, but I don't think that will pass the definition.
 
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PeterNSteinmetz

Regular Member
Joined
Apr 20, 2014
Messages
177
Location
Tempe, Arizona
Was he breaking any laws?

Exactly what is GATTOP ? Was the carrier breaking any laws? If not, this sounds like police harassing a LAC.

Here in AZ, even if it the location is signed, you must be asked to leave before it is a trespass.

EDIT: Found this prior thread. http://forum.opencarry.org/forums/s...his-law-eliminates-the-open-carry-option-quot

Since an AR-15 is such a common weapon, and since he wasn't on a public highway, I wonder how this will play out.
 
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drsysadmin

Regular Member
Joined
Jun 5, 2014
Messages
126
Location
WNC
GOTTOP won't apply unless he admits he did it to create a panic AND they can prove he drove or walked there on a highway brandishing and threatening while driving /walking....

Elements

A person guilty of this offense
(1) arms himself or herself with an unusual and dangerous weapon
(2) for the purpose of terrifying others and
(3) goes about on public highways
(4) in a manner to cause terror to the people.

*Source: State v. Dawson, 272 N.C. 535, 541-42 (1968); State v. Huntly, 25 N.C. 418, 418 (1843); State v. Staten, 32 N.C. App. 495, 496-97 (1977)

Element 1 is met under Huntly
Element 2 will be difficult to prove unless he admits to it or has some history (like internet postings) talking about such a desire.
Element 3 / 4 reads that he should not be charged under GOTTOP for what occurred in the mall itself. Mall's are not owned by the state, and therefore can not be held as "public highways". If the pedestrian entrance he used to enter the structure was not posted he is clear there. There is also no indication that management personnel from either the Macy's or the mall itself approached and informed him that he must leave, so a charge of criminal trespassing is not in order either.

They will likely threaten and bluster over this, offer him a plea deal (hopefully he rejects it). Either way it will disappear quietly from the public eye.

His CO however is not happy with him - I guarantee that!
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Unless it was posted in the last couple months, Cross Creak IS NOT posted with gun buster signs. It has a code of conduct board in the food court with rather small font, and numerous lines describing prohibited behavior. I have not looked at the links yet to see what actually happened but I will comment on that after I have had a chance. We were in the mall 2 months ago, and I looked for any signs outside the rules of conduct. There were none.

Nope nothing in those reports of gun buster signs, it seems just a lot of hoplophobes got scared. Hopefully this ends in a Ka-ching for the soldier, but I suspect the base commander will make an example of him.

These are the elements of GATTTOP, which IMO he was not, and that his carry was protected by NC supreme court rulings on carry of a military type weapon. OC is a protected right in NC unless a business is posted clearly.

A person guilty of this offense

(1) arms himself or herself with an unusual and dangerous weapon

(2) for the purpose of terrifying others and

(3) goes about on public highways

(4) in a manner to cause terror to the people
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
CC, if cranky, could invoke ucmj, conduct unbecoming, article 15 possible if he has hard rank might lose one stripe.. if soft prob...

ipse
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
Sounds like a successful Bloomberg psyops

Exactly what is GATTOP ? Was the carrier breaking any laws? If not, this sounds like police harassing a LAC.

Here in AZ, even if it the location is signed, you must be asked to leave before it is a trespass.

EDIT: Found this prior thread. http://forum.opencarry.org/forums/s...his-law-eliminates-the-open-carry-option-quot

Since an AR-15 is such a common weapon, and since he wasn't on a public highway, I wonder how this will play out.

Sounds like a successful Bloomberg psyops operation to me. I want to hear the 911 calls. Did they embellish the situation, as has been promoted numerous times on Bloomberg funded sites? Let's hear what the 911 calls said. I suspect that there was no panic, until the police cause a panic, and they were going off of what was said in the 911 call.
 

WalkingWolf

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Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
From most of what I read most of the panic was caused by police storming the mall with rifles at the ready.

I can't get over the immense stupidity of the police, and the public. If a real terrorist had attacked the mall do you want your children to wait 2 minutes for the police, or have a trained soldier already there armed with a weapon designed to stop bad guys.
 

drsysadmin

Regular Member
Joined
Jun 5, 2014
Messages
126
Location
WNC
Have they released the 911 tapes? Anyone have a link to them?

Isn't it odd that this has gone quiet? Prosecution knows they have no case to charge him - so I bet its going to stay quiet.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Have they released the 911 tapes? Anyone have a link to them?

Isn't it odd that this has gone quiet? Prosecution knows they have no case to charge him - so I bet its going to stay quiet.

Probably they never intended to charge him, they will let the military do that. This is sad that a soldier is getting railroaded in this state.
 

DeSchaine

Regular Member
Joined
Nov 5, 2013
Messages
537
Location
Kalamazoo, MI
Bragg is spitting distance from F-ville. Why in the hell would anyone there panic at the sight of a soldier, armed or not? They're all over the place. cant swing a dead cat without hitting one.

As a former soldier, I have to ask why he wanted to take a rifle to a photo shoot in a mall in the first place.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Bragg is spitting distance from F-ville. Why in the hell would anyone there panic at the sight of a soldier, armed or not? They're all over the place. cant swing a dead cat without hitting one.

As a former soldier, I have to ask why he wanted to take a rifle to a photo shoot in a mall in the first place.

It had to do with a casting call for a movie. But I see no problem with him OCing a long gun, the problem I did have was he removed the firing pin, making the gun useless if something bad did happen. I do not wish to carry a long gun, too much hassle for my age, and health. But if something hit the fan, who better to have then a trained soldier with a AR15 at the moment. Instead of waiting two minutes for police to arrive. Think how many lives could have been saved in Tunisia if some of the people on the beach had loaded long guns.

This society is upside down, we should be begging soldiers to carry their long guns off base.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
several of those individuals would look really really good on Atlantic Beach NC...patrol'g...ya right patrol'g for uh...who cares actually!! would beat the fat beached whales we currently have flopped on the beach...

er just saying
ipse
 
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