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Thread: Bald Knob Open Carry Case Dismissed

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    Bald Knob Open Carry Case Dismissed

    http://www.arkansasmatters.com/news/...case-dismissed

    SNIP

    BALD KNOB, Ark. - An open carry case against Bald Knob resident Richard Chambless has been dismissed, officials say.

    . . .

    After he was arrested, Chambless cited Act 746 and said it made open carry legal in The Natural State.

    . . .

    Before August ended, Rutledge issued an official opinion stating that open carry is legal in The Natural State as long as the gun carrier doesn't attempt to unlawfully use their firearm.

    On Tuesday, the case against Chambless was dropped, according to Bald Knob City Attorney Don Raney.

    "I did nothing wrong and today the city of Bald Knob finally conceded to that fact," Chambless said.

    . . .

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    Accomplished Advocate color of law's Avatar
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    Is see a 42 USC 1983 suit in someones future.

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    Regular Member HPmatt's Avatar
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    So should he get the arrest record expunged? Would sue for that as well as false charges - show me the $$$. Sue the resigned Sherriff/Police Chief personally - get an attachment on the insurance proceeds from his burned up truck.
    “Men live without other security than what their own strength and their own invention shall furnish them"
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    Regular Member redhawk44's Avatar
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    Thanks for the update. A win through trial would have established case law, and I believe the prosecutor knew this and wanted to see that did not happen. Non-the-less, good for Arkansans.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by redhawk44 View Post
    Thanks for the update. A win through trial would have established case law, and I believe the prosecutor knew this and wanted to see that did not happen. Non-the-less, good for Arkansans.
    Presume that Arkansas is not unlike other states in that lower court (general district?) verdicts are not courts of record and do not set precedent. At the appellant level and up the real weight begins, thereby establishing case law.

    I see his false arrest as being an excellent basis for civil action.
    Last edited by Grapeshot; 11-19-2015 at 08:20 PM. Reason: fixed error
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Presume that Missouri is not unlike other states in that lower court (general district?) verdicts are not courts of record and do not set precedent. At the appellant level and up the real weight begins, thereby establishing case law.

    I see his false arrest as being an excellent basis for civil action.
    What does Bald Knob, AR have to with Missouri???????????????

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by 9026543 View Post
    What does Bald Knob, AR have to with Missouri???????????????
    Whoops - thanks for the catch. Corrected it to read Arkansas.

    The miscue was picked up from the poster's home state.
    Last edited by Grapeshot; 11-20-2015 at 02:48 AM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Whoops - thanks for the catch. Corrected it to read Arkansas.
    There is a great difference between AK and MO ... their state abbreviations is the biggest.

    And case law can be produced from lower courts ... not binding upon anyone other than lower admin. bodies though.

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    And between AR and AK


    Sent from my iPhone using Tapatalk

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    Quote Originally Posted by nonameisgood View Post
    And between AR and AK


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    Wonder who is more offended by that one? LOL
    Last edited by davidmcbeth; 11-20-2015 at 12:30 AM.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    --snipped--

    And case law can be produced from lower courts ... not binding upon anyone other than lower admin. bodies though.
    Cite please relevant to Arkansas.
    Last edited by Grapeshot; 11-20-2015 at 02:53 AM.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member redhawk44's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Whoops - thanks for the catch. Corrected it to read Arkansas.

    The miscue was picked up from the poster's home state.
    While I was born in Missouri, I lived in Hot Springs, Ar from 1977 to retirement in 2006, then back to the Ozarks.

    As I remember, the original conviction for disorderly was at the local level (city) based on the open carry of a firearm and appealed to the District Court (state). Because Arkansas is so rural, the District Court can cover 3 or 4 counties. A win out of the District, while maybe not legally binding throughout the state, most certainly would have set precedent (along with the AG opinion) for consideration by other municipalities in the future.
    Last edited by redhawk44; 11-20-2015 at 11:41 AM.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by redhawk44 View Post
    --snipped-- A win out of the District, while maybe not legally binding throughout the state, most certainly would have set precedent (along with the AG opinion) for consideration by other municipalities in the future.
    Words have meaning.

    Precedent is called stare decisis. A prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment.
    http://dictionary.law.com/Default.aspx?selected=1573

    Neither an opinion of a lower court nor that of an AG is binding/sets precedence. If you intended to say that either/both my be used to argue cases of a similar nature, I would agree. There is no obligation on the court however.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member redhawk44's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Words have meaning.

    Precedent is called stare decisis. A prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment.
    http://dictionary.law.com/Default.aspx?selected=1573

    Neither an opinion of a lower court nor that of an AG is binding/sets precedence. If you intended to say that either/both my be used to argue cases of a similar nature, I would agree. There is no obligation on the court however.
    I am completely aware of what precedent, case law and AG opinions are. The prosecutor did not want an adverse decision on appeal. Jurisdictions are interpreting and enforcing the law differently and since it appears the Legislature is not going to address the matter further, it is going to have to be decided either in the judicial, or, by changing the attitudes, hearts and minds of those who are interpreting the statute, in many people's opinion, wrongly. So, precedence is not so much a legal consideration as much as it is a practical matter of how the law is enforced pursuant to any and all court decisions. Evidently, this prosecutor did not want the case to go a jury, a step further in deciding the issue in the judicial.
    Last edited by redhawk44; 11-20-2015 at 07:29 PM.

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    Word salad. The first sentence is incomplete, not having an object.
    I am responsible for my writing, not your understanding of it.

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    Regular Member redhawk44's Avatar
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    Quote Originally Posted by Nightmare View Post
    Word salad. The first sentence is incomplete, not having an object.
    That better!

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    Quote Originally Posted by Nightmare View Post
    Word salad. The first sentence is incomplete, not having an object.
    Word salad is a "confused or unintelligible mixture of seemingly random words and phrases",[1] most often used to describe a symptom of a neurological or mental disorder.

    ................... https://en.wikipedia.org/wiki/Word_salad

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    Quote Originally Posted by nonameisgood View Post
    And between AR and AK


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    I saw what you did there.
    Last edited by Citizen; 11-22-2015 at 04:57 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

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    Regular Member redhawk44's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Word salad is a "confused or unintelligible mixture of seemingly random words and phrases",[1] most often used to describe a symptom of a neurological or mental disorder.

    ................... https://en.wikipedia.org/wiki/Word_salad
    Well, if my grammar and sentence structure does not measure up to your intellectual standards, I really do not care. The fact that you could not grasp what my point is/was, is your problem. Besides I've been tested, have you.

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    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by redhawk44 View Post
    Well, if my grammar and sentence structure does not measure up to your intellectual standards, I really do not care. The fact that you could not grasp what my point is/was, is your problem. Besides I've been tested, have you.
    When I read davidmcbeth's post I took it to be pointing out how Nightmare's use of "word salad" wasn't really applicable, which was kind of ironic since Nightmare was essentially accusing you of using words incorrectly, and was therefore humorous. But maybe I interpreted it incorrectly.
    Advocate freedom please

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    Quote Originally Posted by redhawk44 View Post
    Well, if my grammar and sentence structure does not measure up to your intellectual standards, I really do not care. The fact that you could not grasp what my point is/was, is your problem. Besides I've been tested, have you.
    I only posted the wiki. link to the term "word salad". I had no issue with your post ... And yes I've been tested, many times.

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    Moderator / Administrator Grapeshot's Avatar
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    Words have meanings. Meanies have words. Intent (i.e. humor) may change that.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Moderator / Administrator Grapeshot's Avatar
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    [QUOTE=davidmcbeth;2169484--snipped-- ... And yes I've been tested, many times. [/QUOTE]



    Previously tested - chose which parts you use - chose wisely.
    Last edited by Grapeshot; 11-24-2015 at 09:56 AM. Reason: fixed
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member redhawk44's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I only posted the wiki. link to the term "word salad". I had no issue with your post ... And yes I've been tested, many times.
    I went back and reread the posts and you are correct. My apologies.

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