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Thread: Dickson City, PA police conduct Katrina style gun confiscation!

  1. #1
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    FYI below - be prepared to rally outside the Dickson City. PApolice department later this week for a "FREE RICH's GUN PROTEST" - UPDATE: Attend City Council Meeting this Tuesday - see http://opencarry.mywowbb.com/view_to...mp;forum_id=46.
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    ************************************************** **********
    OpenCarry.org Press Release - May 10, 2008
    ************************************************** **********
    FOR IMMEDIATE RELEASE
    ************************************************** **********
    Dickson City, PA police demand gun owners’ “identity papers” & conduct Katrina style gun confiscation!


    Gun owners to demand Habeas Arma!

    ---------------------------------------------------------------------
    It looks like the Dickson City (a borough in Lackawanna County, PA) police and Lackawanna County District Attorney have erected a “new order” in Pennsylvania – one where citizens must present their identity papers and give up their guns to police on demand.

    Or, maybe Dickson’s finest are just trying to borrow a page from the play book of their bros’ in blue from the City of Brotherly love. . . [1]

    The facts[2]

    The facts are simple and not in dispute – a few folks, including families with small children, met up for dinner at the Old Country Buffet on Friday, May 9.[3] Apparently a customer called the police to report that some of these people were openly carrying handguns. Next thing you know, Dickson City Patrolman Tony Mariano and female Officer Gallagher rolled up and proceeded to roust everyone away from their dinners, demanded identity documents from anyone they saw openly carrying guns, and seized the guns for some sort of Orwellian “serial number check.”

    When Luzerne County resident Rich Banks[4] and his wife Judy went over to the police and asked them what was going on, the police threatened to arrest Judy unless she turned off her camcorder, and then unlawfully arrested Rich when he declined to show identification[5] – Rich was then searched and placed in cuffs in a squad car.[6] Rich’s 6 year old son was upset and crying and several of the women in the party became nearly hysterical.[7]

    For some time thereafter, squad cars full of police from the city of Scranton and Lackawanna County rolled up to assist in the illegal detention, ID checks, and serial number gun checks of these law abiding citizens just trying to eat dinner together.

    Police start to get nervous

    But something was wrong – Banks could see officers from the various jurisdictions franticly making cell phone calls and talking to each other – after a while, Officer Karen Gallagher, the mean spirited officer in charge, who told Rich’s wife she did not want to be filmed because she might want to go back to “under cover work some day,” came over to Rich and said they were going to go easy on him and release him. But . . . Gallagher said he could not get his gun back until he “proved ownership” because there was no record of his gun in police records. Mr. Banks – a “gun smith” with a federal gun dealer license – explained to Gallagher that her seizure, arrest, and search of his person was unlawful and demanded his property be returned immediately because there was no more reason he had to prove he owned the gun than to prove he owned the TV in his house. Retorted an angry Gallagher, “I heard enough from you tonight!,” slamming the squad door in a huff.

    Incredibly, officer Gallagher then claimed to have contacted unknown elements of the Lackawanna District Attorney’s office which allegedly ordered her not to return Banks’ gun until he “proved ownership.”[8] Banks demanded a receipt from the police – so they wrote a note (attached, with serial number redacted).

    So that’s the story – a bunch of police, acting like thugs, unlawfully roust and harass gun owners and their families for the crime of obeying the law – and then drive away after stealing a gun.

    Police look for cover from restaurant management

    As the police began winding down their Kafkaesque theater act, one of the officers asked the Old Country Buffett manager on duty if he “had any problems” with the group remaining at the restaurant. The manager responded laconically that “we had no problems ‘till you showed up.”

    The law:

    It’s pretty simple actually. Pennsylvania is like most states. There is no gun registration, and, generally, anyone 18 years of age or over can openly carry a handgun on foot without any license to do so, even while eating dinner.[9] As a constitutional matter, a mere 911 call reporting a “man with a gun” does not allow the police to detain or search anyone.[10] And while it is true that the Pennsylvania State Police maintain a handgun sales database consisting of information reported to them by Pennsylvania gun dealers,[11] it is not a crime to own or carry a gun not listed in the database which only consists of guns transferred through Pennsylvania gun dealers anyway.[12] And the police have no power to confiscate personal property for failure to carry proof of ownership.

    What’s next?

    Habeas Arma!

    OpenCarry.org calls on the Lackawanna County District Attorney to order Mr. Banks gun returned to him immediately without any further demands for “proof of ownership,” whatever that is supposed to mean.

    Further, we call for the suspension and prosecution of Patrolman Mariano and Officer Gallagher and any member of the Lackawanna District Attorney’s office involved in this travesty for violations of civil rights under federal and Pennsylvania law, including Pennsylvania’s “Official Oppression statute.”[13]

    Finally, Dickson City Police Chief William Stadnitski had better get his Department under control such that no officer ever treat guns like “contraband” or gun owners like second class citizens. And it looks like the Chief knows his officers’ were out of control – this incident has not been posted to his Daily Activity report at http://www.dicksoncityborough.org/index.jsp?id=13.[14]


    John Pierce/Mike Stollenwerk

    ##########################
    Contact anytime on gun stories:
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    Mike Stollenwerk

    Mr. Stollenwerk is a lifelong legal resident of Lancaster County, PA. In 2006, Stollenwerk prevailed in a federal lawsuit against the Pennsylvania State Police to quash their unlawful demands for social security number disclosure from gun purchasers and License to Carry Firearms applicants. Stollenwerk v. Miller, 2006 WL 463393 (E.D. Pa. 2006).
    --
    John Pierce
    Mr. Pierce is an IT professional and works for an Allentown, PA area firm.
    --
    http://www.OpenCarry.org
    A national pro-gun Internet community with more than 5,800 registered
    members
    News media reports citing OpenCarry.org's perspective:
    http://opencarry.mywowbb.com/forum63
    ##########################


    [1] See Patrick Walters, Philadelphia Police Caught Beating Suspects, Associated Press, May 7, 2008, available with video at http://www.huffingtonpost.com/2008/05/07/philadelphia-police-caugh_n_100569.html.

    [2] Assembled from OpenCarry.org’s very reliable members who witnessed this debacle first hand.

    [3] See discussion thread at http://www.pafoa.org/forum/concealed...ity-5-9-a.html - at first this thread was just a way to talk about an upcoming social event – at page 15, it became a thread to talk about police misconduct and the thread’s name was then changed.

    [4] Mr. Banks is the owner of Frontline Armory, http://www.frontlinearmory.com.

    [5] Pennsylvania has no “stop and ID” statute. Further, the United States Supreme Court has struck down state statutes requiring anyone to carry ID credentials. Kolender v. Lawson, 461 U.S. 352 (1983). And last month the 8th Circuit Court of Appeals held that an officer arresting someone for merely refusing to show identification is not due qualified immunity in a civil lawsuit. Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008). See also Rob Moritz, Fed appeals court says motorist's refusal to give police his name is no cause for arrest, Ark. News Bureau, April 5, 2008, available at http://www.lawreader.com/index.php/b...node/7438.html.

    [8] The story is a bit more complex – by this point, the police realized they were in the wrong generally and proceeded to back down. The police told one man he could not get his gun back because it was not “registered to him” but to his wife. The man told the police there was no registration in Pennsylvania and that Pennsylvania law does not require handgun transfers between family members to be conducted through dealer checks and record keeping anyway. The police handed the gun to the wife and walked away. Another man, who happened to have a License to Carry Firearms (required to “conceal” handguns in Pennsylvania) flat out told the police “you’re not taking my gun or running the serial number,” and the police quickly backed off.

    [9] Commonwealth v. Hawkins, 692 A.2d 1068, n.4 (Pa. 1997) (“In all parts of Pennsylvania, persons who are licensed may carry concealed. 18 Pa.C.S. § 6108. Except in Philadelphia, firearms may be carried openly without a license.”). Interestingly, on the same day as Bank’s arrest and theft of his gun by police, the Associated Press reported that gun carry in restaurants is becoming pretty ho hum. Mathew Barakat, Guns in restaurants draw stares but little outcry, Associated Press, May 9, 2008, available at http://tinyurl.com/536htc.

    [10] Florida v. J.L., 529 U.S. 266 (2000).

    [11] Only 13 other states are like Pennsylvania which generally bans the private **transfers** of handguns, see http://www.opencarry.org/transfers.html, but it is not a crime to move into Pennsylvania with a handgun, or transfer a handgun to a family members without going through a dealer – and so besides the point that the police have no lawful authority to seize guns and check their serial numbers against the PSP handgun transfer database, the fact that the handgun is not listed in the data base, or not associated with the person carrying the handgun is completely irrelevant. Regardless, it’s not a crime to **receive** a handgun in a private transfer under Pennsylvania law.

    [12] Obviously the Dickson City and the Lackawanna District Attorney either don’t know the law, or are purposefully violating the law.

    [13] 18 Pa.C.S.A. § 5301 ("Official oppression") provides that "[a] person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he: (1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or (2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity. See also Matt Miller, Constable charged with official oppression, Mid State News, April 3, 2008, available at http://www.pennlive.com/midstate/index.ssf/2008/04/constable_charged_with_officia.html.

    [14] I wonder what the report will say, if it is ever posted – maybe something like, “To Old Country Buffet on a call about families eating out while some adults carrying holstered side arms. Police harassed a group of law abiding citizens for over an hour, and stole one gun from a man who would not keep his mouth shut.”


    Attached Files Attached Files

  2. #2
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    Chief18519@hotmail.com
    Chief Stadnitski 570-489-3231

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    Wherever & Whenever Rich.....I'll be there!

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    Too far for me, I'm about 4.5 hours away and can't afford the gas anyhow.

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    Watching with interest. God Bless.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA *******

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    Shocking....

    From what I have read... and if the facts are as stated... this was a rotten situation and handled poorly by the police.

    In regards to holding the gun for proof of ownership.... I would love to see how this is going to be justified.

    Unless there was some credible evidence to prove or even believeit was not his gun.... there is no reason tocompel himto prove his property belongs to him. This could go for an IPOD or even a bicycle that you could be using in public.

    Looks like some remedial training is in order.

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    Press release e-mailed to the Dickson City Mayor.

    Message subject was: 400-pound Gorilla vs. Dickson City

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    LEO 229 wrote:
    Shocking....

    From what I have read... and if the facts are as stated... this was a rotten situation and handled poorly by the police.

    In regards to holding the gun for proof of ownership.... I would love to see how this is going to be justified.

    Unless there was some credible evidence to prove or even believeit was not his gun.... there is no reason tocompel himto prove his property belongs to him. This could go for an IPOD or even a bicycle that you could be using in public.

    Looks like some remedial training is in order.
    Yes, quite shocking.

    In this case I'm thinking that "poorly" may be quite an understatement. It appears on the surface that not only did the police not follow the law, they violated laws and constitutional protections as well.

    I am eagerly anticipating the outcome of this matter.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    I didn't really realize the extent of what happened until reading this press release. These "law" enforcement officers are a disgrace to the rest of the Pennsylvania LEOs (except those in Philadelphia). Like I've said before, though, the fortunate thing to come out of the whole situation is that Rich will not go away quietly, and will ensure that this is given the proper response it deserves. Good luck to Rich, and my sympathies to him and his family for having to put up with this assault.

    After this is resolved, I think the next step is attacking the PSP over their illegal gun registry. At least this might shut up some of the mindless ******** on PAFOA who insist that letting the police run their gun's serial number through the registry is harmless...

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    LEO 229 wrote:
    Looks like some remedial training is in order.
    No... looks like some arrests are in order.



    I find it interesting that, if a "citizen" is arrested for a crime, and the citizen did not know his actions were a crime, he is not allowed to claim ignorance. Yet when a LEO does something illegal, ignorance is allowed to be used as an excuse, and they simply need to be "retrained."


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    Ohio Patriot wrote:
    LEO 229 wrote:
    Looks like some remedial training is in order.
    No... looks like some arrests are in order.



    I find it interesting that, if a "citizen" is arrested for a crime, and the citizen did not know his actions were a crime, he is not allowed to claim ignorance. Yet when a LEO does something illegal, ignorance is allowed to be used as an excuse, and they simply need to be "retrained."
    § 5301. Official oppression.

    A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
    1. subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
    2. denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

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    Ohio Patriot wrote:
    LEO 229 wrote:
    Looks like some remedial training is in order.
    No... looks like some arrests are in order.



    I find it interesting that, if a "citizen" is arrested for a crime, and the citizen did not know his actions were a crime, he is not allowed to claim ignorance. Yet when a LEO does something illegal, ignorance is allowed to be used as an excuse, and they simply need to be "retrained."

    That's exactly what I was thinking, Ohio Patriot. The officers that WEREN'T involved with this need training to make sure it doesn't happen again. The officers that WERE involved need to be punished thoroughly.


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    Probably broke some federal laws as well:



    Deprivation of Rights

    Civil action for deprivation of rights

    U.S. CODE > TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

    § 1983. Civil action for deprivation of rights


    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.



    U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242

    § 242. Deprivation of rights under color of law


    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

  14. #14
    Campaign Veteran Dutch Uncle's Avatar
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    Its time for the people involved to find a good civil rights lawyer.


    I know PA has more gun owners per capita than any other state. Do you have any kind of a CDL organization up there? If not, OCDO could at least help with a few
    thousand angry emails to the police and local papers.

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    I wish this weren't so far away, I'd love to help out.

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    Tomahawk wrote:
    I wish this weren't so far away, I'd love to help out.
    +1 This is definitely worse than Tony's.

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    Snail mail letter sent to the chief. He's probably not gonna like what I had to say.



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    Ohio Patriot wrote:
    Probably broke some federal laws as well:



    Deprivation of Rights

    Civil action for deprivation of rights

    U.S. CODE > TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

    § 1983. Civil action for deprivation of rights


    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.



    U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242

    § 242. Deprivation of rights under color of law


    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
    Police (DA's?) often like to 'stack charges' on the accused. I say turnabout is fair play:





    TITLE 18 > PART I > CHAPTER 19 > § 373

    § 373. Solicitation to commit a crime of violence

    (a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.
    (b) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not “voluntary and complete” if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
    (c) It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution.






    TITLE 18 > PART I > CHAPTER 13 > § 241

    § 241. Conspiracy against rights

    If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.






    TITLE 18 > PART I > CHAPTER 26 > § 521
    § 521. Criminal street gangs

    (a) Definitions.—
    “conviction” includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony.
    “criminal street gang” means an ongoing group, club, organization, or association of 5 or more persons—
    (A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);
    (B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and
    (C) the activities of which affect interstate or foreign commerce.
    “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
    (b) Penalty.— The sentence of a person convicted of an offense described in subsection (c) shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d).
    (c) Offenses.— The offenses described in this section are—
    (1) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years;
    (2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and
    (3) a conspiracy to commit an offense described in paragraph (1) or (2).
    (d) Circumstances.— The circumstances described in this section are that the offense described in subsection (c) was committed by a person who—
    (1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c);
    (2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and
    (3) has been convicted within the past 5 years for—
    (A) an offense described in subsection (c);
    (B) a State offense—
    (i) involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years’ imprisonment; or
    (ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another;
    (C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or
    (D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).

    TITLE 18 > PART I > CHAPTER 55 > § 1201
    § 1201. Kidnapping

    (a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when—
    (1) the person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began;
    (2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States;
    (3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49;
    (4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116 (b) of this title; or
    (5) the person is among those officers and employees described in section 1114 of this title and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties,
    shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.
    (b) With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported to interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.
    (c) If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.
    (d) Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than twenty years.

    (RICO)

    TITLE 18 > PART I > CHAPTER 96 > § 1962

    § 1962. Prohibited activities

    (a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
    (b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
    (c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.
    (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.

    TITLE 18 > PART I > CHAPTER 96 > § 1963

    § 1963. Criminal penalties

    (a) Whoever violates any provision of section 1962 of this chapter shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both, and shall forfeit to the United States, irrespective of any provision of State law—
    (1) any interest the person has acquired or maintained in violation of section 1962;
    (2) any—
    (A) interest in;
    (B) security of;
    (C) claim against; or
    (D) property or contractual right of any kind affording a source of influence over;
    any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and
    (3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962.
    The court, in imposing sentence on such person shall order, in addition to any other sentence imposed pursuant to this section, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
    (b) Property subject to criminal forfeiture under this section includes—
    (1) real property, including things growing on, affixed to, and found in land; and
    (2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities.
    (c) All right, title, and interest in property described in subsection (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (l) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section.
    (d)
    (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section—
    (A) upon the filing of an indictment or information charging a violation of section 1962 of this chapter and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or
    (B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that—
    (i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and
    (ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered:
    Provided, however, That an order entered pursuant to subparagraph (B) shall be effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed.
    (2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the prop*erty for forfeiture. Such a temporary order shall expire not more than ten days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time, and prior to the expiration of the temporary order.
    (3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence.
    (e) Upon conviction of a person under this section, the court shall enter a judgment of forfeiture of the property to the United States and shall also authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to, or derived from, an enterprise or an interest in an enterprise which has been ordered forfeited under this section may be used to offset ordinary and necessary expenses to the enterprise which are required by law, or which are necessary to protect the interests of the United States or third parties.
    (f) Following the seizure of property ordered forfeited under this section, the Attorney General shall direct the disposition of the property by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with or on behalf of the defendant be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or a person acting in concert with or on behalf of the defendant, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C. 3302 (b), the proceeds of any sale or other disposition of property forfeited under this section and any moneys forfeited shall be used to pay all proper expenses for the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs. The Attorney General shall deposit in the Treasury any amounts of such proceeds or moneys remaining after the payment of such expenses.
    (g) With respect to property ordered forfeited under this section, the Attorney General is authorized to—
    (1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this chapter;
    (2) compromise claims arising under this section;
    (3) award compensation to persons providing information resulting in a forfeiture under this section;
    (4) direct the disposition by the United States of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and
    (5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition.
    (h) The Attorney General may promulgate regulations with respect to—
    (1) making reasonable efforts to provide notice to persons who may have an interest in property ordered forfeited under this section;
    (2) granting petitions for remission or mitigation of forfeiture;
    (3) the restitution of property to victims of an offense petitioning for remission or mitigation of forfeiture under this chapter;
    (4) the disposition by the United States of forfeited property by public sale or other commercially feasible means;
    (5) the maintenance and safekeeping of any property forfeited under this section pending its disposition; and
    (6) the compromise of claims arising under this chapter.
    Pending the promulgation of such regulations, all provisions of law relating to the disposition of property, or the proceeds from the sale thereof, or the remission or mitigation of forfeitures for violation of the customs laws, and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof. Such duties as are imposed upon the Customs Service or any person with respect to the disposition of property under the customs law shall be performed under this chapter by the Attorney General.
    (i) Except as provided in subsection (l), no party claiming an interest in property subject to forfeiture under this section may—
    (1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or
    (2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section.
    (j) The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section.
    (k) In order to facilitate the identification or location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure.
    (l)
    (1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.
    (2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within thirty days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury.
    (3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the property, the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner’s claim, and the relief sought.
    (4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within thirty days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection.
    (5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture.
    (6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that—
    (A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or
    (B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section;
    the court shall amend the order of forfeiture in accordance with its determination.
    (7) Following the court’s disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee.
    (m) If any of the property described in subsection (a), as a result of any act or omission of the defendant—
    (1) cannot be located upon the exercise of due diligence;
    (2) has been transferred or sold to, or deposited with, a third party;
    (3) has been placed beyond the jurisdiction of the court;
    (4) has been substantially diminished in value; or
    (5) has been commingled with other property which cannot be divided without difficulty;
    the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).


    (/RICO)



    TITLE 18 > PART I > CHAPTER 113B > § 2331

    § 2331. Definitions

    As used in this chapter—
    (1) the term “international terrorism” means activities that—
    (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;
    (B) appear to be intended—
    (i) to intimidate or coerce a civilian population;
    (ii) to influence the policy of a government by intimidation or coercion; or
    (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
    (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;
    (2) the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;
    (3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property;
    (4) the term “act of war” means any act occurring in the course of—
    (A) declared war;
    (B) armed conflict, whether or not war has been declared, between two or more nations; or
    (C) armed conflict between military forces of any origin; and
    (5) the term “domestic terrorism” means activities that—
    (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
    (B) appear to be intended—
    (i) to intimidate or coerce a civilian population;
    (ii) to influence the policy of a government by intimidation or coercion; or
    (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
    (C) occur primarily within the territorial jurisdiction of the United States.


    TITLE 18 > PART I > CHAPTER 113B > § 2339A

    § 2339A. Providing material support to terrorists

    (a) Offense.— Whoever provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 81, 175, 229, 351, 831, 842 (m) or (n), 844 (f) or (i), 930 (c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 1993, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, or 2340A of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), section 46502 or 60123 (b) of title 49, or any offense listed in section 2332b (g)(5)(B) (except for sections 2339A and 2339B) or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.
    (b) Definitions.— As used in this section—
    (1) the term “material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;
    (2) the term “training” means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and
    (3) the term “expert advice or assistance” means advice or assistance derived from scientific, technical or other specialized knowledge.












  19. #19
    Regular Member zoom6zoom's Avatar
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    Since one of the folks who had their sidearm seized was a gunsmith, therefore an FFL, it becomes a Federal charge:

    Section 923 (g), Title 18 USC requires each Federal Firearms Licensee (FFL) to report the theft/loss of a firearm from the licensee, within 48 hours of discovery to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by calling 1-888-930-9275 and to local law enforcement authorities.



  20. #20
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    zoom6zoom wrote:
    Since one of the folks who had their sidearm seized was a gunsmith, therefore an FFL, it becomes a Federal charge:

    Section 923 (g), Title 18 USC requires each Federal Firearms Licensee (FFL) to report the theft/loss of a firearm from the licensee, within 48 hours of discovery to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by calling 1-888-930-9275 and to local law enforcement authorities.
    Niiiiice...

  21. #21
    Regular Member sccrref's Avatar
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    zoom6zoom wrote:
    Since one of the folks who had their sidearm seized was a gunsmith, therefore an FFL, it becomes a Federal charge:

    Section 923 (g), Title 18 USC requires each Federal Firearms Licensee (FFL) to report the theft/loss of a firearm from the licensee, within 48 hours of discovery to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by calling 1-888-930-9275 and to local law enforcement authorities.

    Hopefully this was done lest it come back and haunt him for not doing it. I hope that all turns out well. Namely that the LEOs involved get charged and prosecuted in both civil and criminal courts. A few bad eggs ruin it for all of the good ones. Hopefully the blue wall will come down and get pissed off about a few rogue officers ruining the good reputation of the honest officers.

  22. #22
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    Good job guys! The only thing I'd like to add is the following in reference to the threatsof arrest for recording the incident:

    http://www.thenewspaper.com/news/05/541.asp

    It is disappointing thatthe fourth estate is conspicuously much too silent regarding the current events.





  23. #23
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    sccrref wrote:
    zoom6zoom wrote:
    Since one of the folks who had their sidearm seized was a gunsmith, therefore an FFL, it becomes a Federal charge:

    Section 923 (g), Title 18 USC requires each Federal Firearms Licensee (FFL) to report the theft/loss of a firearm from the licensee, within 48 hours of discovery to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by calling 1-888-930-9275 and to local law enforcement authorities.

    Hopefully this was done lest it come back and haunt him for not doing it. I hope that all turns out well. Namely that the LEOs involved get charged and prosecuted in both civil and criminal courts. A few bad eggs ruin it for all of the good ones. Hopefully the blue wall will come down and get pissed off about a few rogue officers ruining the good reputation of the honest officers.
    I think that you will hear that the theft was reported on Saturday (May 10th).

  24. #24
    Regular Member Deanimator's Avatar
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    LEO 229 wrote:
    Shocking....

    From what I have read... and if the facts are as stated... this was a rotten situation and handled poorly by the police.

    In regards to holding the gun for proof of ownership.... I would love to see how this is going to be justified.

    Unless there was some credible evidence to prove or even believeit was not his gun.... there is no reason tocompel himto prove his property belongs to him. This could go for an IPOD or even a bicycle that you could be using in public.

    Looks like some remedial training is in order.
    And the best training comes from the civil courts!

    Guillotine!
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

  25. #25
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    We need to bring back flogging for those that abuse Government positions. Make the bastards glad they don't live in Asia.

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