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Thread: shotgun mixup near DC

  1. #1
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    has anyone seen this story on fox. a mother was transporting a shotgun I'm guessing in virginia when her car broke down so she got out and took the shotgun out and found out too late that she had got out in front of a bank with a police station. she was charged with disorderly conduct. interestingly she was not charged with brandishing because well it's legal. anyone hear the real story about this or what.

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    It wasn't near DC. It was in Washington State. It sounds like the disorderly is really just what you said. I bet she gets off when it gets to the judge.

    http://www.kptv.com/news/16394182/detail.html
    Woman Says Shotgun Incident Was MisunderstandingPOSTED: 7:30 am PDT May 26, 2008UPDATED: 7:57 am PDT May 26, 2008
    Smith said she slowly put down the shotgun while her 5-year-old daughter was hysterical. She said she tried to explain the situation to Longview police."I was doing what my husband asked me to do, which was take our shotgun down so that our phone didn't get shut off," Smith said.Police eventually stood down. They told Smith she can't carry a shotgun around two banks and the police department. Officers, who said there have been a number of armed robberies in the area, wrote her a ticket for disorderly conduct."It's not a crime to walk down the street to go to the pawn shop," said husband Robert Smith. "Unfortunately, the police have to do their job, and you know, I think they did what they were supposed to."Smith could be fined $250. She'll have a court appearance next week.Smith and her husband said they learned their lesson, but they wish the officers would have been more sensitive to their daughter."I know they're good guys, they just scared me a little bit," said 5-year-old Kaydence Smith.



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    Good guys???? Those LEO's just BROKE the law by writing her a ticket for disorderly conduct while on the way to the pawn broker.

    If it's perfectly legal to walk down the street with a long gun, how can she be cited for ANYTHING?

    Did she threaten anyone?
    Did she act 'strange'?
    Did she do anything unsafe?

    I suspect the answer is no, and was observed by a 'vigilant' LEO as a 'woman with a gun'. The thought police are watching...:X

    Well, you get the idea. This lady and her daughter are DUE at least an apology.

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    Regular Member Huck's Avatar
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    ufcfanvt wrote:
    They told Smith she can't carry a shotgun around two banks and the police department. Officers, who said there have been a number of armed robberies in the area, wrote her a ticket for disorderly conduct.

    Wait a minute! There's a police station in the neighborhood and there's been "a number of armed robberies" there?
    "You can teach 'em, but you cant learn 'em."

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    They told Smith she can't carry a shotgun around two banks and the police department.
    Apparently open carry is fine, just not "around" two banks and a police department. What a vague description of the non-existent law she's broken. No wonder they charged her with something she didn't do. Unbelievable.

    My only hope is that she and her family fight this and don't keep saying crap like "I learned my lesson." That only makes the cops and courts think she's guilty and further enforces their actions. I wish we could get up with this family somehow to advise them, but I guess all we can do is hope that if they consult a lawyer, he/she will know what he/she is doing when it comes to firearm laws.

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    This is asinine. It's not enough that they have to scrounge to pay their bills, they accumulate yet more at the hands of the police - and for what? I don't assume these cops are "good guys... doing what they're supposedto do" if this is the outcome. There is plainly no reasonableness standard being applied here, which ought to be the cornerstone of police work (as in reasonable and specifically articulable...)

    -ljp

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    Campaign Veteran deepdiver's Avatar
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    ufcfanvt wrote:
    They told Smith she can't carry a shotgun around two banks and the police department. Officers, who said there have been a number of armed robberies in the area
    I don't know if I should laugh or cry. LEOs point M16s at a mother and child for doing nothing illegal and then cited her for doing nothing illegal. Of course we have precedent for this with feds pointing M5s at a 6 year old in the middle of the night so I guess what's good for Janet Reno's feds is good for these *******.

    Oh, and now, people who have to hock their shotgun to pay the phone bill are facing $250 in fines which I can pretty much guarantee they need to feed and clothe their daughter if they are selling their belongings to pay for basic utility services. Actually this is quite sad and rather disgusting.
    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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    Newbie cato's Avatar
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    Time for an open carry shotgun walk near two banks and a police station?

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    Washington Definiton of Disorderly Conduct,

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.84.030

    (1) A person is guilty of disorderly conduct if the person:

    (a) Uses abusive language and thereby intentionally creates a risk of assault;

    (b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

    (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or

    (d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of:

    (A) The location where a funeral or burial is being performed;

    (B) A funeral home during the viewing of a deceased person;

    (C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or

    (D) A building in which a funeral or memorial service is being conducted; and

    (ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

    (2) Disorderly conduct is a misdemeanor.

    [2007 c 2 § 1; 1975 1st ex.s. c 260 § 9A.84.030.]

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    M1Gunr wrote:
    Washington Definiton of Disorderly Conduct,

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.84.030

    (1) A person is guilty of disorderly conduct if the person:

    (a) Uses abusive language and thereby intentionally creates a risk of assault;

    (b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

    (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or

    (d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of:

    (A) The location where a funeral or burial is being performed;

    (B) A funeral home during the viewing of a deceased person;

    (C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or

    (D) A building in which a funeral or memorial service is being conducted; and

    (ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

    (2) Disorderly conduct is a misdemeanor.

    [2007 c 2 § 1; 1975 1st ex.s. c 260 § 9A.84.030.]
    Yep. By that def, she'll walk even with a lawyer out of a Cracker Jack box. A public defender should be able to clear this up, I hope.
    I fear though that she'll cower under the boot that was placed on her face

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    Regular Member Thundar's Avatar
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    cato wrote:
    Time for an open carry shotgun walk near two banks and a police station?
    Long gun open carry? I'm in!
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Regular Member Thundar's Avatar
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    Thundar wrote:
    cato wrote:
    Time for an open carry shotgun walk near two banks and a police station?
    Long gun open carry? I'm in!
    This happened in the State of Washington, not near DC as the OP title suggested. Long way to go for a long gun open carry.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    ufcfanvt wrote:
    Yep. By that def, she'll walk even with a lawyer out of a Cracker Jack box. A public defender should be able to clear this up, I hope.
    I fear though that she'll cower under the boot that was placed on her face
    Maybe the public defender will help plea bargain her summary offense down to a misdemeanor...



  14. #14
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    So exactly what was her disorderly conduct?

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