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Thread: We-hel-helll... lookie here....

  1. #1
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    While searching my screen name for a post I wanted to reference on another forum, one of the returns was THIS.
    It's a post made in a TRI-MET OPERATORS 'GROUP' on Yahoo. It would appear that even if the higher ups didn't inform the rank and file of the legality of OC-ing a firearm, the rank and file (at least one of them) has taken note and spread the word themselves.:celebrate


    Edited to add: Apparently you need to sign up for the group the view the post...here's the text:


    interesting incident on the max.....internet blog........ See my most recent posting for details. Original post below: We'll be sparse on the details for the moment, since there is legal action pending. More will come out over time. Myself and Phssthpok were arrested on the Max today, at the 82nd Ave stop. Not for any kind of a firearms violation (we had that well covered), but for allegedly recording the conversation we had with the officers. We were criminially cited under Oregon's "wiretapping" law, ORS 165.543. Yes, we are aware how weird this seems. We are aware it doesn't seem applicable. It's probably not. There is another statue that is likely applicable, and I'm not sure if the DA will be able to change the charges between now and then, so for now, finding it is left as an exercise to the reader. We spent more than six hours getting "booked" in the Multnomah County jail downtown, after which we were released with no transportation to our vehicles which were still at the Expo center. We ended up splitting a cab. Our firearms are in the custody of the police for the moment, though (thankfully) they didn't book them as "evidence," but a special kind of personal property. Looks like there's even a shot at getting my ammo back, but it's not worth it to me to press for that. We were also excluded from the Max for 60 days -- again, not for a violation of their "firearms" policy (we pretty much conviced the security guy it was invalid under Oregon law), but for the "criminal" behavior of allegedly recording our conversation with the otherwise quite professional and understanding security/police officers. Right now, we could use any kind of support anyone can offer. Phssthpok doesn't care so much, but I personally want to see the exclusion lifted. I have 9 days to file an appeal, and will need help perparing it. Unfortuantely, the exclusion is the least of my worries, given the pending criminal charges. I (and I'm sure Phssthpok as well) am seeking a good criminal defense attorney that charges a resonable rate (I know, I know), preferably someone who understands the issue at hand well (not necessarily a "firearms" guy... someone who works with the media might do). I'll be looking at my Prepaid Legal plan to see what they have to offer at a 20% member discount, but I'm not expecting much. I would also like to contact OFF to see if they have any attorney recommendations, or are willing to help. It was pretty clear from the situation that the guns were the problem for security/police, but since we had our bases covered, they had to grasp at straws and find something else. Neither of us have much money. I'm thinking of setting up some kind of a legal defense fund, but have no idea how to start or go about it legally. I'll provide some more info on this if it materializes. ----- Our trip wasn't all bad. We went from Expo to downtown, had lunch, from downtown to Gresham, and were on our way back to Expo from Gresham, when the unfortunate incident happened. We spoke with a *ton* of people who had no idea it was legal for the to carry a firearm, much less openly and definately *not* on the Max. We explained the law to them, as well as many of it's quirks regarding CHLs and preemtpion. We easily educated at least 30 people through 6 or 7 converstations, and the last group we saw was a bit upset at the security guys for pulling us off the train due to our firearms, and totally supportive. Not a single one expressed any "alarm" -- they were all cool with it and wanted to know how to do it themselves. With a few other people making the effort, we'll have a max train full of gun-totin' riders before you can blink an eye! ----- Some personal comments from me: I'm hoping to at least beat the ridiculous criminal charge, if not the tri-met exclusion as well. Loosing will probably mean the end of open carry for me, at least for a while. It's just not worth the possibility of being deprived of my freedom again. If they win the next battle, they get the war. I've not yet been convicted, only accused, and even if the unfortunate happens, of a BS law (pretty much everyone with internet access and youtube knows that good things -- not bad things -- come out of taping police officers at work). Still, part of me feels like, with an arrest on my record, I'm now somehow "tainted." I feel like I'm already a criminal, and I feel like the important thing now is to get back to normality (read: sheepishness) rather than risk the consequences of continuing the fight for firearms freedom in this great state. While we technically haven't been accused of a firearm crime, there's no question that it was the officer's reaction to the firearms that caused all this mess. Covering it up and I'd have been home hours ago, not looking to face criminal charges. Still, there is a part of me that wants to fight harder than ever now. It sounds counter-intuitive, but I don't think you can truly understand freedom until you've been deprived of it, even in such a small way as I have been. And it seems more important now than it ever has been to continue fighting for. I imagine that, over time, I'll develop some more clarity about my feelings and thoughts about this experience. In the meantime, I'm tired, still in a fog, and still reeling from the whole experience. I need some food and some sleep. I do hope this doesn't discourage anyone else. If anything, it's time for an OC rally on the Max. The security guard told us that he "didn't want to fill up his train with a bunch of people with guns." Let's freakin' fill it up. Last edited on Mon Mar 17th, 2008 01:45 pm by grishnav

  2. #2
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    Man I wish I could find the court case, but there is one that applies to that. Basically, it had to do with a cop in Indiana that arrested someone for following him and video taping him while he was on duty. Arrested him for invasion of privacy, some wiretapping law, and for stalking/harrasment. As it turns out, the man never interfered with the cops duties and stayed plenty far back. His case was eventually dropped, the judge said that the police officer had no resonable expectation of privacy while in the performance of his PUBLIC duties. Most of those laws about wiretapping only apply to situations where you actually have a resonable expectation of privacy.

  3. #3
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    IndianaBoy79 wrote:
    Man I wish I could find the court case, but there is one that applies to that. Basically, it had to do with a cop in Indiana that arrested someone for following him and video taping him while he was on duty. Arrested him for invasion of privacy, some wiretapping law, and for stalking/harrasment. As it turns out, the man never interfered with the cops duties and stayed plenty far back. His case was eventually dropped, the judge said that the police officer had no resonable expectation of privacy while in the performance of his PUBLIC duties. Most of those laws about wiretapping only apply to situations where you actually have a resonable expectation of privacy.
    We have one in Wa. that deals with it also. State vs Flora also held that while on duty and acting on official business officers conversations cannot be construed as private.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Seems to me that story has been posted here before . . . .

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