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Thread: Trilogy of PA Open Carry Court Cases Kicks Off with Victories in Pittsburgh & Lebanon!

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    OpenCarry.org


    For Immediate Release – October 3, 2008


    Trilogy of PA Open Carry Court CasesKicks Off with Victory in Pittsburgh over Illegal City Open Carry Ban!


    Trifecta Predicted


    -------------------------------


    On Thursday, October 2, 2008 a Pittsburgh Judge dismissed a charge against Tony Oliva for violating Pittsburgh City Code § 607.06 for open carrying a handgun in a McDonalds restaurant.[1] Pittsburgh police had issued a summons to Tony for violating this illegal Pittsburgh ordinance.[2] On June 28, 2008, shortly after the citation was issued, Pittsburgh Police Lieutenant Herrman indicated to OpenCarry.org Mike Stollenwerk that the citation should not have been issued, and followed up later in an email to state that “[t]he citation has been submitted for a magistrates hearing and will be assigned a hearing date in the very near future. I am confident that the issue will be resolved appropriately.” Bottom line is that Tony DID violate Pittsburgh’s open carry ban – but that ban is not enforceable, and OpenCarry.org served notice on the City of this fact years ago.[3]

    The next two judicial reviews of open carriers’ civil rights will take place as follows:



    • On Monday,6 OCT Jack Noble has his hearing re the charges by the State Police for Disorderly Conduct and Disrupting a Meeting/Procession for open carry in a park where no meeting was taking place: 9AMon 6 OCT at Beaver County Courthouse, 810 3rd Street, Beaver, PA 15009.[4] Andrew Koch (pronounced "Coke") atAndrew@lildobe.net is coordinating gun owner support and attendance for Jack at this hearing including a meet-up at the very park where jack was illegally arrested on some sort of "future crime" theory held by thePA State Police (Troop D really need to return that Tom Cruise movie"Minority Report" back to NetFlix, sheesh!).





    • On October 14 at 2PM Meleanie (“Soccer Mom”) Hain’s appeal of her concealed carry license will be heard by the Chief Judge of Lebanon County in courtroom 1, Lebanon County Courthouse, PA.[5] At issue is Sheriff DeLeo abuse of discretion in revoking Meleanie's concealed carry license because she exercised her constitutional right to open carry. Franklin County resident Greg Rotz is organizing what is expected to be a heavy gun owner turnout for this hearing.[6]

    OpenCarry.org expects open carriers to achieve a trifecta and prevail in all three proceedings.

    Further, OpenCarry.org calls on the City of Pittsburgh to repeal their illegal City Code § 607.06, and for Sheriffs of Pennsylvania to acknowledge and respect the well known Constitutional right to open carry.






    ###



    Media Contacts:

    Mike Stollenwerk -Mike@OpenCarry.org

    John Pierce - John@OpenCarry.org


    [1] See Tony’s raw and unedited report at http://opencarry.mywowbb.com/forum66/16775.html.


    [2] The ordinance is illegal because it conflicts with Section 6120 of the PA Uniform Firearms Act (preemption of localities on gun control), a law PA has in common with most states.

    [3] See Id[/i].


    [4] See http://ujsportal.pacourts.us/DocketS...CR-0000345-08.


    [5] The amended complaint can be found at http://opencarry.mywowbb.com/view_to...ump_to=276567.


    [6] Greg prevailed in a similar hearing some months ago when his concealed carry license was revoked because he open carried while voting, see http://opencarry.mywowbb.com/forum63/7305.html. Greg can be reached at Greg@PAOpenCarry.org.


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    Regular Member Thundar's Avatar
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    No trifecta this time, just more B.S. from a putrid legal system. MTN Jack is going to trial. Good luck MTN Jack, I will say a prayer for you and hope you prevail at trial.
    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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    Thundar wrote:
    MTN Jack is going to trial.
    Is he facing jail time?

    Ken



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    Usually first-offense Disorderly Conduct doesn't entail jail time, but he's going to whip their butts on it. I hope he's subpoenaing the secret service agents.

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    Regular Member Thundar's Avatar
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    mvpel wrote:
    Usually first-offense Disorderly Conduct doesn't entail jail time, but he's going to whip their butts on it. I hope he's subpoenaing the secret service agents.
    Subpoena the state police as well. They might just do all of this and then just not show up. Look what just happened in Pittsburg.
    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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    Thundar wrote:
    mvpel wrote:
    Usually first-offense Disorderly Conduct doesn't entail jail time, but he's going to whip their butts on it. I hope he's subpoenaing the secret service agents.
    Subpoena the state police as well. They might just do all of this and then just not show up. Look what just happened in Pittsburg.
    Are you really able to subpoena people like that for a trial for this type of misdemeanor? Do they have jurys for this type of trial or is it held before a judge?

    Ken

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    Would love to see subpoena of Obama, so he can testify how scared he was
    by that clinging to gun & bible type that was suppoprting 2A.



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    CowboyKen wrote:
    Are you really able to subpoena people like that for a trial for this type of misdemeanor? Do they have jurys for this type of trial or is it held before a judge?

    Ken
    It's a criminal prosecution, no matter how small, so it falls under Article 1, Section 9 of the Pennsylvania Constitution - "In all criminal prosecutions the accused hath a right ... to have compulsory process for obtaining witnesses in his favor..."

    Of course, if they treat that article like the Sheriff treated Article 1, Section 21, who knows how it'd turn out.


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    SlackwareRobert wrote:
    Would love to see subpoena of Obama, so he can testify how scared he was
    by that clinging to gun & bible type that was suppoprting 2A.

    lol :P

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    The soccer mom's appeal was a victory - so that's 2 wins - anyone know when Jack Noble's next hearing is??

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    Jury pick is tomorrow and the trial is to follow afterward or the next day... we think...We wish wecould be more specific but we really don't even know for sure ourselves...Keep us in your prayers and even better... if you can come and show your support please do!!! The more support the better.

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