hobbles
Regular Member
imported post
fternoon BB62,
I missed in his post where he said it was in Ky.
fternoon BB62,
I missed in his post where he said it was in Ky.
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Detained for OC
- Thread starter v8shoguy
- Start date
BB62
Accomplished Advocate
imported post
hobbles wrote:
Also, note that he posted his incident in the KY forum.
Oh, I forgot - WELCOME to OCDO!
hobbles wrote:
I understand -it was easy to miss.
Also, note that he posted his incident in the KY forum.
Oh, I forgot - WELCOME to OCDO!
hobbles
Regular Member
imported post
Thanks,,
Thanks,,
hotrod
Regular Member
imported post
If you don't find an attorney and follow up with legal action,you're nuts. 42USC1982. If your post is correct. and I believe it to be,you have a slam dunk case. They held you against your willwhen you have violated nolaw ofthe Commonwealth. I'm quite sure being in a Wal-Mart after midnight is not in the KRS. Good Luck!!
If you don't find an attorney and follow up with legal action,you're nuts. 42USC1982. If your post is correct. and I believe it to be,you have a slam dunk case. They held you against your willwhen you have violated nolaw ofthe Commonwealth. I'm quite sure being in a Wal-Mart after midnight is not in the KRS. Good Luck!!
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I have posted what I know. If anyone knows of a pro-2a civil rights attorney in the Louisville area, I am interested. I will field any questions that anyone has. I'm not claiming to be the poster-child for OC, but will do what I can for the cause. It really pissed me off when the officer told me that my rights ended at the point where someone becomes uncomfortable. If that's the case, we have alot less rights than we thought we had.
I have posted what I know. If anyone knows of a pro-2a civil rights attorney in the Louisville area, I am interested. I will field any questions that anyone has. I'm not claiming to be the poster-child for OC, but will do what I can for the cause. It really pissed me off when the officer told me that my rights ended at the point where someone becomes uncomfortable. If that's the case, we have alot less rights than we thought we had.
hotrod
Regular Member
imported post
v8shoguy wrote:
v8shoguy wrote:
I won't swear to it, but, I don't remember "comfort" being in the constitution. I have a friend who uses language I don't feel comfortably with, does that mean his first amendment right ends? I don't think so!!! I would have asked if I were free to go, just to get it on the record. I will see if we can find you an attorney....
MgoBlue
Regular Member
imported post
v8shoguy wrote:
Reg
v8shoguy wrote:
- What office did you try to reach today with LMPD?
- You say you left a message. What was their response when they called you back?
- Have you visited the local district office (behind the McDonald's there in Middletown)? My experience with the senior officers in this district has always been positive. If you head in to see the commanding officer, be sure to leave your weapon locked in your car for this discussion.
- If you want to speak to an attorney: Frank Mascagni would be a good one for this discussion. Office: 583-2831. He is pro-2A and a top defense attorney in town. However, I've always thought it best to try to resolve matters face-to-face without attorneys, if possible. Just my two cents, though.
Reg
Ohio Patriot
Regular Member
imported post
Sounds like the LEOs did not have RAS to detain you. Isn't that illegal?
Sounds like the LEOs did not have RAS to detain you. Isn't that illegal?
JSK333
Regular Member
imported post
This certainly sounds like a prime candidate for 42 USC 1983.
They threatened to harass and/or arrest you under color of law for exercising a constitutional right. That's no laughing matter.
Just replace OC with praying at a restaurant table before eating. "If we see you do that again in public, you won't beat the ride downtown. You can't pray in public, people might think you are an abortion-clinic bomber! Cut it out or we'll bring you in!"
1st amendment, 2nd amendment... some are more equal than others, apparently.
This certainly sounds like a prime candidate for 42 USC 1983.
They threatened to harass and/or arrest you under color of law for exercising a constitutional right. That's no laughing matter.
Just replace OC with praying at a restaurant table before eating. "If we see you do that again in public, you won't beat the ride downtown. You can't pray in public, people might think you are an abortion-clinic bomber! Cut it out or we'll bring you in!"
1st amendment, 2nd amendment... some are more equal than others, apparently.
imported post
JSK333 wrote:
MgoBlue, thanks for the advice, but the on-duty supervisor made it clear that he backed the actions of the officers 100%, and said they handled the situation like they should have. I have no interest in going to visit them. If they wanted to apologize they had the opportunity, on the scene or on the phone. That time is over.
Edit for more details:
At the end of the detainment, they told me I was free to go BEFORE I had received my firearm back. I asked for my firearm and they told me I needed to pop my trunk so they could put it back in my vehicle, as they could not hand me a loaded weapon back. I said, "Nope." I'd had enough long before this point, I was NOT going to give them the go-ahead to search my car. The initiator of the stop told the officer handling my weapon to put it on the ground. They had emptied all of the rounds out of the magazine. I had to walk behind my car to pick up my pistol, 9 rounds, and the magazine from the pavement.
JSK333 wrote:
Exactly. Of the people I have talked to, the overwhelming response is to find a lawyer, so that's what I'm going to do.
MgoBlue, thanks for the advice, but the on-duty supervisor made it clear that he backed the actions of the officers 100%, and said they handled the situation like they should have. I have no interest in going to visit them. If they wanted to apologize they had the opportunity, on the scene or on the phone. That time is over.
Edit for more details:
At the end of the detainment, they told me I was free to go BEFORE I had received my firearm back. I asked for my firearm and they told me I needed to pop my trunk so they could put it back in my vehicle, as they could not hand me a loaded weapon back. I said, "Nope." I'd had enough long before this point, I was NOT going to give them the go-ahead to search my car. The initiator of the stop told the officer handling my weapon to put it on the ground. They had emptied all of the rounds out of the magazine. I had to walk behind my car to pick up my pistol, 9 rounds, and the magazine from the pavement.
KY_CCDW
Regular Member
imported post
I would have reloaded at that point...... Right in front of them!
I would have reloaded at that point...... Right in front of them!
BB62
Accomplished Advocate
imported post
v8shoguy wrote:
You're right - the overwhelming response is to find a lawyer, just as I tried to do when I was stopped, at gunpoint, detained, and threatened with prosecution for OCing a few years ago.
Fortunately, I found a number of honest attorneys who told me that since I was not arrested, if I were to file suit Iwould do nothing but spend a lot of time and money for little or no recompense.
I know from my experience and that of othersthat any number of attorneys will be glad to take your money and you will receivelittle or no benefit. A fellow Ohioan has already spent $5,000+ on such a matter and it has not been in front of a judge yet.
It sucks, but that's the way it is.
Again, just make sure it doesn't cost you anything to pursue the course of action the majority suggests.
v8shoguy wrote:
Just make sure it doesn't cost you anything to do so.
You're right - the overwhelming response is to find a lawyer, just as I tried to do when I was stopped, at gunpoint, detained, and threatened with prosecution for OCing a few years ago.
Fortunately, I found a number of honest attorneys who told me that since I was not arrested, if I were to file suit Iwould do nothing but spend a lot of time and money for little or no recompense.
I know from my experience and that of othersthat any number of attorneys will be glad to take your money and you will receivelittle or no benefit. A fellow Ohioan has already spent $5,000+ on such a matter and it has not been in front of a judge yet.
It sucks, but that's the way it is.
Again, just make sure it doesn't cost you anything to pursue the course of action the majority suggests.
imported post
Just got off the phone with the attorney that was recommended to me by the KY Lawyer Referral Service. His name was Brian Cassis. He said that nothing happened that he can help me with, I should leave it in the car next time.
On another note, I am not easily discouraged. I will continue to OC despite the threats of the Louisville Metro Police Department to lock me up if they receive another phone call about me.
Just got off the phone with the attorney that was recommended to me by the KY Lawyer Referral Service. His name was Brian Cassis. He said that nothing happened that he can help me with, I should leave it in the car next time.
On another note, I am not easily discouraged. I will continue to OC despite the threats of the Louisville Metro Police Department to lock me up if they receive another phone call about me.
JSK333
Regular Member
imported post
Just keep in mind that lawyers are not magically perfect people any more than LEOs are. I think we come to expect that sometimes (perhaps unconsciously), due to our high ideals.
They are people with their own biases too, so it's not surprising that many lawyers will not be personally affable to a firearm-rights case due to their own dislike of guns.
The one countering agent would (hopefully) be that they stand to make some money, but even that is not always enough... hopefully you will find one that both respects the Constitution and is spurred on even more by getting paid.
Just keep in mind that lawyers are not magically perfect people any more than LEOs are. I think we come to expect that sometimes (perhaps unconsciously), due to our high ideals.
They are people with their own biases too, so it's not surprising that many lawyers will not be personally affable to a firearm-rights case due to their own dislike of guns.
The one countering agent would (hopefully) be that they stand to make some money, but even that is not always enough... hopefully you will find one that both respects the Constitution and is spurred on even more by getting paid.
DrMark
Lone Star Veteran
imported post
v8shoguy wrote:
"Sorry Ms. Parks, nothing happened that I can help you with. You should just sit in the back of the bus next time."
v8shoguy wrote:
:X
"Sorry Ms. Parks, nothing happened that I can help you with. You should just sit in the back of the bus next time."
SlackwareRobert
Regular Member
imported post
But even if you don't get a lawyer, file the FOI for the calls, especially the one they
made to the manager. His comments to them that you are just a customer buying
goods will go a long way to destroying thier MWAG response.
Then find a location for a spare mag so you can reload quicker in the future.
This will allow you to protect those evil rounds from escaping into the wild.
And most important, in the future buy R-12 if you are going to be breaking the law.:banghead:
But even if you don't get a lawyer, file the FOI for the calls, especially the one they
made to the manager. His comments to them that you are just a customer buying
goods will go a long way to destroying thier MWAG response.
Then find a location for a spare mag so you can reload quicker in the future.
This will allow you to protect those evil rounds from escaping into the wild.
And most important, in the future buy R-12 if you are going to be breaking the law.:banghead:
BB62
Accomplished Advocate
imported post
SlackwareRobert wrote:
SlackwareRobert wrote:
+100
BB62
Accomplished Advocate
imported post
v8shoguy wrote:
IF LPD locks you up or arrests you, THEN you've got a very worthy cause of action.
v8shoguy wrote:
There's no need to be, and it's great that you have that attitude. You can still rock the world of those who took part in this travesty without involving an attorney. See my PM.
IF LPD locks you up or arrests you, THEN you've got a very worthy cause of action.
hotrod
Regular Member
imported post
Nick C Thompson
800 Stone Creek Parkway
Suite 6
Louisville KY
502-429-0057
Look up this guy. He has written several books on handgun carry and he is a Louisville lawyer
Nick C Thompson
800 Stone Creek Parkway
Suite 6
Louisville KY
502-429-0057
Look up this guy. He has written several books on handgun carry and he is a Louisville lawyer