The Columbian - Prosecutor mulls case of man accused of scary carry statute violation

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Is New York still part of the United States? I ask because they haven't honored The Constitution in years. New Jersey and Illinois, as well. are Constitution Free Zones.

MD

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Continuing along for just a little more on the New York theme, the following chart is based on NYPD guidelines on what to watch for to justify a Terry Stop in NYC...

The idea is if a LEO catches any of these "tells" a stop/ID/patdown is fully justified.

Makes justifying a Terry pretty easy.

http://tijil.org/CCW_Finder.jpg

(I didn't put the whole big image up here - figured it was better for those interested to just go look at it on my server.)

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I wonder what would happen if I was stopped and had my AK pistol on me? wonder if the LEO would be smart enough to know the difference between a AK Pistol and an AK Rifle?

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Contract_Pilot wrote:

I wonder what would happen if I was stopped and had my AK pistol on me? wonder if the LEO would be smart enough to know the difference between a AK Pistol and an AK Rifle?

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Quite honestly I think that most officers would believe it was an illegally modified rifle with a sawed off stock and barrel rather than a legit pistol.

Same with a some of the rifle cartridge hunting pistols (Contender, for example).

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IF his carry rights have been violated and the Police were wrong in their actions, would there be cause for a lawsuit against the VPD and City?

The ONLY thing that will prompt change is a nice judgment against the city.

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NavyLT wrote:

M1Gunr wrote:

Mike wrote:

UPDATE: http://www.columbian.com/news/2010/mar/23/prosecutor-decision-in-open-carry-case-near

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Mike it looks like they changed the URL after you posted. Here's the 2 I found after a search.

March 23rd - http://www.columbian.com/news/2010/mar/23/prosecutor-reviews-man-with-gun-case/

March 24th - http://www.columbian.com/news/2010/mar/24/prosecutor-decision-in-open-carry-case-near/

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And, BTW, on the second link..... TOOOT, TOOOT!..... a certain member of OCDOcomments seem to be getting a fairly warm welcome...

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Bravo Zulu!

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This is a quote on the comments section:

The City of Vancouver pursued criminal prosecution in under very similar circumstances in the end of last year. Judge Schreiber dismissed the allegation finding that the 'no reasonable jury could find the essential elements of the crime.' The City of Vancouver appealed the dismissal. Judge Barbara Johnson heard oral argument on the matter last week. She should issue a ruling within the next couple weeks. I would expect her opinion to give the City direction in how to dispose of this case.

swwattorney [/b]— March 28, 2010 at 7:40 p.m. ( permalink | suggest removal )

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http://www.columbian.com/news/2010/mar/24/prosecutor-decision-in-open-carry-case-near/

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Follow up article in the Columbian today:
http://www.columbian.com/news/2010/mar/30/attorney-suspect-await-decision-open-carry-handgun/


Attorney, suspect await decision in open-carry handgun case

By Bob Albrecht
Columbian staff writer

Tuesday, March 30, 2010


Vancouver, WA — The attorney for a man who was ticketed March 19 for wearing an openly displayed pistol outside an Albertsons shopping center said today he has not heard from the City Attorney’s Office since last week.

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The above "article" vanished from the Columbian site, so I dropped them a quick note...

>>> Tom <__________@gmail.com> 3/30/2010 11:57 AM >>>
It has been nearly a week since the last report on this, and is well past the City Prosecutor's promised time for him to figure out if there is or isn't a case...

http://www.columbian.com/news/2010/mar/24/prosecutor-decision-in-open-carry-case-near/

Do you folks have any further news, or might the City Prosecutor be hoping to wait 'til there is no longer public interest in this before acting? )

Thanks!
Tom ____

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Got a reply...

Tom,

Yes, we are currently working on a story about this. To borrow a phrase from our friends in TV-land, stay tuned.

Mark Bowder
Assistant Metro Editor
The Columbian
mark.bowder@columbian.com

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There we are.

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They're pressing charges.

http://www.columbian.com/news/2010/mar/30/prosecutors-planning-charge-man-open-carry-handgun/

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Assholes.

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sv_libertarian wrote:

@#$%s.

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+1

QFT

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I hope Mr. Kirby Wins at trial.

If Mr kirby wins he should seek damages.

This is vantucky not NY or California..

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For the life of me, I do not understand why they think they have a case? Even the police say he wasn't doing anything menancing.

Kirby made no menacing statements or gestures to anyone at 5000 E. Fourth Plain Blvd., police say. He simply stood around near stores for 10 to 15 minutes before someone called 911, according to a Vancouver Police Department report.

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I think the prosecutor is betting he will not have enough money to defend himself through trial and to many assets or income to get a public pretender.

Prosecuting Attorney Art Curtis will not be reelected. I vote Nay and a Nay vote for anyone he endorses.

If my memory recalls I received a post card from the NRA about the prosecutor or city manager being a member of an anti gun establishment?

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So I wonder if we're allowed to attend the trial in open court.

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I just don't know about this town anymore, but I am not that surprised.

This is, after all, the sameProsecuting Attorney's officethat decided a cop, in uniform but off duty, pulling a gun on an UNARMED butcher as he was picking uphis processed deer was self defence AND..friggin' AND...almost charged the butcher with misdemeanor assault for shoving the box of meat in the cop's chest. Luckily, they called in outside help to avoid any appearance of "conflict of interests" and they decided not enough evidence. (Actually on re-reading the story on a blog, it was the Clark County Detective who recommended the charges. It is not on the Columbian's website, or at least that I could find, but here is a link to a local tv web site: http://www.katu.com/news/local/12787757.html It was one of the most ridiculous things I have ever read.)

And the writer for the Columbian is going to get an earful, as is the Editor, for continuously referring to the amount of bullets he had on him. Sensationalism 101.

Looks like the Court date has been pushed out to May, I WAS going to attend the hearing tomorrow as I had the day off...looks like I will have to plan another vacation day. I don't know about a big showing (in some ways I think it would be good, especially if it was mostly Clark County residents!), but as I live in Vancouver I don't see any reason not to go if I can.

And I think we might need to say Dang the Torpedoes, Full Speed Ahead on a picnic. Although, I have a feeling the City might require a permit and t hen not want to issue one. After all, what are we going to do SUE them....just like all the other laws/rules/etc they pass that they KNOW or should know are wrong, they also know no one is really going to challenge them.

:cuss: :X!!!!!!

Gary

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!%#$^^#@$#@!%%!@$!#$!@$% *breath* !@$%@^&$%#$!@! *breath* @#%^$#&

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deanf wrote:

So I wonder if we're allowed to attend the trial in open court.

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per the defendant's atty & wife - we open carriers are not wanted at the court house.

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M1Gunr wrote:

deanf wrote:

So I wonder if we're allowed to attend the trial in open court.

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per the defendant's atty & wife - we open carriers are not wanted at the court house.

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Yeah, cause our presence may make the otherwise reasonable prosecutor do something drastic like pressing charges.

This is the same PA who charged Josh in *2008* and that case still hasn't concluded!