Armed man arrested at NC airport as Obama departs

lil_freak_66 · May 6, 2010

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personally the next thing i hope to see in the news will be them saying he is released,all charges dropped....and suing them for everything he can.

and then a follow up saying he is now rich,and donated part of the money to OCDO.

if i was that prosecutor i wouldnt want to touch that case against him.

WNCTarheel · Jun 11, 2010

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His pre-trialhearing was supposed to be yesterday but his lawyer asked for a continuance. I hope this means that they are planning to fight it tooth and nail.

DrMark · Jun 11, 2010

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Thanks for the update.

lil_freak_66 · Jun 20, 2010

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is he still getting the going armed to the terror of the public charge??

WNCTarheel · Jun 21, 2010

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lil_freak_66 wrote:

is he still getting the going armed to the terror of the public charge??

As far as I know, yes. If that's all they have to charge him with (and from all information that was released, they don't have anything else) then they will lose big time in court. It may be that they are hoping he will fold to pressure, or not fight it but I doubt that his lawyer would be asking for delays if that was the case. Pressure could be applied to him in other ways ( i.e. blackmail ) as in "plead guilty to this or else we'll come up with a dozen other things to charge you with". He also has family in the area so pressure could be applied in other less directways. Our local law enforcement has been known to use these sort of tactics. One thing of note is my search does not show any K-12 schools within 1000 ft of the airport so they can't sting him with that.

Edit: His next hearing is scheduled for August the 24th.

TheFreeman · Jun 21, 2010

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Thanks for the update. I am interested in seeing where this goes.

Anthony_I_Am · Jun 21, 2010

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Does 1000 feet of a school include roads? I often drive on a public street that is located literally yards away from a highschool. Never thought much about it until I read the post.

.

WNCTarheel · Jun 21, 2010

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Anthony_I_Am wrote:

Does 1000 feet of a school include roads? I often drive on a public street that is located literally yards away from a highschool. Never thought much about it until I read the post.

From what I understand, If you have a NC issued Conceled permit, no it does not. If you are OCing and do not have a NC concealedpermit, or have a permit from another state with reciprocity, it does. IANAL.

Yard Sale · Jul 28, 2010

Any news on this? I saw a trial date of July 10 but Google can't find anything beyond the initial arrest. Did he get an extraordinary rendition?

WNCTarheel · Jul 28, 2010

Yard Sale said:
Any news on this? I saw a trial date of July 10 but Google can't find anything beyond the initial arrest. Did he get an extraordinary rendition?

A bit further up this page you'll see the post where his lawyer asked for a continuance. Next hearing date is August the 24th.

WNCTarheel · Aug 25, 2010

News came out today that he has been convicted of violating a city ordinace against carrying a firearm on city property ( NOT GATTTOTP. That charge was dropped after the DA determined that the facts of the case did not support it). Sounds like BS to me, as you can bring a pistol into the airport property legally. Also was convicted of violating a state law against possession of a siren by a person other than law enforcement or emergency personnel. Got time served ( 3 days ), but in a horrible descision, the judge ordered that the handgun siezed when McVey was arrested was to be destroyed instead of being returned.

Ruger · Aug 25, 2010

Sounds to me like when they realized they couldn't convict him of GATTOP, they decided to try to save face for themselves by digging up whatever they could possibly find (misconstrue) to throw at him.

The decision to destroy his XD rather than return it is pure BS just to spite him. At least he didn't get slapped with a lifetime ban on owning/posessing firearms.

I don't know the guy, but I'm P.O.'d on his behalf.

WNCTarheel · Aug 25, 2010

OK, NCGS 20-125 does say "it shall be unlawful, except as otherwise provided in this section, for any vehicle to be equipped with or for any person to use upon a vehicle any siren..."

elixin77 · Aug 25, 2010

WNCTarheel said:
OK, NCGS 20-125 does say "it shall be unlawful, except as otherwise provided in this section, for any vehicle to be equipped with or for any person to use upon a vehicle any siren..."

But where in that law does it merit a firearm to be destroyed?

I'm fine with that charge - he did have a siren on his car, even if he was part of the HAM emergency response team. But destroying a firearm? BS, pure and simple.

Is there anything, we as citizens, can do to remove this judge from his 'throne?'

WNCTarheel · Aug 25, 2010

elixin77 said:
But where in that law does it merit a firearm to be destroyed?

I'm fine with that charge - he did have a siren on his car, even if he was part of the HAM emergency response team. But destroying a firearm? BS, pure and simple.

Is there anything, we as citizens, can do to remove this judge from his 'throne?'

I think it was the charge of him carrying on city property that got the firearm destroyed. Which is BS. After all, you can take a gun to the airport to check it in before flying with it, so in that case you have a weapon on city property also. Doesn't make sense and I hope he appeals.

mekender · Aug 25, 2010

As I said on another forum:

I wish that someone with deep pockets and a good attorney would challenge the city property bans in NC. There is no way that a ban of possession on ALL city property is constitutional under the exception in Heller for sensitive places. I could see court houses, police stations, schools and other places being upheld as places that you cannot possess but ALL city property has got to be over broad. There is no justifiable way that compelling government interest would be able to be articulated for a ban on possession on sidewalks for example.

chiefjason · Aug 26, 2010

It's likely the "display" portion of this statute that got him. Funny that this was never mentioned before. It's the same law Cary uses to ban OC on sidewalks. He was fine in the car, the moment his feet hit the pavement is where his problems started. Not that I agree with it, just sayin. And I too wonder how you get around this when transporting a firearm through the airport.

160A‑189. Firearms.
A city may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place within the city except when used in defense of person or property or pursuant to lawful directions of law‑enforcement officers, and may regulate the display of firearms on the streets, sidewalks, alleys, or other public property. Nothing in this section shall be construed to limit a city's authority to take action under Article 36A of Chapter 14 of the General Statutes. (1971, c. 698, s. 1.)

sultan62 · Aug 26, 2010

Is GRNC working on preemption?

cricketdad · Aug 26, 2010

sultan62 said:
Is GRNC working on preemption?

Quick answer is no.

IIRC NCGS 14-415.23, Statewide uniformity, was passed in 94.

The General Assembly is not is session. Won't be until next year. With the new session everything starts over new.

Number one priory right now for GRNC is the November election.

If you (collectively) want to see change in NC firearm laws......find a pro gun candidate in your district, contact their campaign and help get them elected.

If you want to know what a candidate's position is on firearms look at the Remember In November program GRNC does for every election. This is the one done for the primaries: http://grnc.org/primaryvoterguide/nc_senate.htm

Early in October it will be updated for the elections. Every candidate that is still in the running and did not respond to our survey was given another chance this week.

Again, if you want to see change....put boots on the ground.

sultan62 · Aug 26, 2010

Much appreciated, cricketdad.

Armed man arrested at NC airport as Obama departs

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