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Armed man arrested at NC airport as Obama departs

CarryOpen

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Viorel - you are wrong about the charge. The AG document is not and never has been accurate in the way it reads. You must be able to prove intent and you must be on or about public highways. Carrying a firearm openly (even in the hand) does not automatically convey intent, carrying one holstered and not making threatening remarks or actions bolsters the argument that there was no intent to terrorize.

This is a common law charge, there is no statute. I have yet to see one instance where it stuck, period. If there were such an instance, I highly doubt it had anything to do with simply open carrying. This charge is used as a tool by PDs and DAs to try and leverage us into forgoing our rights, but we are an open carry state and we have plenty of case law to support it.
 

Tess

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Ruger wrote:
If I were going somewhere that I knew the president to be, and I had the intention of hoping to see the president, even if only from a distance, I would NOT go there armed. It is inviting problems.

Whether or not anyone thinks that we should have to disarm in this situation is irrelevant to my point. The point being that we all know just how tight security is around the president, and we know how the secret service & others in law enforcement are going to view an armed civilian anywhere in the vicinity of the president.

Unless one is hoping to be some kind of test case in court, why put yourself in that situation to begin with? This is why I say (again) that it is generally a BAD IDEAto go, while armed, towhere you know the president is currently located, or will be located very soon. That is asking for trouble.
Yes, I saw that. I can read. I disagree.
 

elixin77

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Tess wrote:
Ruger wrote:
If I were going somewhere that I knew the president to be, and I had the intention of hoping to see the president, even if only from a distance, I would NOT go there armed. It is inviting problems.

Whether or not anyone thinks that we should have to disarm in this situation is irrelevant to my point. The point being that we all know just how tight security is around the president, and we know how the secret service & others in law enforcement are going to view an armed civilian anywhere in the vicinity of the president.

Unless one is hoping to be some kind of test case in court, why put yourself in that situation to begin with? This is why I say (again) that it is generally a BAD IDEAto go, while armed, towhere you know the president is currently located, or will be located very soon. That is asking for trouble.
Yes, I saw that. I can read. I disagree.

I agree with you. Why should one man hamper my inalienable rights as an American citizen?

And besides, what if someone doesn't follow the president's every move, and realizes that he waltzes into an area that the president happens to be in, while OC'ing. Does that mean he can't continue on with what he was doing?
 

Viorel

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Viorel - you are wrong about the charge. The AG document is not and never has been accurate in the way it reads. You must be able to prove intent and you must be on or about public highways. Carrying a firearm openly (even in the hand) does not automatically convey intent, carrying one holstered and not making threatening remarks or actions bolsters the argument that there was no intent to terrorize.
Thanks for the heads up, but to clarify I said...

You have to... 1. Have the weapon... 2. Have the intent.. 3. Act in the manner.
...but you are correct, I left out highway.

This is a common law charge, there is no statute. I have yet to see one instance where it stuck, period. If there were such an instance, I highly doubt it had anything to do with simply open carrying. This charge is used as a tool by PDs and DAs to try and leverage us into forgoing our rights, but we are an open carry state and we have plenty of case law to support it.
Red flag: The kid stated he was there to see Obama, establishing the link between him and the President, yet the SS didn't want to bother with it?
 

Dreamer

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OK, since I seem to be the "go-to expert" on this one I'll take it, and try and clear the GAttTotP thing with all the out-of-staters and foreigners...

GAttTotP is NOT a criminal charge in NC. It isn't even defined in any NC statute. It is "common law" infraction, and amounts to a civil charge like "disturbing the peace".

See my discussions on this issue at the following threads:

http://opencarry.mywowbb.com/view_topic.php?id=42072&forum_id=41&highlight=gatttotp

http://opencarry.mywowbb.com/view_topic.php?id=41502&forum_id=41&highlight=gatttotp

For those of you who are hyperlink-challenged, or just too lazy enough to use your "search" function on this forum, I'll try and distill all my previous posts into something understandable. North Carolina gun laws are a spaghetti-like twisted mess of confusing language, bizarre case law, outright racist statutes, and outright illegal and unconstitutional reliance on British Case Law. It's taken me about 2 years to figure out how it's even legal for the State to do half of what's on the books with regards to regulating sales and regulating carry, and I'll tell you what--it's been a VERY interesting two years...


Going Armed to the Terror of the People
A Primer

This "violation" is based on British Common Law, dating back to the 1400's. It is rarely applied to someone who is simply OCing, and in the VERY few instances where it is, it is almost ALWAYS thrown out by the judge because the case almost never meets the requirements of the violation, as determined by NC Case Law history and precedent.

You see, the key facet of the GAttTotP violation is the INTENT of the person carrying the weapon. It's not HOW you are carrying it, or even what you are carrying. It is the INTENT of the person carrying on which the applicability of the GAttTotP violation hinges.

If you are carrying for self-defense, or because it is your right under the US and NC State Constitutions, or because you are heading to the range, or because you just like the way it balanced the weight of the wallet or keys you're carrying in your back pocket, then GAttTotP DOES NOT apply.

ONLY if you are carrying with the expressed INTENT of causing terror in a specific person or the general public, does GAttTotP apply.

Here is the exact wording. The following information is derived from the 2007 version of the NC Firearms Laws, Section III- Possessing and Carrying Firearms

Subsection E - Areas Where Weapons Are Prohibited

Paragraph 6 - GATTTOTP

6. Going Armed To The Terror Of The People

By common law in North Carolina, it is unlawful for a person to arm himself/herself with any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public highways in a manner to cause terror to others.
There is some VERY subtle and SPECIFICALLY PARTICULAR wording being used in the GAttTotP definition. Those commas are breaks in the descriptive requirements of the violation, and you MUST meet all three descriptive criteria to be in violation. To make it more clear, I'll reformat the wording:

By common law in North Carolina,
  1. it is unlawful for a person to arm himself/herself with any unusual and dangerous weapon,
  2. for the purpose of terrifying others,
  3. and go about on public highways in a manner to cause terror to others.
So this is a "3 pronged" violation. You must be armed, AND it must be your specific intent to use your weapon to terrify people, AND you must be on a public highway (which under NC law is defined as ANY roadway, sidewalk, or thoroughfare that is maintained by ANY governmental body)

If you do not meet ALL THREE of these criteria, you are NOT committing the violation of GAttTotP.

You must also pay particularly close attention to the second criteria. This violation is what they call in the legal world, a "crime of intent". It is not based on any action that is on it's face illegal, but rather it is a violation based on the INTENT of the person being charged.



So to get back to the OP, as this story is being fleshed out by the media, it's starting to look more and more like maybe this kid was some ham-radio wanker. There is a little-known subculture among radio geeks that legitimate operators call "wankers", who are essentially cop wannabees--they get HUGE antennas for their cars (which are usually large, police-cruiser-like sedans), often put lights or strobes in their grills (which is illegal in many states), and they obsessively monitor police calls, and are often REALLY into cop gear. There were a LOT more "wankers" in the past, before the Internet, and before the days when young, bright, technically-talented kids were mind-controlled by PlayStations and Ritalin. There used to be a day in the US where geeks were actually encouraged to let their "geek flags" fly by becoming interested in technical hobbies, even if they did sometimes become a little obsessive...

But anyway, back to the OP. This kid was 23, which puts him squarely in the stereotypical "radio wanker" demographic. He had big honking antennae on his car. (it was the antenna that FIRST got the attention of the local police, and when they came to check it out, he was standing outside his car and they noticed he was OCing, which is NOT illegal in NC). He had clear strobes installed on his front and rear dashes. He had a digital camera mounted on the front dash. He had 4 large antennae on his trunk, and a siren installed in the grill.

And just look at the pic of this kid. It's pretty obvious he's sort of a geek. And he was a "band kid" in high school, for chrissake.

If being into police scanners, firearms and playing in jazz band is now a "dangerous profile" then I must be on the freaking "10 most wanted list"...

And according to the most recent reports, he had a valid OH carry permit (which he didn't need to be OCing in NC anyway. Although he is currently living in Coshocton OH (which is about halfway between Pittsburgh PA and Columbus OH), one fact that most of the Leftist Media isn't covering is that his MOTHER lives in Asheville, NC, which is where he was arrested. If visiting your mother isn't a good reason to be in a city several hours from your home, the I don't know what IS a good reason.

Yahoo is the only news outlet I've seen so far that doesn't use all sorts of hateful language to describe this guy, or use outright lies and propaganda to make it sound like OCing in NC is some sort of crime on it's face.

http://news.yahoo.com/s/ap/20100426/ap_on_re_us/us_obama_nc_airport_arrest

Apparently, he does volunteer work with the local Sheriff's office in OH and helps with traffic control at accident scenes and road construction and the like. And he is also an avid "storm chaser" and that is why he has a video cam on his dash--he likes to chase storms and post the videos on Youtube.

So essentially, this kid is guilty of being a super-duper-Ubergeek with a slight "cop wannabee" complex.

HOWEVER, when he handed the Asheville PD an invalid DL, things REALLY started to go downhill for Mr. McVey...

He was 23, and there has been no indication that he was a "prohibited person" so under NC law, he doesn't NEED a "reason" to carry a firearm. NC is an OC state, and his OH permit allows him to do the same in OH.

And under NC statute, it is NOT illegal to OC in the parking lot (or on any other property) of an airline terminal.

So let's look at the case as it stands.

  • He was charged with GAttTotP.
BUT he had NOT:
  1. made any threats against anyone
  2. was NOT on a public highway
  3. did not have the INTENT to terrorize anyone
  • It is NOT illegal to possess--or even to OC--a firearm in the parking lot of an airport in NC.
  • He was in the area for a good reason--visiting his mother.
  • He is, by all accounts, very civic-minded, does volunteer work with his local LEA's and rescue squads, and is very well-behaved, if a little bit geeky...
  • He had big antennas on his car, which is NOT against the law in NC or OH.
  • He had radio and scanner gear in his car, and likes to listen to emergency and police radio traffic--which is NOT illegal in ANY location under FCC laws. In fact, many police departments now make their radio traffic available as streaming audio over the internet...
  • The only thing he appears to have done that was actually a violation of any law was that his DL was invalid when they tried to run it. The media hasn't stated whether it was a fake ID or his DL was just expired, so it might just be that this kid wasn't paying attention and let his DL expire or something...
This GAttTotP charge will probably be thrown out, because NOTHING that he was doing meets the qualifications of it's case law precedents.

If anything, he will probably end up being cited for driving with an invalid DL, which is a minor charge in NC.

He better "lawyer up" quick. Considering the attention this case is getting, the slanderous speech against him in the press, and the OUTRAGEOUSLY high bond set on him of $100,000, I think he has a pretty good shot at a Federal Civil Rights violation lawsuit against the Asheville police.

Can you say "Amendment VIII of the Constitution" boys and girls?

The only law this kid broke was that his ID wasn't valid. Having an OC firearm in NC is perfectly legal. Having it in your car is perfectly legal. He had a carry permit from OH which has reciprocity with NC, making carrying it in ANY manner in NC legal. There is no statutory prohibition against possessing or carrying a firearm in the parking lot areas of an airport in NC. NOTHING this kid did with regards to the firearm on his hip was illegal.

He should he cited for driving without a valid DL, slapped with a fine, and sent on his geeky way...
 

Dreamer

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One more thing on this completely BOGUS GAttTotP charge. The initial thing that got the police's attention with this guy, according to the news reports, was that his car had big antennas on the trunk. It was NOT, from the news reports, because someone called in a MWAG call.

So if there was no complaint from "the people", he could not have possibly been "terrorizing the people".

I hope this kid gets a good lawyer. Asheville Regional Airport police should be finding themselves on the receiving end of a big fat "wrongful arrest" lawsuit for this one. Hopefully the courts out there in Bumcombe County know the law, and throw this charge out, toot suite...

His next court date is June 10. Perhaps this is a potential opportunity for NC 2A advocates to mobilize in Bumcombe County. Heck, I might make the trip, just to see how they try to justify this charge. If I can find out any more information about this, I'll let y'all know...
 

Dreamer

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News reports from the local Asheville TV station...

http://www.wlos.com/shared/newsroom/top_stories/videos/wlos_vid_2172.shtml

http://www.wlos.com/shared/newsroom/top_stories/videos/wlos_vid_2177.shtml


According to court documents, McVey was carrying a Springfield XD-40...


McVey is being represented by James Mills, a criminal defense attorney from Asheville who's firm specializes in Federal and State criminal law. Hopefully Mr. Mills knows the subtleties of the GAttTotP case law, and can get this charge thrown out quickly...

From my knowledge, there is not Case Law or Statutory Law prohibition on being a geek in NC. If there was, most of the people on this forum would have their pictures hanging up in Post Offices... :banghead:

McVey should be fined for having a messed up DL, and sent on his way...
 

elixin77

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From my knowledge, there is not Case Law or Statutory Law prohibition on being a geek in NC. If there was, most of the people on this forum would have their pictures hanging up in Post Offices...

Only the post office? I find that insulting! I should be on every telephone pole in Greenville by now!
 

Ca Patriot

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Americas resident Douche Bag # 1 (Keith Olberman) tonight on his show said that the man arrested was a Tea Party member and was basicallyattempting to assasinate the president while impersonating a police officer.
 

4armed Architect

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Dreamer wrote:
OK, since I seem to be the "go-to expert" on this one I'll take it, and try and clear the GAttTotP thing with all the out-of-staters and foreigners...
snip...
snip...

He should he cited for driving without a valid DL, slapped with a fine, and sent on his geeky way...
[line]
Dreamer,

Exceptionally well put-together post. Why can't "journalists" do their job this well.

There is a growing field of citizen volunteers throughout the nation affiliated with Law Enforcement/Fire/Emergency communications in organizations such as REACT or, where I live, CERT (Community Emergency Response Team).

Some members (as am I), are Ham radio licensed and do pay attention to local activities via "scanning". Sometimes we are called up and sent out on missions which include low-level stuff like assisting with evacuation drills or, occasionally traffic control. A few members (I don't) do legally (colors regulated by state law) have some strobe lights on their vehicles as they respond to the most traffic-control related calls and the lights are somewhat helpful at these situations. They did some major road block stints during the Station Fire out here in So. Cal.

To sum it up, while certainly the young man can be considered on the wankerish side of the scale, the idea that he might have all that stuff in/with his vehicle is very believable, especially if he is a Ham, and can & is very useful in supplemental citizen volunteer activities.

Great job on this Dreamer.
 

CarryOpen

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Viorel wrote:
Viorel - you are wrong about the charge. The AG document is not and never has been accurate in the way it reads. You must be able to prove intent and you must be on or about public highways. Carrying a firearm openly (even in the hand) does not automatically convey intent, carrying one holstered and not making threatening remarks or actions bolsters the argument that there was no intent to terrorize.
Thanks for the heads up, but to clarify I said...

You have to... 1. Have the weapon... 2. Have the intent.. 3. Act in the manner.
...but you are correct, I left out highway.

This is a common law charge, there is no statute. I have yet to see one instance where it stuck, period. If there were such an instance, I highly doubt it had anything to do with simply open carrying. This charge is used as a tool by PDs and DAs to try and leverage us into forgoing our rights, but we are an open carry state and we have plenty of case law to support it.
Red flag: The kid stated he was there to see Obama, establishing the link between him and the President, yet the SS didn't want to bother with it?

You also said this:

The law isn't very OC friendly at all. It pretty much says "yeah you can carry a gun, but if people freak out...".

Which is not in any way what the common law means. To support the above, it seems like you quoted the oft quoted and little understood AG document. Thus my reply above.
 

Viorel

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Which is not in any way what the common law means. To support the above, it seems like you quoted the oft quoted and little understood AG document. Thus my reply above.
Oh, I got you now.

Yeah, I was typing with my fingers, not with my head & didn't follow-up. It happens sometimes.

My thinking in the first post (the one you quoted) was it seemed they simply arrested him for carrying, regardless of the charge. I think it was PA where a LEO was part of some kind of dialog about OC and the LEO said "nope". Then it was mentioned that it was a lawful carry, which the LEO replied "then they'll be arrested with [--insert bogus charge-].

I can't speak for the dept & since I wasn't there, who knows why they charged him (we'll all find out soon enough no doubt), but what it seems (at least partially) is that the agency didn't want the publicity of letting some armed kid with scope data & "other creepy stuff" loose while the President is still fresh in people's mind.
 

eye95

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Viorel wrote:
Which is not in any way what the common law means. To support the above, it seems like you quoted the oft quoted and little understood AG document. Thus my reply above.
Oh, I got you now.

Yeah, I was typing with my fingers, not with my head & didn't follow-up. It happens sometimes.

My thinking in the first post (the one you quoted) was it seemed they simply arrested him for carrying, regardless of the charge. I think it was PA where a LEO was part of some kind of dialog about OC and the LEO said "nope". Then it was mentioned that it was a lawful carry, which the LEO replied "then they'll be arrested with [--insert bogus charge-].

I can't speak for the dept & since I wasn't there, who knows why they charged him (we'll all find out soon enough no doubt), but what it seems (at least partially) is that the agency didn't want the publicity of letting some armed kid with scope data & "other creepy stuff" loose while the President is still fresh in people's mind.
I understand where you're coming from on this, but that is still a poor reason to violate the rights of a law-abiding citizen (and it is looking more and more like that is what happened).

PR (personal rights) > PR (public relations)
 

Thundar

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If he was not operating his vehicle, then there was no reason to produce ID.

Never, ever, feed the bear. The Bear will bite the hand that feeds it.

Sterile open carry wherever you can. Can't produce ID that is back in the locked glove compartment of your locked car.
 

Thundar

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Ruger wrote:
"When the officer asked what he was doing, McVey stated 'he heard the president was in town. He stated he wanted to see the president,' according to the summary."

It is generally a BAD IDEAto go, while armed, towhere you know the president is currently located, or will be located very soon. That is asking for trouble.

I have done it more than once. As long as you are outside of the SS security zone the SS will leave you alone.

Some people just don't get it. We the People have The RKBA.

Live Free or Die,

Thundar
 

KBCraig

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Dreamer wrote:
HOWEVER, when he handed the Asheville PD an invalid DL, things REALLY started to go downhill for Mr. McVey...
The only thing he appears to have done that was actually a violation of any law was that his DL was invalid when they tried to run it. The media hasn't stated whether it was a fake ID or his DL was just expired, so it might just be that this kid wasn't paying attention and let his DL expire or something...
Thanks for the great post, Dreamer.

You seem to have read a lot more on the case than I have, but I didn't see anything that said his license was actually invalid. What I recall reading was that the police "...couldn't immediately confirm that it was valid through their computer system."

That happens all the time, but typically, unless it's past the expiration date shown on the license, it is presumed to be valid.

This kid, from what I can tell, got "Mtn Jack"-d.
 
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