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Thread: Open Carry Case

  1. #1
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    WTF you have to pay for your own fingerprinting.
    What sort of nickle and dime BS is that?
    He should demand they return the prints, he paid for them they are his.

    But he knew the law about being encased yet sat in the car waiting for a
    cop to show, sit on the hood and wait if you are to lazy to re-case it.
    I do agree with the car not moving it isn't transporting, but you need
    those things brought up at trial so you can appeal, why he let them change the
    charge after the fact like that as you go to trial is beyond me, but at the very least
    he was never fingerprinted for the crime he was convicted of so how could he be
    charged for something that didn't happen?



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    Didn't happen like that, I didn't have but a few secs to box the gun and in that time the cop would of saw me boxing it as he was approaching me.



    "why he let them change the
    charge after the fact like that as you go to trial is beyond me"

    Why you think I can control what a judge does is beyond me

  4. #4
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    r00t109 wrote:
    Didn't happen like that, I didn't have but a few secs to box the gun and in that time the cop would of saw me boxing it as he was approaching me.



    "why he let them change the
    charge after the fact like that as you go to trial is beyond me"

    Why you think I can control what a judge does is beyond me
    Thank you for contributing to this forum. So many things were not stated in the article that I hope you will be able to clarify them for us. The first impression is that you were victimized by the legal system and had to pay a considerable penalty for exercising your rights.

    If you can tell your side of the story, I would love to hear it. So often what we get in the media is biased and or misinformed.



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    The judge didn't care that I only was in my truck for a few sec while the cop was approaching. He robotically enforced guidelines he personally made up about the Gun Transporting Law.

    This is comparable to getting a ticket for not wearing a seat-belt just after you sit down in your vehicle. The Judge makes you pay for the ticket because you didn't put it on fast enough. Regardless of what the law actually says.

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    Did you have any option to appeal? Or was it simply way too costly to consider it? I appreciate that you exercised your rights. Can you tell us how you picked your attorney, and if he was worth the cost?

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    Yes, I am appealing. Jury Trial

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    r00t109 wrote:
    Yes, I am appealing. Jury Trial
    Wow. Great to hear. Do you need any help? There could be significant costs. Is your attorney a committed pro-rights person?

    Thanks for all your time. I know trials like this can be difficult, but at least it is only over a fine, so you do not have to worry about going to jail.

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    Help regarding the cost? Is that what you mean?

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    I do not know your circumstances, but people are often willing to help if there are significant costs. All that I know about you is that you are 20 years old. Do you have an idea of what the costs may be?

  11. #11
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    That is tough news. I had hoped for a different outcome. It just goes to show that you MUST know the laws extremely well and avoid such situations. You gave the coppers an opening to charge you that you could have easily avoided.

    How? Step out of your vehicle when you realize they are coming to see you.
    Or, quickly disarm and case the gun which I can do rather quickly. In any case, it is your responsibility to observe the law prudently under such circumstances given the hostility of SOME cops to open carry. This is not a time for timidity. You are acting to follow the law and who cares if it makes a cop nervous?


    Fortunately, this is a misdemeanor and it's not the end of the world like a felony would be.

    They are counting on you not appealing and you taking your lumps. It would cost you a lot less too. You might consider it.

  12. #12
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    OK, what "transport law" are they talking about? Must be a local ordiance - what is the code section and link if possible?

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    @KansasScout

    Wow... -_-

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    I can't find the Topeka "Gun Transport" Ordinance anywhere.

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    r00t109

    Please quote the exact ordinance or law you broke? Give the reference number or post a copy of it on this thread. If you don't know please call your lawyer and get the information.

    If I were in your shoes I would want a copy of the law the court said you broke.

    I can't find what law/ordinance you're talking about?

    Any help you can give would be appreciated.

    Marine0300

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    marine0300 wrote:
    r00t109

    Please quote the exact ordinance or law you broke? Give the reference number or post a copy of it on this thread. If you don't know please call your lawyer and get the information.

    If I were in your shoes I would want a copy of the law the court said you broke.

    I can't find what law/ordinance you're talking about?

    Any help you can give would be appreciated.

    Marine0300
    I did some google searches, and could not find any ordinance for Topeka. People have been convicted of non-existant ordinances before....

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    r00t109 wrote: Yup - city says no transport in vehicles unless cased up - you all need to get betrter preemption statute!

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    Especially when the judge ignores what the local law actually says.

  20. #20
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    The fact is, he didn't transport it uncased and there was no evidence that he did. In fact, if there is video from the mall of the parking area he was in, I would think he could use that as evidence to in fact show that he didn't move his vehicle at all after he left the building.

    I am glad to know you are appealing and it pisses me off that it has to even go that far. Courts aren't supposed to be a place to inflict one's personalpolitical agenda against law abiding citizens.

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    Cops and security guard said that I never moved my truck in their testimony.

    The mall security guard said it was all blocked from view of the cameras then later after the mall video was subpoenaed they said they don't have a surveillance system at all.

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    I am new here – just learned about the open carry here in Topeka, Kansas – I live in Topeka, Kansas – and I just learned about this story.



    I am guessing by the way this went that the judge was Judge Anderson - if not just iggy the rest of this paragraph... Let me tell you about Judge Anderson, my guns were taken away when my father and I got into a fight “domestic dispute” like always the first thing they do now is seize all the guns until it is all over - if you are lucky, you get your guns back... After it was all said and done, I wanted to getmine back – the first judge signed an “ORDER TO RETURN PROPERTY FILED AND APPROVED” – but the Sheriffs office would not return them because the order did not say guns. So I had to have the attorney go back and get another order “ORDER TO RETURN PROPERTY FILED AND APPROVED. JMM (SNCO SHERIFF'S DEPT TO RETURN 5 GUNS BACK TO THE DEFT)” this time it went before Judge Anderson, and he told me directly “in my opinion there are too many guns on the street their for any guns that come before my court room I have destroyed, this is not the opinion of the state of Kansas this is mine.” Because I started yelling at him that he was stomping all over on my Constitutional Rights and my attorney was holding me back from jumping up on his desk and telling him all about it, at the same time I was telling my attorney to shut the hell up and I was going to sue the hell out of this judge, Judge Anderson got steaming mad and knew I was going to be a thorn in his butt and said this was not even his case, grabbed the paperwork, and stomped out of the court room, then back in and said we would have to go to the original judge and see if he would return my guns. Everyone went across the hall and my guns got returned.



    If you went before Judge Anderson, you lost because he is ANTI-GUN.

    VOTE HIM OUT!





    Travis

    Topeka, Kansas

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    Thank you for the information, Travis. It may be useful.

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    Conviction Reversed and Dismissed

    Gun Transportation Conviction Reversed and Dismissed

    I had to sign a release saying that I will not sue the city.


    http://cjonline.com/news/2010-07-23/..._mall_gun_case
    Last edited by r00t109; 07-25-2010 at 10:43 AM.

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