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Thread: Trial set in open-carry gun case - Kurk Kirby update

  1. #1
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    Trial set in open-carry gun case - Kurk Kirby update

    Trial was set for Oct. 1 for a Vancouver man accused of unlawfully carrying a handgun at Albertsons, a case that sparked a nationwide debate last spring on open-carry gun rights.

    Kirby was cited March 19 for carrying the gun because prosecutors said he was displaying the gun in a way that either “warranted alarm” or “manifested an intent to intimidate.”

    more at:
    http://www.columbian.com/news/2010/j...arry-gun-case/

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    Moderator / Administrator Grapeshot's Avatar
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    On trial for what people perceive, not for any action/intent on his part.

    Don't offend anybody, that's illegal.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    hand on the gun? This wasn't in the original reports was it.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by superdeluxe View Post
    hand on the gun? This wasn't in the original reports was it.
    Claimed in several media articles - made it sound like a "B" grade western complete with his giving the "evil eye."
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Leatherneck's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Claimed in several media articles - made it sound like a "B" grade western complete with his giving the "evil eye."
    Cue the whistling wind and the rolling tumble weed!

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    Regular Member Just Us's Avatar
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    The possible misleading MEDIA report tells the people what will catch their eye and give what some folks want to hear.

    The original police report doesn't say much?????

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    Regular Member Tomas's Avatar
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    I hope the defense can convince folks that if it wasn't in the original call or the original police report of the incident that it didn't happen. What he was arrested (catch and release) and cited for has to be in those original documents, doesn't it? If it is not, the arrest had no basis if I am reading things right.

    ===>IANAL<===
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    I still wanna know what one of these damn XP pistols are? And will it be backward compatibility with my current system?

    And just wow, at some of those comments....Apparently some of the posters on there know Mr. Kirby ALOT more personally than M1 or GoGo do. And they say he is "a whacko" "a nutjob".

    Me personally? I tend to believe the people I already know when it comes to others, having never met Mr. Kirby myself I will defer to M1 and GoGo's descriptions of him as "a nice guy"

    I certainly will try and get that day off of work so I can go down there and "raise a ruckus" as "one of those opencarry.org members"
    Last edited by devildoc5; 07-19-2010 at 08:55 PM.

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    Regular Member Tomas's Avatar
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    (I use a Mac so an XP pistol probably wouldn't be of any use to me...)

    All I can say, is good luck Kirby. I don't know you, but I seriously hope this all comes out in your favor.
    No tyranny is so irksome as petty tyranny: The officious demands of policemen, government clerks, and electromechanical gadgets. -- Edward Abbey

    • • • Quis custodiet ipsos custodes? Faciémus!• • •

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    Regular Member Ajetpilot's Avatar
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    I've got it on my calendar. I'm leaving from Olalla with room for a couple more. I can pick up at any park-and-ride between here and there. Mainsail, I've got a seat reserved for you if you want it.

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    Campaign Veteran gogodawgs's Avatar
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    Me Too

    I should be going from Tacoma. I have room for one.

    Yes, I have met him and after doing so believe that he is a regular guy. The police report and 911 recording is at nwcdl.org (but it is off line right now )
    Live Free or Die!

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    Thumbs up

    I hope it turns out well for him.

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    Regular Member amzbrady's Avatar
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    Quote Originally Posted by Leatherneck View Post
    Cue the whistling wind and the rolling tumble weed!
    LOL, I was just thinking the same thing, Need sound and fade to Clint's squinty eye ready to draw in main street like in a fist full of dollars.

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    “Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the supermarket…” This is the information the Police used to wrongfully give Kirby a ticket. A gun on the hip was the big evil crime. After the fact and days latter (from what I understand) they coerced the people to give them something more tangible then just calling 911 for seeing him smoking a sig with a gun holstered. I sure hope the judge does not allow evidence gathered after the ticket was issued. Fabricated evidence in my opinion.

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    Quote Originally Posted by Son_of_Perdition View Post
    “Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the supermarket…” This is the information the Police used to wrongfully give Kirby a ticket. A gun on the hip was the big evil crime. After the fact and days latter (from what I understand) they coerced the people to give them something more tangible then just calling 911 for seeing him smoking a sig with a gun holstered. I sure hope the judge does not allow evidence gathered after the ticket was issued. Fabricated evidence in my opinion.
    This is how some cops operate, they lead and coerce the witnesses. Read the thread in CT. They have done it to me. They're probably doing it in las vegas.

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    Regular Member amlevin's Avatar
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    Son_of_Perdition;1311317 I sure hope the judge does not allow evidence gathered after the ticket was issued. Fabricated evidence in my opinion.
    This is done all the time. Investigations are often continued long after a citation is issued. Sometimes it even exonerates the defendant.

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    Regular Member Ajetpilot's Avatar
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    Lest we forget...

    Bump

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    Regular Member Leatherneck's Avatar
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    Just yesterday I was looking at the police documents for this one again. Be nice to know what goes down.
    Thanks for the thread bump!

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    Campaign Veteran gogodawgs's Avatar
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    I will be in attendance.

    I will be there and I believe M1Gunr and perhaps Deros will also attend and maybe DevilDoc.

    For those who haven't heard the 911 recording or read the police reports here is the link. Also, note that I did get poor quality b&w pictures back and was told that Kirby's gun was given back to him after the VPD had already taken it so that they could take the pictures.

    911 Recording

    Police Report


    Quote Originally Posted by gogodawgs View Post
    I should be going from Tacoma. I have room for one.

    Yes, I have met him and after doing so believe that he is a regular guy. The police report and 911 recording is at nwcdl.org (but it is off line right now )
    Quote Originally Posted by Leatherneck View Post
    Just yesterday I was looking at the police documents for this one again. Be nice to know what goes down.
    Thanks for the thread bump!
    Live Free or Die!

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    Regular Member Dave_pro2a's Avatar
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    Quote Originally Posted by superdeluxe View Post
    hand on the gun? This wasn't in the original reports was it.
    While I wouldn't do that, it is largely irrelevant imho.

    Show enough video of police officer adopting that pose 'for comfort' in public and a jury should see it for what it is: much ado about nothing.

    I was just on a train with a cop who did that, and I wasn't alarmed cop = citizen fundamentally no different than any one else (for proof just see instances of cops arrested for murder, drug dealing, wife killing, rape, theft, etc).

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    Regular Member Dave_pro2a's Avatar
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    Quote Originally Posted by kwikrnu View Post
    This is how some cops operate, they lead and coerce the witnesses.
    Been there, done that, locally. I was fortunate that it was all in my favor, but it was shocking to see how far they were willing to 'lead' me.

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    Regular Member Tomas's Avatar
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    Quote Originally Posted by gogodawgs View Post
    Also, note that I did get poor quality b&w pictures back and was told that Kirby's gun was given back to him after the VPD had already taken it so that they could take the pictures.
    Uh, as in "Here, put this in your holster and look 'menacing' so we can get some pictures"?

    What?
    No tyranny is so irksome as petty tyranny: The officious demands of policemen, government clerks, and electromechanical gadgets. -- Edward Abbey

    • • • Quis custodiet ipsos custodes? Faciémus!• • •

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    Regular Member Leatherneck's Avatar
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    Where are the pictures?

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    Campaign Veteran gogodawgs's Avatar
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    Yes.

    Yes, they gave the gun back to him so they could take pictures of what he looked like that day.

    No I did not put them up as they were such poor quality.

    Quote Originally Posted by Tomas View Post
    Uh, as in "Here, put this in your holster and look 'menacing' so we can get some pictures"?

    What?
    Quote Originally Posted by Leatherneck View Post
    Where are the pictures?
    Live Free or Die!

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    Regular Member Ajetpilot's Avatar
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    Can't attend.

    I've encountered a medical problem that will prevent me from doing any long road trips. I had an MRI yesterday. Hopefully, they will find and fix the problem. I'll be there in spirit. This, and the Vancouver get-together on the 25th were two that I was really looking forward to!

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