Results 1 to 10 of 10

Thread: Motion for Return of Property - DENIED! Appeal Filed.

  1. #1
    Regular Member david.ross's Avatar
    Join Date
    May 2008
    Pittsburgh, PA, USA

    Exclamation Motion for Return of Property - DENIED! Appeal Filed.

    The motion was filed following the incident where I was arrested for lawfully carrying in the non-sterile area of the airport.

    Thread announcing the county police will no longer enforce the unlawful ordinance

    Court transcript from my hearing:
    Motion for Return of Property

    There is an appeal in the courts.

  2. #2
    Regular Member mobyclarke's Avatar
    Join Date
    Jul 2006


    Our fine and upstanding judicial branch at work. It is so nice to see a judge following the law rather than his own personal opinion. How far our system has fallen. Good luck on your appeal.

  3. #3
    Regular Member
    Join Date
    Aug 2007
    Granite State of Mind
    Prosecutor's a *****, and the judge is clueless and clue-resistant.

  4. #4
    Regular Member
    Join Date
    Sep 2007
    Hilton Head, South Carolina, USA
    Wow. They just ignored the law altogether and did whatever they felt like. I would appeal, and possibly search for a way to take it to federal court.

  5. #5
    Moderator / Administrator
    Join Date
    May 2006
    Fairfax County, Virginia, USA
    You should have noted that PA law does not require a license to open carry in public - the judge seemed to thnk one had to have a license.

    Also, next time you might want to consider suing in fedeal court for failure to provide due process - puts the burden on the government to provide you due process - suing for return of gun in state court is not always the best way to go.

  6. #6
    Regular Member
    Join Date
    Apr 2011
    Pocono Mountains of PA
    It'd be interesting to read the brief as filed but it takes those annoying *.pdf files too long to download. Would you consider posting a word for word *.txt version? Fancy formatting isn't needed, just pure, plain text.

    As for the comment about the wisdom of not filing in a Commnwealth court, experienced on this end has shown this to be true. As experienced here, all else equal, take the argument into Federal Court as there's a greater chance you'll end up with a judge who does understand what probably is a federal issue.

    Also consider filing a motion to amend your brief by bringing the action against the "civil servants"" involved as individual(s), in their own recognizance. If you don't understand the value of this, time spent on researching this on the Internet may prove enlightening; start at the "top" and work your way down the so-called "chain of command."; name every one them.


  7. #7
    Regular Member
    Join Date
    Oct 2006
    , Louisiana, USA
    This is one of those "What do you call a lawyer who does not know the law?" JUDGE! My attorney has said many times if he could change one thing about our courts is to have judges who actually know the law.

  8. #8
    Founder's Club Member
    Join Date
    Nov 2006
    Fairfax Co., VA
    Quote Originally Posted by KBCraig View Post
    Prosecutor's a *****, and the judge is clueless and clue-resistant.
    Never heard that one before. I'll have to borrow that from time to time.

  9. #9
    no Moose hunting at the airport?! Who'd a thought?!

  10. #10
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    in front of my computer, WI
    I hope the judge I've drawn is more clueful than that one.
    Good luck with the appeal; perhaps figure out how to make an emergency motion prohibiting whatever agency holds your property from destroying it, since there are more legal actions coming down the pipe?
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts