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Thread: Facing Charges for Open Carrying In Hazlehurst, Ms

  1. #1
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    Facing Charges for Open Carrying In Hazlehurst, Ms

    I wil repost once all matters have been taken care of......
    Last edited by Cornelius; 03-23-2011 at 03:10 PM. Reason: removed due to pending legal action

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    Regular Member Kingfish's Avatar
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    I would recommend you remove this post. You may later decide to bring an action against LE and you don't need this out in public.

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    Moderator / Administrator Grapeshot's Avatar
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    IMHO - it is always a mistake to "tell your story" publicly regarding a legal issue w/o a lawyers approval, particularly before the case is tried and all civil matters have been concluded.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Cornelius:

    In addition to KingFishs' Advice and Grapeshots' Advice, The United State Supreme Court has said that Americans have The Right to Keep and Bear Arms in ANY Place that they might Live, Lease Agreement or not.

    aadvark
    Last edited by aadvark; 03-23-2011 at 01:24 PM.

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    Regular Member CenTex's Avatar
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    Quote Originally Posted by aadvark View Post
    Cornelius:

    In addition to KingFishs' Advice and Grapeshots' Advice, The United State Supreme Court has said that Americans have The Right to Keep and Bear Arms in ANY Place that they might Live, Lease Agreement or not.

    aadvark
    Cite.
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    Centex:

    The Citation that You have Requested is as follows: http://www.msnbc.msn.com/id/37972148...me_and_courts/

    aadvark

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    Regular Member turbodog's Avatar
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    Quote Originally Posted by aadvark View Post
    Centex:

    The Citation that You have Requested is as follows: http://www.msnbc.msn.com/id/37972148...me_and_courts/

    aadvark
    The SCOTUS ruling is intended as a limit on governmental powers. It's not going to have any effect on lease agreement restrictions on firearms, which is between a private property owner and a tenant.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by aadvark View Post
    Centex:

    The Citation that You have Requested is as follows: http://www.msnbc.msn.com/id/37972148...me_and_courts/

    aadvark
    I don't think that the "Lease Agreement or not." thing is quite so clear, so finite, so absolute.

    Think nursing home, school dormitory, or your parents house.
    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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    Quote Originally Posted by aadvark View Post
    Centex:

    The Citation that You have Requested is as follows: http://www.msnbc.msn.com/id/37972148...me_and_courts/

    aadvark
    This is not a case citation... this is a news article LOOSELY describing several SCOTUS cases. Were yoou trying to implicate the Mv, Chicago?? Found here...

    http://www.law.cornell.edu/supct/html/08-1521.ZS.html
    Last edited by georg jetson; 04-13-2011 at 03:27 PM.

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    Regular Member MSRebel54's Avatar
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    Quote Originally Posted by georg jetson View Post
    This is not a case citation... this is a news article LOOSELY describing several SCOTUS cases. Were yoou trying to implicate the Mv, Chicago?? Found here...

    http://www.law.cornell.edu/supct/html/08-1521.ZS.html
    Well, I'm going to have to chime in and say, what in the HELL has that got to do with Mississippi law? I don't recognize other state laws OR federal law as a part of Mississippi law.

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    Regular Member MSRebel54's Avatar
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    Facing Charges in Hazelhurst MS

    I can't and did not understand WHAT charges this person was facing. Everyone advised remove the post until the court is over with, and I agree, but I've yet to find out what the CHARGE is. I mean it would not be a breach of conduct to just TELL us what the charge is?

    We need to be prepared for this stuff in case some a-hole ossifer tries the same thing on us. What charge?

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    Quote Originally Posted by MSRebel54 View Post
    Well, I'm going to have to chime in and say, what in the HELL has that got to do with Mississippi law? I don't recognize other state laws OR federal law as a part of Mississippi law.
    Well, Ms. has been within the jurisdiction of the U.S. for quite some time and... gee, that means that SCOTUS rulings are slightly relevant in Ms... as it is in maybe... ALL 50 STATES!!!

    Now, that being said, I don't think you have a clue about ANY law, so the irrelevant nonsense you post is not surprising.

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    Quote Originally Posted by georg jetson View Post
    Well, Ms. has been within the jurisdiction of the U.S. for quite some time and... gee, that means that SCOTUS rulings are slightly relevant in Ms... as it is in maybe... ALL 50 STATES!!!

    Now, that being said, I don't think you have a clue about ANY law, so the irrelevant nonsense you post is not surprising.
    SCOTUS only applies to federal courts not state courts. Chances are, if someone is arrested and charges are trumped up later to try and justify the arrest, it is going to be in a state court where SCOTUS does not apply.

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    Here is the original post

    Well it's been eating at me for awhile now whether or not I should post what I am currently battling right now since my actual court day is this Thursday March 24th, but I feel I should at least alert my fellow oc.org family. On the evening of January 28th I went to Hazlehurst, Mississippi to pick up my children from their mother for my visitation. When I arrived at the apartment complex her boyfriend was waiting in the parking lot with our children even though she and I have a court order stating the exchange take place at the front door of her home. He is always the one who does the exchange and has assaulted me once before so now I keep my firearm on me instead of in the car. Anyway I had my mother and little brother in the car with me as I usually do so that I can have at least one adult witness.

    After I get out of the car and place my youngest daughter in her car seat unknown to me he approaches me from behind with a shotgun and begin to yell at me "Didn't they tell you not to come out here with your gun?" and without turning to face him I reply "No I haven't heard from any law enforcement personnel." He grabs me by the arm and turns me around.(simple assault once again) It is now that I see his gun and I turn my hip away from him so that I can unsnap my gun and get ready to protect my family if need be. Just as I get my hand on the snap my mother appears right in between he and I so I decide against pulling my firearm.

    She then tells me to get in the truck and she calls 911, they instruct her to stay there and help is on the way. As she is talking to the dispatcher the 911 call is disconnected for some reason so I call the sheriffs directly since I keep their number stored in my phone in case this idiot tries something.

    Anyway once the police and sheriffs arrive on scene the police officer secures my gun but never gets "Fred's"(not his real name) gun from inside the apartment since he ran and put it up once he realized we had called the police. They then begin to question me as though I'm the one who has broken the law. One sheriff even threatens to lock me up because Fred said it's illegal to have guns on the property cause it's county property. I then state that its not illegal and that there are also no signs posted per Mississippi's law. The other sheriff then threatens to knock my ass to the ground cause I look like I want to try something even though I have already placed my hands behind my back and they have my firearm. The apartment manager arrives on scene and says its ok for me to carrying and its against the lease agreement for tennants to have firearms on the property. While the LEOs are there they ask me what will it be like when I bring my children home Sunday and I tell them I will be armed as usual and take them to the front door and then leave. As soon as I say this Fred threatens to do harm to me when I come back if I am carrying my revolver in the holster on my hip.

    Long story short they tell me to press charges against Fred so I do. The charges are simple assault and exhibting a deadly weapon. The charges were pressed on February 2nd and warrants were issued for his arrest. On February 3rd they allowed my daughters mother to press charges against me for "Exhibiting a deadly weapon" and "Distrubance of family" even though she was never present until after the LEOs arrived and after my firearm was secured by the LEOs. So on February 25th one of the same sheriffs was waiting for me to arrive to pick up my children for my weekend visitation so that I could be arrested while Fred and my children's mother watched from their balcony. It was only after he realized that I had witnesses in the truck that he went back to his car and got the warrants for Fred and then called him down from the balcony and procceed to arrest him.

    So be careful in Copiah, County Ms because apparently have your weapon in a holster on your hip is apparently against Mississippi code law down there. I will let you know the ouctome of these false charges after court is over if I'm not locked up for crimes I didn't commit. Sorry for such a long post but all the facts needed to be there so you could understand the entire event

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    Quote Originally Posted by Daylen View Post
    SCOTUS only applies to federal courts not state courts. .
    So what? Federal law applies in ALL 50 states(unless the SCOTUS order says otherwise)... and this is completely irrelevant to my response to aadvark.

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    The judge threw the case out after hearing what really took place and seeing that I had a license. But my main concern during all of this was that the officers who responded to the incident had to have provided my children's mother and her boyfriend with a copy of a report stating I was the defendant even though they knew I had done nothing wrong. Also even though Fred and I were arrested the same night and he was booked and released before I was his paperwork made it to the courthouse weeks after mine thus his case was heard by a different judge(one that his famliy is clearly friends with), and she remanded the charges to the file. She refused to hear witness testimony, and or prosecute even though he admitted his guilt and the D.A. proved her case. So be careful In Hazlehurst cause apparently just having a gun on your hip can get you charged with exhibiting a deadly weapon or distrubance of peace/family........

  17. #17
    Moderator / Administrator Grapeshot's Avatar
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    So after all is said and done, we have no confirmation, no cites - that's is a shame.
    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 MKEgal's Avatar
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    Quote Originally Posted by MSRebel54
    what... has that got to do with Mississippi law?
    I don't recognize other state laws OR federal law as a part of Mississippi law.
    Others have already pointed out that SCOTUS rulings & federal laws affect all states, territories, & possessions.
    States will often consider rulings from other states, particularly within their area (federal district, for example), & are more likely to consider rulings from state supreme courts.

    Quote Originally Posted by Cornelius
    ...he approaches me from behind with a shotgun and begin to yell at me
    ...grabs me by the arm and turns me around.
    That's aggravated assault, since he was armed.
    And how about disorderly conduct & disturbing the peace, since he was creating a disturbance?

    One sheriff even threatens to lock me up because Fred said it's illegal to have guns on the property
    And of course since Fred said it, it must be true!
    Idiot.
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    Regular Member MSRebel54's Avatar
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    Ok, one more time. Read the sentence. I said *I* DON'T recognize other states laws or federal law. And as far as Cornelius goes, I do feel for him, but I would have put an end to it a long time ago, and it wouldn't even have taken a firearm.

    You guy's are going to make me break my word about not coming back till July 29th aren't you? Well this one don't count, cause it's the same day!

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