Aaron1124
Regular Member
Imagine a city has a city code on "No Firearms in city parks" -- a clear violation of state preemption. Now you address this issue numerous time with the local government, but to no avail. The council responds, telling you that they are allowed to have this law, and if you violate it, you will be cited and fined.
Now, you decide to test the waters and go to the park with your firearm. The police are called when a citizen sees your firearm. The police show up, and tell you that you cannot have your firearm on park property. You respectfully tell the officer of the state preemption, and show him the proper pamphlet. He responds by telling you that it's all irrelevant, and explains it's against city ordinance, and it's an actual misdemeanor offense, and informs you that he can arrest you. None of what you're telling him is processing. You end the discussion, and the officer issues you a summons to appear in court for violating the ordinance.
You feel you have a good chance at fighting this in court, as you have the proper documents on your side. As your day in court comes, you plead not guilty, and a trial is set. On your trial, you present your evidence to the judge, and he completely dismisses it, and follows through with the penalty, and convicts you, and fines you a hefty fine. You are now dismissed.
What action is to be taken at this point?
Now, you decide to test the waters and go to the park with your firearm. The police are called when a citizen sees your firearm. The police show up, and tell you that you cannot have your firearm on park property. You respectfully tell the officer of the state preemption, and show him the proper pamphlet. He responds by telling you that it's all irrelevant, and explains it's against city ordinance, and it's an actual misdemeanor offense, and informs you that he can arrest you. None of what you're telling him is processing. You end the discussion, and the officer issues you a summons to appear in court for violating the ordinance.
You feel you have a good chance at fighting this in court, as you have the proper documents on your side. As your day in court comes, you plead not guilty, and a trial is set. On your trial, you present your evidence to the judge, and he completely dismisses it, and follows through with the penalty, and convicts you, and fines you a hefty fine. You are now dismissed.
What action is to be taken at this point?