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Thread: Seeking Case law- person open carrying charged with Disorderly Conduct, overturned

  1. #1
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    Seeking Case law- person open carrying charged with Disorderly Conduct, overturned

    Dear OCDO viewer,


    I am seeking any case law where a person who open carried a pistol, in a state that does not forbid open carry, was charged with Disorderly Conduct or some other non-weapons related offense, convicted at trail, then appealed, and the conviction was reversed.

    I am already aware of the US v. Ubilies case, but I am looking for one dealing with open carry.

    If you know of a case, regardless on what state, please send me a message telling me where I can find the appeals court decision.

    Many thanks,


    Potent Dagger
    OCDO/ALOC

  2. #2
    Regular Member claytonjrabens's Avatar
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    Such type of claims are a little hard to find in the first place. Cases related to "open carried a pistol" happen rare (atleast I haven't heard much) and if does are seldom reported. I think you could go find down some law archives for cases, may be you'll find it. I am a wound lawyer.
    Last edited by claytonjrabens; 12-01-2012 at 07:55 AM.

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    Cases not from Alabama would not help in Alabama. DC laws vary greatly from State to State. The reason that OC is not DC in one State would likely not apply in another. At best, such out-of-State cases would be good for gleaning ideas on how to argue the case, but would not be precedents.

  4. #4
    Regular Member davidmcbeth's Avatar
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    Much of the case law the OP is looking for is likely in the lower court rulings ... may have to go to the courthouse and search there .. google scholar and other online resources are limited to appellate cases.
    Do not take any postings to be the opinion of the poster .. poster may be posting opinions of others and not necessarily himself ... carry on

    "Filing a notice of trespass with your local, county, state authorities , to keep all town employees off your land, would cut down on the government from interfering or harassing you, at least put you in a little bit stronger legal position" .. chk you local laws (disclaimer)
    [/I]

  5. #5
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    Quote Originally Posted by Potent Dagger View Post
    Dear OCDO viewer,
    I am seeking any case law where a person who open carried a pistol, in a state that does not forbid open carry, was charged with Disorderly Conduct or some other non-weapons related offense, convicted at trail, then appealed, and the conviction was reversed.
    I am already aware of the US v. Ubilies case, but I am looking for one dealing with open carry.
    This doesn't sound right. Are you by chance a novice pro se individual seeking to defend or initiate an action because of perceived Constitutional violations?

    If I may suggest, have a look at the entry page to this site, specifically the "LAW PAGE", then look for "Practicing Pro Se". You are encouraged to d/l the entire file of case law citations and review them off line at your leisure. The answer(s) you appear to be seeking may be there and if so, odds are you will know it when you see it/them.

    Hope this helps.

    tyc
    Last edited by tyc; 11-27-2012 at 06:45 PM.

  6. #6
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    Quote Originally Posted by Potent Dagger View Post
    Dear OCDO viewer,


    I am seeking any case law where a person who open carried a pistol, in a state that does not forbid open carry, was charged with Disorderly Conduct or some other non-weapons related offense, convicted at trail, then appealed, and the conviction was reversed.

    I am already aware of the US v. Ubilies case, but I am looking for one dealing with open carry.

    If you know of a case, regardless on what state, please send me a message telling me where I can find the appeals court decision.

    Many thanks,


    Potent Dagger
    OCDO/ALOC
    If you are dealing with the violation of a particular statute or city ordinance, it would be helpful if you posted the full text of the law the defendant is accused of violating. If you're speaking purely hypothetically, it's a big, big world out there....

  7. #7
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    Go to "Oyez"--the Supreme Court's web site. There you may search by type of violation such as search and seizure, wrongful/false arrest, civil rights and much more. It is time consuming to do but worth the effort.

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