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What do you think the outcome of this will be?

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
http://www.wdrb.com/story/19319955/man-arrested-at-louisville-arbys-after-refusing-to-hide-firearm

"Helms was arrested and charged with menacing and disorderly conduct." Not for open carry.
"Unconcealed firearms are not allowed inside the restaurant, according to an employee of the Arby's." An Arby's employee is such a good source of info. Open carry is 100% legal in KY, that officer need to be schooled, and his dept should get sued by the guy. His Aunt, and mother I think made it worse. Also if the guy did not have a concealed permit, the cop was breaking the law telling him to cover up. The customers were not alarmed till the cop went into stupid mode.

Right, it would have been entrapment if he would have made him cover his firearm and then arrested him for it. A lady commented on the page with the article that the officer was off duty and out of uniform at the time this happened, which would really be a game changer. I asked if she had a source to this information but she has not responded yet. It would make a little more sense that an off-duty national guardsman would have assisted if he was out of uniform. It should be a reminder to everyone that not all military and law enforcement take their oath seriously. I am really dissapointed in the guardsman for helping deprive this man of his rights.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
What is Ky law on menacing?
Don't remember seeing it before.


Mike

508.050 Menacing.
(1) A person is guilty of menacing when he intentionally places another person in reasonable apprehension of imminent physical injury.
(2) Menacing is a Class B misdemeanor.
 

garyh9900

Regular Member
Joined
Aug 4, 2011
Messages
155
Location
KY
I think the outcome of this case will hinge on the attorney he ends up with. If he get a competent attorney who knows the laws related for carrying firearms then he will fair well. If not, then he has an uphill battle.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
I think the outcome of this case will hinge on the attorney he ends up with. If he get a competent attorney who knows the laws related for carrying firearms then he will fair well. If not, then he has an uphill battle.

I say he won't have any trouble finding an attorney. This is an unbelievable charge; he was released soon after he was brought to the jail, and it seems the officer that initiated this was OFF duty. This case is a matter of how much money he will collect from the city, not if he will be charged and convicted; of course this all hinges on whether he sues the city or not.
 
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self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
I think the outcome of this case will hinge on the attorney he ends up with. If he get a competent attorney who knows the laws related for carrying firearms then he will fair well. If not, then he has an uphill battle.

Maybe he should have had a "pre-incident" Attorney:lol: Has any of our members that are from that area thought about trying to get in touch with him to offer some form of help? It's obvious that this guy is an OC'er, probably just never heard of OCDO. But I think it would be good if we could get him to come on board.

Plus, maybe we could encourage him to push this issue and to not "just take it" like so many people seem to do when faced with this type of situation. Just a thought.:dude:
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
I believe the charges will be dropped, and he will have a great federal suit to deal with .

I kinda wonder about this (the federal suit part). We are always talking about the 1983 suit, but is it ever successful in a "simple" case like this? I understand that this case is anything but "simple" but my point being is you can look at the Hurricane Katrina gun confiscations....No 1983 suit from that. Look at the guy in Louisiana a few years back that his truck was illegally searched and his gun illegally seized in a traffic stop that the LEO didn't have PC or RAS to begin with...No 1983 suit from that. Even one of our own KY forum users had an illegal seizure of his firearm at the Florence mall. If I remember correctly he stated that he had "two lawyers walk out on him" for unknown reasons. These are just a few examples of many incidents like these.

Now I'm sure that the 42USC1983 has been used and good people have won these types of suits. But I really can't find any "Gun related" 1983 suits. Maybe my Google just isn't as good as some of yours and you may find something that I didn't. But I wonder how deprived we must be of our rigts before the good ole 1983 really kicks into action?
 

flb_78

Regular Member
Joined
Jun 21, 2010
Messages
544
Location
Gravel Switch, KY
Probably because "gun rights" are not a golden calf idol right like what race or sexual orientation right now.

It also costs beaucoup dollars to fund a lawsuit that most gun owners don't have. I would fathom that most lawyers would not take a case like that with the agreement to only be paid when they win.
 

DrakeZ07

Regular Member
Joined
Mar 26, 2011
Messages
1,080
Location
Lexington, Ky
Probably because "gun rights" are not a golden calf idol right like what race or sexual orientation right now.

It also costs beaucoup dollars to fund a lawsuit that most gun owners don't have. I would fathom that most lawyers would not take a case like that with the agreement to only be paid when they win.

Want me to make up temporary 'LGBT cards' to give to OC'ers, so they could claim sexual orientation to help their 1983 lawsuits?

Some friends and I, a few months back, printed us up, and laminated 'gay cards' to keep in our wallets just for occasions like this~ Ya know, in case we couldn't decently show off our telling tattoos xD

I'll reserve some Bi cards for you and Self Pres~ ;3 [kidding, kidding.]

----

Has anyone thought of getting in touch with KC3 and seeing if they'll pay him a visit?
 
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KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
Probably because "gun rights" are not a golden calf idol right like what race or sexual orientation right now.

It also costs beaucoup dollars to fund a lawsuit that most gun owners don't have. I would fathom that most lawyers would not take a case like that with the agreement to only be paid when they win.

I would guess he has lawyers standing in line to take this matter on. This is a BIG deal. They are trying to keep all the details from getting out, but if what I have heard is true, the illegal detainment, arrest, and false charges are only part of the real problem.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
I would guess he has lawyers standing in line to take this matter on. This is a BIG deal. They are trying to keep all the details from getting out, but if what I have heard is true, the illegal detainment, arrest, and false charges are only part of the real problem.
It is a big deal, to the man involved in the incident, and to us here, but it is not a big thing to the courts. Officers are protected in many, many ways from accountability.

But, there is a ray of hope, gutshot tells me that "we" don't let this kind of thing happen, so contact him and it'll all be taken care of.

http://forum.opencarry.org/forums/member.php?38471-gutshot
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
It is a big deal, to the man involved in the incident, and to us here, but it is not a big thing to the courts. Officers are protected in many, many ways from accountability.

But, there is a ray of hope, gutshot tells me that "we" don't let this kind of thing happen, so contact him and it'll all be taken care of.

http://forum.opencarry.org/forums/member.php?38471-gutshot

I would rather you quite running your mouth on Gutshot, and post polite messages if you are going to post at all. It is sad that the first thing that came to my mind when I saw BB62 was you were here to say something rude or sarcastic; it really speaks well of you that this is what people think. I really can't stand Internet warriors.
 
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