Van-camp and Meechum work together. Know the work of both of them, looking for a specific 2nd amendment strong attorney at the time... and might've found one! Thanks for the advice though!
No Problem, Good luck.
Van-camp and Meechum work together. Know the work of both of them, looking for a specific 2nd amendment strong attorney at the time... and might've found one! Thanks for the advice though!
The magistrate says that the reason the didn't try to bring me to the jail for falsification of records (they seriously didn't believe I got a permit from the SD) was because he wouldn't have signed off on anything of the sort.
But once I have been illegally detained, charged, and my private property seized I think I would loose those reservations.
Several city police departments in WV have tried this bit of silliness--charging people with CC when they were OCing, and justifying it by saying that the gun couldn't be seen from the specific angle they were first viewing the person. In every case, they were thrown out by the judge, because when questioned about how the officer knew the accused was "carrying concealed", they responded that they saw it in a holster on their hip in plain view. To which the judge would respond, more or less, "Case Dismissed"...
When it goes to court (and your case SHOULD go to court), all you need to do is ask the officer four questions, and the judge, one question:
1) What is the plaintiff charged with? (he will say, CC without a permit)
2) How did you know his was carrying a firearm? (he will say "well, I saw it...)
3) How was it being carried? (he will have to say, in a holster, on his hip)
4) Was it covered by a garment, coat, foreign object, or other means that prevented you from identifying it as a firearm? (he will say no)
5) Your honor, I ask that this case be dismissed, because this charge is invalid under NC statute and case law.
End of discussion. End of case. Case dismissed...
Then, the VERY next thing you need to do is have your lawyer file a Federal 1983 civil rights violation suit against the INDIVIDUAL officer as an individual. He WILL NOT have "qualified immunity" because his actions were knowingly outside the law, and he filed false charges, violated your civil rights, and lied about the nature of several NC statutes in his police report. Filing fee for a Federal 1983 suit is only $300...
You should be able to buy a VERY nice new handgun with the judgment you get from him.
And hopefully he will be gracing the unemployment office with his un-badged presence very soon...
And after you get HIM as an individual, you should petition the NC main office of the FBI to charge this Department for going along with his fraudulent, illegal activities under RICO statutes in Federal Courts, because the fact that this charge hasn't been summarily tossed by his shift supervisor or the DA is clear evidence of an "organized criminal conspiracy"...
In Maine Three years ago I got charged with carrying a concealed weapon while open carrying. Charges were thrown out by the DA immediately after they assigned her to the case.
Several city police departments in WV have tried this bit of silliness--charging people with CC when they were OCing, and justifying it by saying that the gun couldn't be seen from the specific angle they were first viewing the person. In every case, they were thrown out by the judge, because when questioned about how the officer knew the accused was "carrying concealed", they responded that they saw it in a holster on their hip in plain view. To which the judge would respond, more or less, "Case Dismissed"...
When it goes to court (and your case SHOULD go to court), all you need to do is ask the officer four questions, and the judge, one question:
1) What is the plaintiff charged with? (he will say, CC without a permit)
2) How did you know his was carrying a firearm? (he will say "well, I saw it...)
3) How was it being carried? (he will have to say, in a holster, on his hip)
4) Was it covered by a garment, coat, foreign object, or other means that prevented you from identifying it as a firearm? (he will say no)
5) Your honor, I ask that this case be dismissed, because this charge is invalid under NC statute and case law.
End of discussion. End of case. Case dismissed...
Then, the VERY next thing you need to do is have your lawyer file a Federal 1983 civil rights violation suit against the INDIVIDUAL officer as an individual. He WILL NOT have "qualified immunity" because his actions were knowingly outside the law, and he filed false charges, violated your civil rights, and lied about the nature of several NC statutes in his police report. Filing fee for a Federal 1983 suit is only $300...
You should be able to buy a VERY nice new handgun with the judgment you get from him.
And hopefully he will be gracing the unemployment office with his un-badged presence very soon...
And after you get HIM as an individual, you should petition the NC main office of the FBI to charge this Department for going along with his fraudulent, illegal activities under RICO statutes in Federal Courts, because the fact that this charge hasn't been summarily tossed by his shift supervisor or the DA is clear evidence of an "organized criminal conspiracy"...
Such stories never fail to amaze me.
Was your weapon confiscated and if so did you get it back promptly?
Trust you took the opportunity to reeducate the officer and his department fully.
I ought to just hire you on as my representation!!! Great info/advice!
IANAL...
But I did score high enough on the LSATs to meet UVA's School of Law entrance requirements...
Apparently what I went through really isn't that bad uhoh.. have had two lawyers say that it would be hard to make anything out of a civil case. One is looking at doing it, says he'll let me know soon. Anyone know a good 2nd amend lawyer?
You need an aggressive, 2A friendly civil rights attorney. As the above poster said your issue isn't really that of the 2nd, but more of the 4th and 14th IMO.
I wish you the best of luck and keep after the good fight!
That's the problem. I can't find one! If anyone can help, please let me know!!!
Yeah, after they realized that I COULD (and did) buy the gun legally, they were trying to say that the only reason the sheriff issued the permit was because I was buying from my step-dad, but I was buying from him after he and my mother split... they said I'd falsified records since I'd said on my application that I was buying from my step-dad? Haha, right. They were just fishing. The Sheriff said not to worry, I was legit and won't be hearing anything from the SD, and that he'd tell the arresting PD the same thing.
They are lost. I tried to help them out, but since I didn't have a badge, I don't know the laws?! Wouldn't be as pissed if they hadn't seized my gun.