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Another law abiding citizen arrested for breach and interference...

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
That does happen...semi-frequently actually (i'm a LEO)

In a nation of 320 million people, what quantitative number would be "semi-frequently"? I am aware that you're an LEO and I'm following a few threads in which you've made comments and asked questions. You seem to be genuinely interested in learning and sharing. As the son of a retired state officer (full career, no disability which was a big deal in his agency) and a former deputized (no arrest powers) member of a Sheriffs dept. I appreciate you being here with an open and inquiring mind.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Why should he need to be cooperative if he is not breaking the law? Either they had RAS or they didn't. Sounds like they did not.
 

WalkingWolf

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Jul 31, 2011
Messages
11,930
Location
North Carolina
Which makes us very lucky that criminals aren't very smart. If they were, they'd just call in a MWAG call and then do their robberies while all the cops are chasing down law abiding citizens.

70% to 29% saying NOT to allow businesses to ban weapons. Even through it seems to fly in the face of private property rights you have to love the large pro-gun result. Plus, I believe that if you open your property to the public, you shouldn't be able to ban their right to carry anymore than you should be able to ban blacks, asians, Catholics, Jews, etc.

Unfortunately in our state we cannot carry in theaters by state law. Sucks!

But if we could and honor property rights, I would think having a employee sign a document accepting responsibility for protecting my family and I from crime while on their property. Otherwise no business. I also think we should consider ads in the newspaper for these business telling the public they are unsafe.

Just wishful thinking on my part though. I am sure the newspapers would refuse such a ad. Viva la Netflix!
 

customcreationllc

Regular Member
Joined
May 4, 2011
Messages
90
Location
Naugatuck CT
Unfortunately in our state we cannot carry in theaters by state law. Sucks!
....

I went to visit family in NC I have a Utah permit so brought my gun, I didn't realize how nice CT actually is.
NC you cannot carry into anyplace that charged a fee which you do every day when you go to visit.
And you cannot carry into bars.

In CT you can basically carry everywhere that is not posted, what posted means is not defined.
And you can even carry into bars actually allowed to drink .10% BAC Level

And don't you have to inform the police you have a gun if you get pulled over?


Time to take back our country


I'm still surprised not more guns were found in the theater, would have been funny if all but the 3 that made a fuss had guns.
 
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rt1983

Regular Member
Joined
Apr 23, 2012
Messages
53
Location
CT
I went to visit family in NC I have a Utah permit so brought my gun, I didn't realize how nice CT actually is.
NC you cannot carry into anyplace that charged a fee which you do every day when you go to visit.
And you cannot carry into bars.

In CT you can basically carry everywhere that is not posted, what posted means is not defined.
And you can even carry into bars actually allowed to drink .10% BAC Level

And don't you have to inform the police you have a gun if you get pulled over?


Time to take back our country


I'm still surprised not more guns were found in the theater, would have been funny if all but the 3 that made a fuss had guns.


Lmao that's exactly what I was thinking. I love when people say, " if I was in a theater with someone that had a gun I'd be scared."


Lmao right because no one ever has a gun anywhere!!!!
 

Skinnedknuckles

Regular Member
Joined
Dec 18, 2011
Messages
108
Location
Connecticut
I went to visit family in NC I have a Utah permit so brought my gun, I didn't realize how nice CT actually is.
NC you cannot carry into anyplace that charged a fee which you do every day when you go to visit.
And you cannot carry into bars.

In CT you can basically carry everywhere that is not posted, what posted means is not defined.
And you can even carry into bars actually allowed to drink .10% BAC Level

And don't you have to inform the police you have a gun if you get pulled over?


Time to take back our country


I'm still surprised not more guns were found in the theater, would have been funny if all but the 3 that made a fuss had guns.

I also visit NC regularly and they do have some strange twists to their gun laws, for sure. One really good thing they have done is that they now recognize ALL states' carry permits as long as they authorize concealed carry. I got my Utah permit originally to be legal in NC, then they changed the law 6 months later so my CT permit does the job. All states should have such reciprocity (write or call your Senators to support the Reciprocity bills now stuck in committe).

Also, I see we made "The Truth About Guns" blog for this incident (http://www.thetruthaboutguns.com/20...rez-to-be-arrested-with-gun-in-movie-theater/) but I'm disappointed in many of the comments. We in the gun community can't afford to diss each other.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
There is technically no property rights violation if you are lawfully armed and do nothing with you firearm on their property. There is technically a property rights violation if you do not disarm when the owner posts or informs.

Where in the Bill of Rights does it state that I must respect a property owners rights as delineated in the Bill of Rights? Where is the state law? Trespass? Could it be shown that a trespass charge is a infringement of our 2A right by the state?

If the trespass is based solely on the lawful exercise of a constitutionally protected right then the state would be violating your 2A right by charging you with trespass.
 

brk913

Regular Member
Joined
Oct 10, 2007
Messages
370
Location
Plainville, CT
There is technically no property rights violation if you are lawfully armed and do nothing with you firearm on their property. Where is the state law?

It's not a violation of property laws, the problem is here in CT we must have a permit to OC or CC, even to purchase a handgun and the CGS say:

If you go into a place that is prohibited by the person in control of premises you are in violation of CGS 29-28 Subsection (e) which states, "The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises."

Further reading shows CGS 29-37 States, "Any person violating any provision of section 29-28 or 29-31 shall be fined not more than five hundred dollars or imprisoned not more than three years or both, and any pistol or revolver found in the possession of any person in violation of any of said provisions shall be forfeited."

Notice the penalty for violating 29-28 is up to 3 years in jail, that makes this charge a felony, if found guilty you would be ineligible to own any firearms, never mind keep your permit. I have discussed this before with many people, the issue is CT does not mandate what kind of notice must be given, if there is not a clearly visible sign or no sign at all and you were charged with this you would have a great affirmative defense in court. But if you willfully pass a clearly marked sign I am sure you would be charged and either have to plea it down or wind up guilty of the charge under this statute.
 

OC for ME

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Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Got it, thanks.

You cite the law that permits the state to infringe upon a protected right based solely on the thing possessed the confirms that you are exercising your protected right (ignore the permit requirement for this discussion).

Essentially the statute(s) makes a simple 'trespass', not leaving when asked, or walking past a posting before being trespassed, a felony offense. Not good.

Are their plans to have this nitwit law repealed?
 

brk913

Regular Member
Joined
Oct 10, 2007
Messages
370
Location
Plainville, CT
Got it, thanks.

You cite the law that permits the state to infringe upon a protected right based solely on the thing possessed the confirms that you are exercising your protected right (ignore the permit requirement for this discussion).

Essentially the statute(s) makes a simple 'trespass', not leaving when asked, or walking past a posting before being trespassed, a felony offense. Not good.

Are their plans to have this nitwit law repealed?

Here in liberal lala land they would rather add more laws to the books than look at what we have and why it does not work. After this latest incident I have a good idea of what we will be fighting against in the legislative session this year, here's what I see for the Constitution State: High Capacity Magazine Ban, Concealed Carry, Micro Stamping, 1 Gun a month, additions to our stupid AWB, and much more. So instead of focusing on making our laws better we have to focus all our efforts into stopping the legislature from making it worse.

ETA: I almost forgot, a ban on private handgun and maybe even long gun transfers, they would love to have every transfer go through an FFL and ammunition "registration"...
 
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Skinnedknuckles

Regular Member
Joined
Dec 18, 2011
Messages
108
Location
Connecticut
It's not a violation of property laws, the problem is here in CT we must have a permit to OC or CC, even to purchase a handgun and the CGS say:

If you go into a place that is prohibited by the person in control of premises you are in violation of CGS 29-28 Subsection (e) which states, "The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises."

In the IANAL mode, I would read this not as a prohibition but a lack of authorization. It is the old "if there is not a law that says it is illegal, then it is not illegal" situation. If there is no prohibition in this statute (and I don't see one based on third grade grammar) then how can the trepass become a felony? Not that I want to be the test case!

It is moot in this case anyway, since according to his press conference there was not posting at the theatre.
 

davidmcbeth

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Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Here in liberal lala land ....here's what I see for the Constitution State: High Capacity Magazine Ban, Concealed Carry, Micro Stamping, 1 Gun a month, additions to our stupid AWB, and much more. So instead of focusing on making our laws better we have to focus all our efforts into stopping the legislature from making it worse.

ETA: I almost forgot, a ban on private handgun and maybe even long gun transfers, they would love to have every transfer go through an FFL and ammunition "registration"...

I'm on my representatives like flies on sh** ... stupid democrats ...
 

brk913

Regular Member
Joined
Oct 10, 2007
Messages
370
Location
Plainville, CT
In the IANAL mode, I would read this not as a prohibition but a lack of authorization. It is the old "if there is not a law that says it is illegal, then it is not illegal" situation. If there is no prohibition in this statute (and I don't see one based on third grade grammar) then how can the trepass become a felony? Not that I want to be the test case!

It is moot in this case anyway, since according to his press conference there was not posting at the theatre.

Again, this is not about trespassing, it's about having a pistol or revolver in a place that you are not authorized to carry in because the person in control of the property bans weapons. You could be arrested and you could be charged with a violation of CGS 29-28 subsection e and the penalty for that is clearly listed in CGS 29-37 up to 3 years in jail (a felony) and forfieture of your gun and a fine. Not sure how else you could read this, it states the violation and it states the criminal penalty for it. Think of it this way, if your permit does not authorize you to possess and carry into a specific place it is the equivalent of carrying without a permit outside your home or place of business.
 

davidmcbeth

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Jan 14, 2012
Messages
16,167
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earth's crust
Again, this is not about trespassing, it's about having a pistol or revolver in a place that you are not authorized to carry in because the person in control of the property bans weapons. You could be arrested and you could be charged with a violation of CGS 29-28 subsection e and the penalty for that is clearly listed in CGS 29-37 up to 3 years in jail (a felony) and forfieture of your gun and a fine. Not sure how else you could read this, it states the violation and it states the criminal penalty for it. Think of it this way, if your permit does not authorize you to possess and carry into a specific place it is the equivalent of carrying without a permit outside your home or place of business.

Its bad law but it is there .. the penalty should not be more than $50..what other law allows a penalty for someone bringing in a lawful item into a business for just posting a sign?
 
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luckyykid

Regular Member
Joined
Jul 26, 2012
Messages
74
Location
Meriden, CT
In a nation of 320 million people, what quantitative number would be "semi-frequently"? I am aware that you're an LEO and I'm following a few threads in which you've made comments and asked questions. You seem to be genuinely interested in learning and sharing. As the son of a retired state officer (full career, no disability which was a big deal in his agency) and a former deputized (no arrest powers) member of a Sheriffs dept. I appreciate you being here with an open and inquiring mind.

I couldn't put a number on it, and I can only speak on my city and my experiences...all I know is i've been to several "major" 911 calls (gunshots, MWAG, person shot, armed robbery in progress...) where we show up and there's no one in sight. The caller is anonymous...you walk around a bit and talk to a few people passing through, and no one saw or heard anything. Either someone is testing our response time, or they are distracting us to commit another crime elsewhere. Of course I can only speculate....

And I know of two other specific incidents where the caller had a minor problem, but called in a major incident to get a quicker police response.
 

davidmcbeth

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Jan 14, 2012
Messages
16,167
Location
earth's crust
Either someone is testing our response time
.

hummm, testing response time? Really..

Joe: Marge, call 911 .. I want to see how fast they get here in case we need to call them
Marge: again? We just tested them this morning
Joe: we cannot test too much
Marge: OK, but 10 times this week seems much
Marge, to 911: yes, I spotted Godzilla on Main Street
911: We are sending out our crack Godzilla squadron out now ! I thought it was a waste of taxpayer dollars to spend 2 million a year on such a group, like other towns have done as well, but we have gotten 10 calls this week...we just seem to be missing Godzilla ... but we'll get him .. hopefully this time ... please call back if you see him again !
 

luckyykid

Regular Member
Joined
Jul 26, 2012
Messages
74
Location
Meriden, CT
hummm, testing response time? Really..

Joe: Marge, call 911 .. I want to see how fast they get here in case we need to call them
Marge: again? We just tested them this morning
Joe: we cannot test too much
Marge: OK, but 10 times this week seems much
Marge, to 911: yes, I spotted Godzilla on Main Street
911: We are sending out our crack Godzilla squadron out now ! I thought it was a waste of taxpayer dollars to spend 2 million a year on such a group, like other towns have done as well, but we have gotten 10 calls this week...we just seem to be missing Godzilla ... but we'll get him .. hopefully this time ... please call back if you see him again !


Would you step outside of your own world for a moment and realize not everyone lives and thinks like you? Obviously responsible taxpaying citizens "Joe" and "Marge" would have no reason to do this.

But "40 cal Al" and his boyz would have one of their baby-mammas make such a call so they can have an idea of how much time they have to get away after they plug "Bo-bo". And no they don't pay taxes....or have permits for their "biscuits."

And yes this actually happens....
 

DDoutel

Regular Member
Joined
Apr 20, 2011
Messages
101
Location
Connecticut
It should be unlawful in anyone's eyes. I don't know what these cops were thinking...

They were clearly thinking that, what with all the hysteria about the Colorado theater shootings, it's now politically correct to harass someone carrying a handgun into a movie theater, all the while ignoring the elephant in the room; people die in gun-free zones. I predict that Mr. Hwang's case will disappear without a trace in short order.
 

Rich B

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Oct 13, 2009
Messages
2,909
Location
North Branford, Connecticut, USA
They were clearly thinking that, what with all the hysteria about the Colorado theater shootings, it's now politically correct to harass someone carrying a handgun into a movie theater, all the while ignoring the elephant in the room; people die in gun-free zones. I predict that Mr. Hwang's case will disappear without a trace in short order.

I think there is definitely an urge to be a hero and be on the news for the NHPD.
 
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