St. Louis Zoo Granted TRO against OC/CC Carry

[logunowner]

On that level we are in complete agreement - the state and AG requiring municipalities, political subdivisions, etc to honor the preemption of gun laws/rules.

Still that is not the AG acting as an individual's defense attorney.

You're a tough nut to crack......

 

[Firearms Iinstuctor]

Full story at the link


http://gunwatch.blogspot.com/2015/06/st-louis-zoo-obtains-restraining-order.html



The St. Louis Zoo has asked for, and Judge Joan Moriarty has issued, a temporary restraining order barring a Second Amendment activist from visiting the Zoo while armed. From Fox2now.com:

ST. LOUIS (AP) – A judge is barring a gun-rights advocate from entering the St. Louis Zoo with a gun as he pledged to do this weekend.
St. Louis Circuit Judge Joan Moriarty issued a temporary restraining order against 56-year-old Jeffry Smith of Cincinnati. It’s in effect until a hearing June 22.
Smith planned to go armed to the St. Louis Zoo on Saturday afternoon to test the legality of the site’s firearms ban. Although Missouri law bars guns in gated areas of amusement parks, he questions whether the zoo fits that description as a public, taxpayer-supported place.

 

[deepdiver]

On that level we are in complete agreement - the state and AG requiring municipalities, political subdivisions, etc to honor the preemption of gun laws/rules.

Still that is not the AG acting as an individual's defense attorney.

It's not acting as an individual's defense attorney regardless as the Zoo has sued for a permanent injection against Jeff Smith and everyone else and such injunctive relief violates preemption defense of which legal attack would fall to the AG both on behalf of the general assembly and on behalf of everyone else as cited previously. It doesn't argue that just Jeff Smith can't carry guns into the zoo. It argues that the zoo can make up any rules regarding firearms it wishes; that those rules rise to the level of statutes or ordinance; that that RSMo 21.750.3(2) is incorporated into RSMo 571 thereby limiting open carry to the same restrictions as concealed carry; that despite by statutory definition being a subdistrict of a district of the municipality of St. Louis they claim to have the same authority as enumerated political subdivisions in RSMo 571.107(6), of which they are not one of the enumerated, which section reads, "The provisions of this subdivision shall not apply to any other unit of government;"; that any location where school children often visit on field trips is a school zone and therefore prohibited for carry whether or not such fact is known or disclosed; that any location that preschool children may be present because of a preschool being located in the vicinity is a preschool zone and therefore prohibited for carry whether or not such fact is known or disclosed; any park or recreational area used for educating children and any surrounding park or wildlife areas adjacent are school/preschool districts and therefore off limit for carry; etc.

To name just a few of the "turns the entire 2A rights and carry laws of MO on its head" matters in the Zoo's filing...

 

[Grapeshot]

You're a tough nut to crack......

There is no intent to show dishonor to anyone for their opinion(s) and I do enjoy a thorough exchange of information - we all learn something in the process IMHO.....myself included.

When the ashes and dust have finally settled, the most I hope for is that I be remembered as one of the good guys.

 

[deepdiver]

I appreciate the dialogue, Grapeshot. Sometimes the most enlightening conversations begin with, "Ok, I had a thought. Dismantle this argument....". It's kinda like debate club challenging, debating, dismantling and thereby improving each others arguments.

 

[logunowner]

There is no intent to show dishonor to anyone for their opinion(s) and I do enjoy a thorough exchange of information - we all learn something in the process IMHO.....myself included.

When the ashes and dust have finally settled, the most I hope for is that I be remembered as one of the good guys.

No disrespect meant....

 

[LMTD]

On that level we are in complete agreement - the state and AG requiring municipalities, political subdivisions, etc to honor the preemption of gun laws/rules.

Still that is not the AG acting as an individual's defense attorney.

Ahh but there in is the magic sir, the all loving magic that is the TRO.

It applies to EVERYONE who may know of "its existence" aka that is a Municipality filing a restraining order against every person in the state, the atty. general might not have to represent a single person but when a political subdivision of this state conducts itself in an illegal manner against 100% of the population he may find him self quite obligated.

Despite a great many person engaging in the great debate that is guns in the zoo or not, this became about abuse of power once they realized they were unable to arrest for it without civil liabilities and went for the TRO which might have been ok if they had named only Mr. Smith however note that they did not and the TRO did not have exclusions for the popo who have been filmed in the zoo openly carrying firearms in direct conflict with the TRO and are accountable in contempt of court.

Seems to me like more than a few folks going to be standing around saying "oops" before it all comes out in the wash.

 

[deepdiver]

Speaking of filming ... undercover cops were filming OC people at the meet up. The one I saw being asked who he was with testify snapped "St Louis police" immediately closed his camera and walked over to a group of uniforms and others who appeared to be undercover others of them appearing to also have camcorders in their hands. Don't know what that was about.

 

[Grapeshot]

Speaking of filming ... undercover cops were filming OC people at the meet up. The one I saw being asked who he was with testify snapped "St Louis police" immediately closed his camera and walked over to a group of uniforms and others who appeared to be undercover others of them appearing to also have camcorders in their hands. Don't know what that was about.

Just videoing people in a public setting........or otherwise gathering evidence." :uhoh:

 

[deepdiver]

Just videoing people in a public setting........or otherwise gathering evidence." :uhoh:

Videoing LAC while he was carrying a concealed weapon (he was printing on the right side carrying IWB just behind 3 o'clock) INSIDE the zoo despite the plain language of the TRO.

 

[Richieg150]

You're a tough nut to crack......

SOMETIMES, the tougher the nut, the sweeter the insides..