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The police know about this site and other sites like these.

tntorqu

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Yesterday i found a web site for officers to coversate about there duties they did that night. alot of jefferson PD and Baton Rouge PD is on there. They gotten on the subject about OC'ers. Ill Paste the thread on here. They say that we bait officers so that we can sue them.

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Gonzales PD open carry lawsuit


Mark Marchiafava says he’s earned the right to wear his .357-caliber Magnum pistol in a hip holster in Gonzales.

And, he says at a local mall, city residents paid him to demonstrate that right.

“I wish the taxpayers of Gonzales knew just how much money it is,” the 55-year-old Marchiafava adds.

In January 2006, the longtime Baton Rouge resident was at the same mall, wearing the same pistol, when a Gonzales police officer asked him why he was carrying a gun.

Marchiafava says he told the officer that non-felons can legally carry firearms that are not concealed.

That exchange led to Marchiafava’s arrest on a count of illegal carrying of a weapon. The arrest led to an hours-long stay at the Ascension Parish Prison.

But the case later was dismissed, and Marchiafava’s bond and weapon were returned to him.

Marchiafava didn’t let the dispute fade away. He sued for violation of his constitutional right to bear arms. The city recently settled the case by paying Marchiafava an undisclosed amount of money.

“I can’t disclose any client confidences,” said Bradley C. Myers, a Baton Rouge attorney for the Gonzales Police Department. “The details are confidential, not the fact of the settlement.”

So why pay Marchiafava?

“It was just a business decision that everybody makes during a civil suit,” Myers said.

“There are risks in all litigation and costs to defend litigation,” Myers said, adding that city officials weighed those risks and costs before opting for a settlement.

Marchiafava won’t talk dollars and cents, either.

“The confidentiality agreement prevents me from disclosing that amount,” Marchiafava said.

But he said the settlement would “buy someone a brand-new motorcycle.”

“All of this could have been avoided,” Marchiafava said. “I kept telling them: ‘Don’t arrest me.’”

After his arrest, Marchiafava said, Police Chief Bill Landry told other people: “‘We have a policy of arresting anybody carrying any type of firearm without a concealed-gun permit.’

“It’s not the people who are openly carrying weapons that you need to worry about,” Marchiafava said. “It’s the people who carry concealed guns that you need to be concerned about.”

Marchiafava said he remains concerned that someone else may someday be arrested under similar circumstances because: “In Gonzales, the law is whatever the cops say it is.”

That’s not correct, Chief Landry said.

“We will follow the law as prescribed,” Landry said, adding that the law permits carrying a firearm in an unconcealed holster. But Landry will not discuss the case further.

“I’ve got no comment on that,” Landry said. “I’ve got no comment.”

Donald North, a professor at Southern University Law Center, said Marchiafava has the legal right to carry a firearm in a holster on his hip.

North says carrying the firearm in that manner falls under the same law that requires hunters to keep their shotguns and rifles on gun racks visible through the rear windows of their vehicles.

“If you’re not concealing it, the statute does not prohibit your carrying of that weapon,” North explained.

“This only applies to law-abiding citizens,” the professor said. “Convicted felons can’t do this.”

North adds that he is merely explaining the law, not advocating a particular behavior.

“I’m not trying to suggest we should go back to the days of the Wild West,” North said.

Marchiafava says he does not regret carrying the pistol — even when it draws unwelcome attention from police officers.

He says other people should exercise their right to lawfully carry firearms.










Now, after reading that I've seen several sites where this guy basically sets himself up for arrest so he can sue....

numerous pictures of him next to the motorcycles he has purchased "or so he says" with lawsuit money and license plates that say "THXGPD"

just food for thought
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imtherookie

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irishlad2nv
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This occured over 3 yrs ago and last Sept. he won his lawsuit. He's an open-carry activist. The cops were wrong in this situation. I lost count of the number of times I see firsthand open-carry in La and expecially around the Baton Rouge area. Local LE at it's best on this situation!
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yes, i know its old but just wanted to pass it along. I had a encounter with the guy last week and it reminded me of him. I got a call in reference to him walking through wal-mart. So i contacted him checked his CH no felonies so i let him ride. nothing i could do he has a right to carry it. he thanked me and we moved on.

I just dont like how he "set himself up" and he was willing to admit it. the officers shouldn't have arrested him but again theres always more to a story but obviously the courts ruled in his favor.
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He's a tool, massive troll who loves to bait law enforcement. Just make contact with him, do what you have to do, and leave him alone. People like that love attention, so to **** them off I say the very least to them and once they are cleared I leave them alone. I personally don't care if people open carry, no matter how stupid I think it is, but to purposely bait law enforcement is nothing but a sign of an idiot. He has no respect from me and he is alienating people from the real discussion of the 2nd amendment. /end rant.
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JPSO i totally agree

P.S. Love the tribute to your fallen brother.
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barf

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Wow, I've never seen that before. Wait - yes I have, only about 100 times on this very site.

stop_posting.jpg
 

crewdawg

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I know I'll be flamed for this, but they do have a point. Mark does seem to be baiting these cops. Now he may not actually mean to do this, and maybe the way he acts is just his personality, but to most people Mark's antics seem self serving. Maybe if he would be a bit more tactful about it, he wouldn't turn off people to the idea of people OCing.

It seems like when people see OCers who act respectful and are tactful when speaking to others (including LEO), they see the carrying of firearms as no big deal. But when they see someone carrying a firearm who is tactless and arrogant when speaking to others (especially LEO) then they may have reservations about the carrying of firearms. As much as we hate it, public opinion is what will eventually the downfall of our rights to carry, and if we present ourselves as arrogant and don't have tact when dealing with others when we carry, the public sentiment will be against us. And the 2nd Amendment will be damned to them because that didn't stop them from outlawing Concealed Carry without a permit. They CAN outlaw Open Carry without a permit. Will it be unconstitutional? Yes. But that isn't stopping the government in other areas, is it?

So what are we to do? Be respectful to others when they say something about us carrying and politely inform them about what the laws truly are (as some here do), or shove the Louisiana Constitution in their face calling them freedom hating sheep (as others here do), and having them see people carrying firearms as only "Nutjobs."

How we are portrayed in the public's eye is up to us. If we continue to act like the arrogant fanatical gun owners that the media makes us out to be, the public will NOT be on our side, and our rights will continue to be whittled away. But when the public sees a OCer acting respectful and not being arrogant about it, when the time comes for their vote on the issue of gun rights, who do you want them to be thinking of when they think of gun owners? People who are respectful and deserving of keeping their rights, or people who are arrogant and deserving of them voting their rights away?



Now let the flaming begin, please. I wrote this, fully understanding that some will not see the logic in my statements and I am sure that I will probably be called a sheeple, etc. And my argument will be thrown aside without even a second glance, just like the Liberals do when they see something they don't agree with.

crewdawg


P.S. Please leave the Spelling and Grammar Nazi tendencies alone. I may have spelling and Grammar errors, but "frankly my dear, I don't give a damn."
 

Gunslinger

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Cops too often think they're above the law. They illegally break the speed limit at will, fool around with loaded weapons--as some dipshit NH State Cops did on a bus not that long ago, and basically look down on "civilians." Not all, of course, but too many. The courts exist to show them that they are not. You can't "bait" someone who is clearly in violation of the law, constitutional or black ink. The cops violated his rights. They paid for it with taxpayers' money. He bought a bike. The taxpayers should demand those cops are fired through the elected officials who run them. And the chief too, if he is an asshole about his flunkies' wrong doing, which he clearly appeared to be. As simple as that. Whogas if they "know about these sites"? We don't need their ******* permission to speak our minds. What we need to do is demand the scumbags are weeded out. And we do that through the ballot box and the courts. If they don't want our disgust at them for their arrogant attitudes, then they should obey the oath they swore--or quit and get a job at a recycling plant.
 

OpenCarryDefense

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Have to agree the COPS deserve to be fired. Being an 24 hour commissioned officer and not knowing the law is like a physician doing heart surgery and only knowing General Practice.
I've been the LEO and guess what I never violated another rights! Not hard to enforce and not be a Prick.
 

Cracker

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I always get a kick out of Police Officers who call Open Carry "stupid"... Call me crazy, but uuhhh, I don't think they carry their weapons concealed. I suppose we are just pee-ons who have no idea how to handle a weapon? if i was a LEO, I would "make contact" just as most do, but if the person was legal, that would be the end of it. They should appreciate the responsibility we put on ourselves as armed citizens.
 

witerango

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I've been thinking about this as it kinda refers to my run in with JPSO. Say we are "baiting" for the sue.... If they know it's "bait" then why do they swallow the hook?
 

Citizen

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witerango wrote:
I've been thinking about this as it kinda refers to my run in with JPSO. Say we are "baiting" for the sue.... If they know it's "bait" then why do they swallow the hook?
Things go a little deeper than the bait-accusers realize:

Ifall police had a healthy respect for the 4th Amendment (search and seizure), how on earth could anybody hope to hook one of them?

By whining about it, the bait-accusers unknowingly reveal their own understanding that 4A isn't exactly, shall we say, well-observed by certain police.
 

Task Force 16

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Isn't it rather humorous how they claim they are being "baited" when that is what they do all the time by conducting "stings" against "Johns" for soliciting prostitution?

As to witerango's comment, Some of these LEO's that can't seem to resist the bait, they better realize that we don't practice "Catch and release". We have what we catch for lunch. LOL :lol:
 
Joined
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Since most here aren't truly interested in the truth, this is not for you.

For the few who are, there are LOTS of blatant lies posted on officer.com concerning this matter.
For people who supposedly are thought to investigate and search for the truth, it's odd NONE of the posters on officer.com ever bothered to contact me for the truth.

Posting personal opinions is par for the course there.
 

rmansu2

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crewdawg wrote:
I know I'll be flamed for this, but they do have a point. Mark does seem to be baiting these cops. Now he may not actually mean to do this, and maybe the way he acts is just his personality, but to most people Mark's antics seem self serving. Maybe if he would be a bit more tactful about it, he wouldn't turn off people to the idea of people OCing.
Have you ever met Mark?

To me he seems like a guy who knows the law. At least these laws. When being stopped for doing absolutely nothing wrong, I think I would be a little pissed off myself.

Mark does have a way about him but to say he is self serving is a bit much. Wait! He is self serving, he serves to protect himself and loved ones by being prepared everyday. I would not say that he baits officers anymore than anyone else who OC's. They may see it that way, but since when is following the law a way to invite attention from an officer in the formof detainment.

Can you imagine stopping at a stop sign with your blinker on and then only after you were clear, you turned and an officer pulled you over? What would his reason be? Being too careful is not a reason to stop someone. I don't know that there is a law that limits how long you are allowed to be stopped at a stop sign. Do you?

I would be extremely pissed but would try to have a civil conversation to try to figure out why I was stopped. If he tried to arrest me, I would have to argue and tell him not to arrest me. But I don't think I would be physical. I would just have to deal with the cards I'm dealt. That may include filing suit.

No. I'm not a "Mark"stist. But I do agree with a right is a right. I OC occasionally but mostly CC. This is due to my comfort level. Maybe as I get older and more comfortable with my reflexes then maybe OC will be regularfor me. 'Til then I carry to protect myself and family but no one knows.
 

VAopencarry

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Try reading Mr. Marchiafava accounts of the incident.

Any cop that thinks someone acting within the law is 'baiting' them is an idiot!!! They feel 'baited' because they are the one's that overstep their authority.
 

Fallschirjmäger

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You can't 'bait' someone by performing a perfectly legal act and minding your own business.

It's the same theory behind 'bait cars'.... the honest person will look and not be tempted, the dishonest will react. The same principal works among law enforcement, the honest won't be 'tempted' by legal conduct, the dishonest ones..... well, ...I'll let you decide for yourselves what dishonest ones will do.
A bait car, even one with doors open and the engine running will not attract an honest person.
Neither will a wallet laying on the ground, nor a laptop sitting on a table.
 

Statesman

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This is the article.

http://www.lewrockwell.com/blog/lewrw/archives/043037.html

referring to:

http://officer.com/web/online/Investigation/Training-Cops-to-Lie---Pt-1/18$49343

This admission is absolutely stunning, although this is primarily just an attention grabbing headline for a story about what lies can be done legally, while conducting an investigation. Regardless, this type of article; with such a headline; will only provoke animosity & distrust in the public. But hey, at least she is being honest, right?

I think all open carriers should read this article, as it would be useful to understand this mindset when being detained, legally or not. In addition to this, watch "Don't Talk To the Police": http://www.youtube.com/watch?v=6wXkI4t7nuc

I liked the SCOTUS citation:

"And confessions "are a good thing." Just ask the Supreme Court:
Admissions of guilt are more than merely 'desirable,' they are essential to society's compelling interest in finding, convicting and punishing those who violate the law. - Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973).​
But just as important, The police must obey the law while enforcing the law. - Spano v. New York, 360 U.S. 315, 320 (1959).""
 

suntzu

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crewdawg wrote:
I know I'll be flamed for this, but they do have a point. Mark does seem to be baiting these cops."

And? If the police would act like human beings instead of something from a bad movie--maybe they would get more respect than they do.

The sooner they learn that the people are sick and tired of being mistreated--the better off we will all be. And if that takes many expensive lawsuits against individual officers and departments/cities--then so be it. They think that someone minding their own business and OC'ing is a reason to draw on us, violate our rights and mistreat us--and then expect us to thank them and forget it...

The police act like they are at war with us. And the sooner they learn we are not going to tolerate their mistreatment--the better.
 
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The police don't just ACT like they are at war with us, they ARE at war with us.
The sooner OC'ers (and everyone else) realizes this cold, hard fact, the sooner
REAL change occurs.

Picking up litter? LOL, how totally absurd.
 

georg jetson

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mark edward marchiafava wrote:
The police don't just ACT like they are at war with us, they ARE at war with us.
The sooner OC'ers (and everyone else) realizes this cold, hard fact, the sooner
REAL change occurs.

Picking up litter? LOL, how totally absurd.
If you would offer some proof of this, then perhaps a realization would occur.
 
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