Gonzales (LA) settles gun-carrying man’s lawsuit - Page 2

armsmaster270 · September 27, 2009, 10:54 PM

ESI Agent: You can blame your situation on Consumer Affairs, Bureau of Security and Investigativ Services
A lot of your problem is with Bureau passed admistrative regulations which have the effect of law although not passed by the Legislature per se.

mark marchiafava · September 28, 2009, 06:58 AM

What this Advocate article failed to mention was the way these rogue cops took me into custody.
AFTER their 6 week ROOKIE RESERVE OFFICER checked me out and RELEASED me, four car loads of his thug buddies "captured" me at gunpoint. The first words off the lead officer's lips were "are you a law enforcement officer?"
This question told me all I needed to know. They realized I was not a criminal and also conveyed it's their opinion only THEY can carry guns.

divemedic · September 28, 2009, 08:23 AM

To mskdgunman:
If you are the LEO you assert yourself to be, you mus know that this statement is totally wrong:

Quote:

Technically in FL, it could be considered Disorderly conduct if the carrying of the weapon caused a panic or a stampede but generally, you have to have independent victims who will come forward.

In Florida, open carry is illegal under 790.053 there are exceptions to this, such as being on your own property, at your place of business, going to or from fishing, hunting, etc. There are a host of exceptions. I suggest you become acquainted with them, or you may be the next LEO on the other side of a lawsuit.

Your other statement shows another lack of understanding of the law:

Quote:

The only question I have is if you are open carrying, can an LEO check to make sure you are not a convicted felon?

You are a LEO, and you don't already know? If OC is not illegal in the state the LEO is in, then no. Not anymore than than it would be to pull over every driver to do a license check, or stop everyone within 1,000 feet of a school to see if they are a sex offender.

OuTcAsT · September 28, 2009, 09:01 AM

Quote:

If you are the LEO you assert yourself to be, you mus know that this statement is totally wrong:

Quote:

Your other statement shows another lack of understanding of the law:

You know divemedic, that was my impression as well and I addressed it in my earlier post. Having read these statements, and all the recent case law that is appearing concerning this topic, I can draw only a couple of conclusions;

1) LE agencies are not training their officers on the laws concerning OC, or CC.
2) The agencies are aware of the laws but choose to thumb their collective noses at it in order to forward some "agenda"

Or, a combination of the two.

NightSight · September 28, 2009, 11:39 AM

Mark, thank you for standing up for all of our rights.

Outcast, I agree with you 100%. I cannot even relate how disturbed I am to hear of our LEOs with the attitude of mskdgunman. I would certainly appreciate the opportunity to peacefully, after having fully obeyed the officer,

Quote:

Originally Posted by mskdgunman

talk with him about the wisdom of OC.

Quote:

Originally Posted by mskdgunman

If no State or local law prohibited it, I wouldn't arrest the guy unless there was some other violation

I am also pleased to hear that I wouldn't be arrested for breaking no laws, only a stearn "talking" to.

Quote:

Originally Posted by mskdgunman

All in all, legal or not, a bad idea in our current society.

Hmmm. I wonder why that is. Maybe if some of our LEOs wouldn't harass the general law abiding public we would have more people willing to OC. Then maybe it wouldn't scare the sheep.

I certainly hope you reconsider your position on OC mskdgunman.

mark marchiafava · September 28, 2009, 01:37 PM

While I cannot discuss the settlement, I CAN post a pic of one of my new bikes........

mark marchiafava · September 28, 2009, 01:41 PM

Here are two of them............

Al Norris · September 28, 2009, 01:51 PM

Mark, while I understand why you cannot discuss the settlement, unless the court records are also sealed, can you discuss the case?

Such as; 1) The violations in the original complaint, 2) the City's rebuttal arguments, 3) discovery and motions, and 4) anything that happened at trial (assuming it went that far).

As I understand it, generally the settlement agreement will state that the City/County/State does not admit to any wrongdoing, regardless of any monetary settlement made. That's a given.

I am most interested in items #1 and #2 above.

divemedic · September 28, 2009, 01:52 PM

I wouldn't post those pics with a tag on them. This will only make you a target for other police actions.

mark marchiafava · September 28, 2009, 01:57 PM

The ONLY violation I was booked with was 14:95, illegal carrying of a weapon.
If any of you guys read the statute, you'd realize in short order it didn't apply to me.

There was NO attorney ( I could find) who was willing to take this matter to trial, so I had no choice but an out-of-court settlement. I know, not my first choice, either.

There were no depositions, nothing. The sheriff's office managed to get itself removed as a defendant during the preliminary motions.

I have no qualms about posting my plate. If they or any of their thugbuddies want to show their true colors, go for it.

September 27, 2009, 10:54 PM	#26
armsmaster270 Senior Member Join Date: November 25, 2008 Location: California Posts: 1,951	ESI Agent: You can blame your situation on Consumer Affairs, Bureau of Security and Investigativ Services A lot of your problem is with Bureau passed admistrative regulations which have the effect of law although not passed by the Legislature per se. __________________ http://www.armsmaster.net-a.googlepages.com http://s239.photobucket.com/albums/f...aster270/Guns/ Retired LE, M.P., Sr. M.P. Investigator F.B.I. Trained Rangemaster/Firearms Instructor & Armorer, Presently Forensic Document Examiner for D.H.S.

September 28, 2009, 01:52 PM	#34
divemedic Senior Member Join Date: August 12, 2006 Posts: 1,310	I wouldn't post those pics with a tag on them. This will only make you a target for other police actions. __________________ Caveat Emperor

September 28, 2009, 06:58 AM	#27
mark marchiafava Junior Member Join Date: September 27, 2009 Posts: 5	What this Advocate article failed to mention was the way these rogue cops took me into custody. AFTER their 6 week ROOKIE RESERVE OFFICER checked me out and RELEASED me, four car loads of his thug buddies "captured" me at gunpoint. The first words off the lead officer's lips were "are you a law enforcement officer?" This question told me all I needed to know. They realized I was not a criminal and also conveyed it's their opinion only THEY can carry guns.

September 28, 2009, 01:41 PM	#32
mark marchiafava Junior Member Join Date: September 27, 2009 Posts: 5	Here are two of them............

September 28, 2009, 01:51 PM	#33
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Mark, while I understand why you cannot discuss the settlement, unless the court records are also sealed, can you discuss the case? Such as; 1) The violations in the original complaint, 2) the City's rebuttal arguments, 3) discovery and motions, and 4) anything that happened at trial (assuming it went that far). As I understand it, generally the settlement agreement will state that the City/County/State does not admit to any wrongdoing, regardless of any monetary settlement made. That's a given. I am most interested in items #1 and #2 above.

September 28, 2009, 01:57 PM	#35
mark marchiafava Junior Member Join Date: September 27, 2009 Posts: 5	The ONLY violation I was booked with was 14:95, illegal carrying of a weapon. If any of you guys read the statute, you'd realize in short order it didn't apply to me. There was NO attorney ( I could find) who was willing to take this matter to trial, so I had no choice but an out-of-court settlement. I know, not my first choice, either. There were no depositions, nothing. The sheriff's office managed to get itself removed as a defendant during the preliminary motions. I have no qualms about posting my plate. If they or any of their thugbuddies want to show their true colors, go for it.