Weird: Judge says man can't carry guns outside the home

Weird: Judge says man can't carry guns outside the home

This is a discussion on Weird: Judge says man can't carry guns outside the home within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; This guy got his guns taken away for not notifying an LEO he was armed, got them back but can't carry. All without a conviction. ...

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Thread: Weird: Judge says man can't carry guns outside the home

  1. #1
    VIP Member Array paramedic70002's Avatar
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    Weird: Judge says man can't carry guns outside the home

    This guy got his guns taken away for not notifying an LEO he was armed, got them back but can't carry. All without a conviction.

    BUT: Was recently convicted of assaulting his wife. So why isn't he barred from gun ownership under the Fed domestic violence law?

    Fairbanks Daily News-Miner - Second Amendment Task Force leader Schaeffer Cox can keep guns at home not in public

    Second Amendment Task Force leader Schaeffer Cox can keep guns at home, not in public

    Schaeffer Cox can again possess as many guns as he wants.

    He just can’t take them out of his house.

    District Court Judge Jane Kauvar partially lifted the no firearm condition of release that the 26-year-old leader of the local Second Amendment Task Force has had to live with since March 19 when he was charged with misdemeanor weapons misconduct.

    Cox’s attorney, Robert John, argued that the total firearms ban was unconstitutional and unnecessary since Cox is not accused of threatening anyone and banning him from carrying a gun does nothing to ensure he will make future court appearances, as posting bail does.

    “Even if Mr. Cox were convicted of this crime, I don’t believe the conditions imposed in this case would be appropriate,” John said.

    Cox was contacted by Fairbanks police officers last month while he was monitoring the scene of a police search at an Eighth Avenue house. The carpenter and business owner is part of a “Liberty Bell” network that sends out mass notifications when someone believes their rights are being violated.

    The owner of the home had contacted Cox to complain that police were making an unauthorized search of her property. Police said they were responding to a 911 hang-up call.

    Cox attempted to gain entry to the home while an officer was interviewing people inside. After Sgt. Gary Yamamoto observed a knife in Cox’s front pocket, he patted down Cox for weapons and found a Ruger .380-caliber semiautomatic pistol, according to charging documents. The gun remains in police custody.

    State law requires those with a concealed firearm on them to immediately notify a law enforcement officer when contact is made.

    Kauvar said that she might have allowed Cox to carry a firearm ahead of a likely trial next month if this were his first run in with the law, but she said that the additional condition was necessary because Cox was convicted of misdemeanor reckless endangerment just two weeks prior to his weapons misconduct arrest.

    In that case, Cox was accused of choking his wife during a trip to Anchorage.

    “This is someone who came back to court not two weeks after being convicted,” Kauvar said. “I believe I can be a little more stringent.”

    Cox, who claims to receive death threats for his work with the Second Amendment Task Force, told Kauvar that her ruling puts him and his family in danger.

    “I understand your ruling and I disagree and object to it and I think it’s violating our most sacred of legal precedents, the presumption of innocence,” Cox told Kauvar.

    Cox and John said they plan to take the case to the state court of appeals, which will take about two months to issue an opinion.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!


  2. #2
    Member Array user's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    This guy got his guns taken away for not notifying an LEO he was armed...
    State law requires those with a concealed firearm on them to immediately notify a law enforcement officer when contact is made.
    ....
    What state are we talking about? That's certainly not true in Virginia.
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    VIP Member Array paramedic70002's Avatar
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    It happened in Fairbanks so that would be Alaska.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    VIP Member Array dukalmighty's Avatar
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    This dipstick decided to interfere in a police Investigation,if the lady feels her rights under unreasonable search are being violated then she should call her lawyer not a Carpenter"Unless she's Praying"
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    VIP Member Array Hiram25's Avatar
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    Sounds like he was looking for a confrontation, and he got one.

    I don't think this type of action helps our 2A fight in the least.

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    Distinguished Member Array BlueNinjaGo's Avatar
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    How long did he have "contact" with the officer before he was patted down? Seconds? Minutes?

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    Member Array nova83tx's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    Cox attempted to gain entry to the home while an officer was interviewing people inside. After Sgt. Gary Yamamoto observed a knife in Cox’s front pocket, he patted down Cox for weapons and found a Ruger .380-caliber semiautomatic pistol, according to charging documents. The gun remains in police custody.

    State law requires those with a concealed firearm on them to immediately notify a law enforcement officer when contact is made.
    I guess the semantics of the word "contact" will be debated here, and a precedent will be set. I for one, when traveling in Alaska, do not want to bring out my CHL and notify a police officer every time I pass one on the street.

    On the other hand, when Cox attempted to enter the house, putting himself in the midst of the LEO interview, he should have done the smart thing and notified ASAP. If he was part of a watchdog group that monitors LEOs, I would think that he would have known about notifying any LEOs he came in contact with.

    I guess Cox learned his lesson after this incident: attempt to stick your nose in someone else's business with the LEOs, be prepared to follow all laws EXACTLY TO THE "T", and don't be surprised when an LEO enforces the law, and charges you with applicable crimes.

    Who knows, maybe we will get lucky that Cox is a member of DC and we will get a first hand account once all the legal hassles are behind him.
    Glock 26 w/ CTAC IWB

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    VIP Member Array Eagleks's Avatar
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    He may have walked up , asked abruptly what's going on, LEO saw knife and did a pat down. But then, there may also have been a lot more to it. ... we don't know.

    Here, if he was 'open carrying' on his property, the LEO could have asked for the weapon "temporarily" for safety, but there would be no criminal charge as it would be legal.

    Also, we have NO requirement to NOTIFY, only to answer truthfully and show our license IF an LEO asks us if we are carrying a gun.

    The more I hear and see of these "failure to notify" .... and some within seconds of contact... seem to be used more as an excuse by "some" LEO's.

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    VIP Member Array tokerblue's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    Cox, who claims to receive death threats for his work with the Second Amendment Task Force, told Kauvar that her ruling puts him and his family in danger.
    - You know what else puts his family in danger? Trying to choke them.

  10. #10
    VIP Member Array Sig 210's Avatar
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    You know what else puts his family in danger? Trying to choke them.

    Bingo!!!

    It appears that the perp wanted a confrontation with the police and got one. Cox needs to wake up before he finds himself in the crossbar hotel for an extended stay.

    What a sorry excuse for a spokesman for our 2nd Amendment rights.

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