Man who carries gun to polls sues

This is a discussion on Man who carries gun to polls sues within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Sig35seven My,my...how the tide has suddenly changed in favor of these silly little law suits. There is a difference here. One is ...

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  1. #16
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Sig35seven View Post
    My,my...how the tide has suddenly changed in favor of these silly little law suits.
    There is a difference here. One is a clear violation of his rights under the Constitution and the laws of his state that are clearly spelled out. If you are referring to lawsuits about McD's ans burning butts becasue of stupidity we are talking about different issues. Nice contribution to the thread though.

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  3. #17
    VIP Member Array Eagleks's Avatar
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    We are fighting things here, where Cities are trying to "hold on" to the old laws, that were all pre-empted by the STATE as much as 5-6 yrs ago. The STATE laws specifically says that all county or city ordinances are void in several areas. They can no longer "prohibit" open carry, for example. That means what it says. Some cities, have been enforcing the old laws (even though they were void) and putting people in jail, etc..... and the attorneys of those charged didn't realize (because they dealt more with local laws only and hadn't done their research) they had been pre-empted by the State. So, people were sitting in jail... for something that WAS NOT a crime.

    One guy that was caught in this, I told him his attorney was full of it.... and sent him the laws to hand his attorney. The attorney told him "I didin't realize that" , and guess what ... charges dismissed. I'm not an avid advocate of anything in particular.

    Cities, etc. at local levels will often try to do "what they want" to keep the sheep in line, even knowing that it's really not legal. I live in such a town that still doesn't want to recognize their laws are no longer valid at all.... and concealed or open, they'll harrass you, try to arrest you, etc. Would I sue them, you bet..... and I've let them know I'ld do it in a heart beat ... because they know I have a CC license (long story & small town). So, guess who they leave alone.... but there are "some" that 'often' suggest..... to me that carrying might not be a good idea. My response is, try to enforce a voided pre-empted law and I'ld definitely being filing a lawsuit. There are others (LEO's, etc) that let me know they think it's a good idea.

    I've been in court rooms 1000's of times, a couple more is no problem if they want to try to enforce laws that are bogus.

    I applaud the guy. I don't think it has a thing to do with getting attention, or any such thing.... it's about standing up for your rights and requiring the city to follow the laws .. and not make them up as they go along. If they tried to enforce their preference (illegally) when it's legal per the law.... then he should sue them for it.

    Or, would ya'all just roll over, let them run over you and play dead for them ?
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

  4. #18
    Ex Member Array NotMallNinja's Avatar
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    This guy did nothing wrong. If one cannot exercise a right for fear of losing the right then the right matters not.

  5. #19
    Senior Member Array Sig35seven's Avatar
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    Quote Originally Posted by suntzu View Post
    There is a difference here. One is a clear violation of his rights under the Constitution and the laws of his state that are clearly spelled out. If you are referring to lawsuits about McD's ans burning butts becasue of stupidity we are talking about different issues. Nice contribution to the thread though.
    Wrong. There is no difference. They ALL have the right to Law suit and that was my point that you seemed to have missed.
    "Confidence is food for the wise man but liquor for the fool"

  6. #20
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Sig35seven View Post
    Wrong. There is no difference. They ALL have the right to Law suit and that was my point that you seemed to have missed.
    Oh, I agree that everyone has a right to sue. I never said that was an issue. In fact, I think that folks that are involved in a justified shooting should not be protected from being brought before a civil court. Think situations similar to Zimmerman.

  7. #21
    Senior Member Array Spidey2011's Avatar
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    You know, I see these posts and I can't help but wonder. Years ago, people broke stupid laws all the time to protect their civil rights. Why is it so different here? We as gun owners ARE discriminated against. It seems to me that there are too many places nowadays that we're not allowed to go with our gun. That fundamentally denies us the right to protect ourselves. Is that not a right worth standing up for?

    I'm not saying everyone should strap on a gun and run through a gun-free zone, but I do think some people need to grow a backbone and stand up for something they believe in, rather than "flying below the radar."

  8. #22
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Spidey2011 View Post
    You know, I see these posts and I can't help but wonder. Years ago, people broke stupid laws all the time to protect their civil rights. Why is it so different here? We as gun owners ARE discriminated against. It seems to me that there are too many places nowadays that we're not allowed to go with our gun. That fundamentally denies us the right to protect ourselves. Is that not a right worth standing up for?

    I'm not saying everyone should strap on a gun and run through a gun-free zone, but I do think some people need to grow a backbone and stand up for something they believe in, rather than "flying below the radar."
    I agree 100 percent. Just like gays trying to achieve civil rights. A lot of gays that stayed in the closet (concealed) did not like the trouble makes of the ones that displayed their orientation (Open). But because of the ones that came out soon too were the ones that were afraid and stayed in the closer. Sorry, best analogy I could do....

  9. #23
    sgb
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    There are people who stand up for their rights and there are people who just need to bltch about the guy who stands up for those rights. When the day comes that that guy doesn't stand up anymore the bltchers will bltch about no one fighting to protect those rights.

    “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly; who errs and comes short again and again; because there is not effort without error and shortcomings; but who does actually strive to do the deed; who knows the great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement and who at the worst, if he fails, at least he fails while daring greatly. So that his place shall never be with those cold and timid souls who know neither victory nor defeat.”- Theodore Roosevelt
    Spidey2011, Eagleks and ccw9mm like this.
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  10. #24
    Ex Member Array F350's Avatar
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    For those of you "afraid" of the guy causing more restrictive laws; remember this was in Indiana where the legislature authorize the shooting of LEO illegally entering your home; as a born Hoosier I doubt anything will come of it.

  11. #25
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by sgb View Post
    There are people who stand up for their rights and there are people who just need to bltch about the guy who stands up for those rights. When the day comes that that guy doesn't stand up anymore the bltchers will bltch about no one fighting to protect those rights.
    ^^^^^^^^^^^^^^^^^^^^^^^^^^
    +1 That was recited at one of my graduations.........I use to read it to the parents of the kids on my hockey team.

  12. #26
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Sig35seven View Post
    My,my...how the tide has suddenly changed in favor of these silly little law suits.
    Oh, almost forgot..I am pretty darn consistent when it comes to issues of LEO's messing with folks exercising their rights.
    Marine get turned away from voting because of OC'ing

  13. #27
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    Quote Originally Posted by barstoolguru View Post
    The city of IRVING, TX has a civic center and they had posted 30.06 signs (gun busters) AT all the entrances. by state law (Texas) they could not restrict lawful carry on government owned property unless it is a scholastic or school function. there was a Texas CHL instructor went to a show and seen the signs so he wrote letters to the city manager telling them they can't do that and they researched it and wrote him back (by e-mail he posted it) saying they will have the signage removed and they were wrong. you can fight city hall and win

    The Irving Convention Center and 30.06
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  14. #28
    Senior Member Array CIBMike's Avatar
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    Quote Originally Posted by suntzu View Post
    He did not pick a abttle. He was OC'ing as is his right. The leadership at the polls and LEO's were clueless about the law..even after giving them an oppurtuity to figure it out. No citizen complained. Just a voting official who did not know th elaw.

    It was everybody else that was picking a fiight. Oh...that is right. OC'er should not be seen or heard.
    Sutzu is right about this , i do not mean to bag on indiana law enforcement.I have a handful of friends in indiana law enforcement agencies, but the fact is that many officers from all agencies don't even understand the basics of the carry conceal laws in the state.OCing in indiana is legal and there is no law prohibiting carrying at a polling place as long as it is not at one of the prohibitied areas named in the state laws.This denial to carry at a polling place may even violate a state law that was passed in 2011 in indiana prohibiting local governments from denying permit holders from carrying in public places.In my estimation this is worth fighting for,local law enforcement and government need to follow the laws just like everybody else.Let them get away with this and they will just start making crap up as they please
    The easy way is always mined.

  15. #29
    Senior Member Array CIBMike's Avatar
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    Quote Originally Posted by suntzu View Post
    Oh, almost forgot..I am pretty darn consistent when it comes to issues of LEO's messing with folks exercising their rights.
    Marine get turned away from voting because of OC'ing
    Just to clarify i was refering to this incident in indiana.^^^^^
    The easy way is always mined.

  16. #30
    VIP Member Array suntzu's Avatar
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    Here is the original stroy. It shows that it was not just a kneww jerk reaction by the LEO's. It was a total failure of the government to get its act together. The gentleman in question does not fit the you tube seeker stereotype. In fact I do not beleive any video was aver posted. It appears he was also courteous and respectful the whole time.
    Marine veteran openly carrying handgun turned away from poll location | ABC57 | South Bend IN News, Weather and Sports | Top Stories

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