Norfolk to pay $15,000 in Harborfest gun arrest case

This is a discussion on Norfolk to pay $15,000 in Harborfest gun arrest case within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; This guy was OCing at a city party when the LEOs arrested him and would not let him give the car keys to his wife. ...

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Thread: Norfolk to pay $15,000 in Harborfest gun arrest case

  1. #1
    VIP Member Array paramedic70002's Avatar
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    Norfolk to pay $15,000 in Harborfest gun arrest case

    This guy was OCing at a city party when the LEOs arrested him and would not let him give the car keys to his wife. Personally, I would have told them to keep their 15K, see you in court. This is Norfolk's SECOND 15K payout this year for violating someone's gun rights.

    Norfolk to pay $15,000 in Harborfest gun arrest case | HamptonRoads.com | PilotOnline.com

    Norfolk to pay $15,000 in Harborfest gun arrest case
    Posted to: News Norfolk

    By Harry Minium
    Tim McGlone
    The Virginian-Pilot
    December 18, 2008

    NORFOLK

    A Yorktown gun-rights advocate who sued Norfolk after his arrest at Town Point Park for openly carrying a handgun will receive a $15,000 payout to settle the federal lawsuit.

    Chester "Chet" Szymecki Jr. sued the city after his arrest in June 2007 on a charge of violating a city ordinance prohibiting firearms at Harborfest. The city later learned that the ordinance is unenforceable because state law prohibits localities from regulating firearms.

    Szymecki sued in U.S. District Court claiming violations of his Second Amendment right to bear arms, but a judge threw out that part of the case. The judge ruled, however, that city police may have violated Szymecki's privacy rights by demanding his Social Security number.

    The case was scheduled for trial Tuesday.

    City Attorney Bernard A. Pishko said the settlement avoids the high price of going to trial. The city did not admit any wrongdoing, he said.

    Pishko said the police are aware of the rights of gun owners, largely because of several high-profile disputes involving gun-rights activists in Norfolk.

    "I think the police are very aware, more aware than they might have been before," he said.

    A federal judge threw out a related suit by Szymecki's wife, who claimed a sheriff's deputy violated her rights during her husband's arrest.
    "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 mcp1810's Avatar
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    Soooo......... The judge tossed the violation of his right to bear arms but says the police shouldn't have asked for his Social Security number.
    Infowars- Proving David Hannum right on a daily basis

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    Member Array user's Avatar
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    His case against a municipal corporation as a state agency for violation of his rights under the 2nd Amendment was dumb. I can't imagine an attorney in his right mind bringing such a case. The 2nd Amendment does not apply to states, only to the U.S. He's lucky he didn't get sanctioned by the court for that one.

    I can't believe how badly lawyers structure complaints based on gun issues. It's as if they intended to lose. How 'bout something as simple as false arrest, false imprisonment, malicious prosecution, abuse of process, conversion of personal property, trespass to chattels, assault and battery? Why bring a loser into the mix and ignore all the winners? Dumb.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by user View Post
    The 2nd Amendment does not apply to states, only to the U.S.
    The Virginia Constitution has this:

    "Section 13. Militia; standing armies; military subordinate to civil power.

    That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power."

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    Yeah, weird !!!

    Quote Originally Posted by mcp1810 View Post
    Soooo......... The judge tossed the violation of his right to bear arms but says the police shouldn't have asked for his Social Security number.
    That is weird. By that reasoning, every doc and hospital that asks for my Medicare number is violating my rights as it is the same as the social security number.

    Wonder what the judge was drinking. Just goes to show that the outcome of legal disputes is utterly unpredictable.

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    Member Array MIKEV's Avatar
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    Quote Originally Posted by Anubis View Post
    The Virginia Constitution has this:

    "Section 13. Militia; standing armies; military subordinate to civil power.

    That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power."
    So are you agreeing that 2A doesn't apply to the States, or are you using a State Constitution article to support your asertion that 2A is applicable to the States? Your posting left abit open to interpretation.

    MikeV

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    Restricted Member Array SelfDefense's Avatar
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    Quote Originally Posted by user View Post
    His case against a municipal corporation as a state agency for violation of his rights under the 2nd Amendment was dumb. I can't imagine an attorney in his right mind bringing such a case. The 2nd Amendment does not apply to states, only to the U.S.
    Exactly. That the Second Amendment applies to the states is a pervasive idea founded in misinformation.

    They can arrest me for a few hours if they pay me $15,000. His lawyer did good. People scamming the government because they were inconvenienced is cause for concern. Maybe $100/hour for detenion would be more in line with actual damages.

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    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by SelfDefense View Post
    Exactly. That the Second Amendment applies to the states is a pervasive idea founded in misinformation.

    They can arrest me for a few hours if they pay me $15,000. His lawyer did good. People scamming the government because they were inconvenienced is cause for concern. Maybe $100/hour for detenion would be more in line with actual damages.
    No, its actually good in this case... just because that particular locality is notorious for not following the rules. The hope is that if they keep having to pay out, eventually they'll get the hint that they need to tighten the ship so to speak.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

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    Restricted Member Array SelfDefense's Avatar
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    Quote Originally Posted by packinnova View Post
    No, its actually good in this case... just because that particular locality is notorious for not following the rules. The hope is that if they keep having to pay out, eventually they'll get the hint that they need to tighten the ship so to speak.
    But 'they' don't pay. Ultimately 'you' pay. I am sure not a single LEO involved personally contributed to the $15,000. Chet got a windfall.

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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by MIKEV View Post
    So are you agreeing that 2A doesn't apply to the States, or are you using a State Constitution article to support your asertion that 2A is applicable to the States? Your posting left abit open to interpretation.
    I was pointing out that whether the US Constitution's 2A applies to the states, it is a fact that the Virginia Constitution, which includes the right to keep and bear arms, definitely applies to a case in Norfolk VA.

    Concerning the subject of whether 2A applies to the states, my opinion that it does has zero legal weight.

    I just read a great book, Stephen P. Halbrook's "That Every Man Be Armed: the Evolution of a Constitutional Right", published in 1984. He gives tons of evidence that everyone from 1775 to 1865 understood the Bill of Rights to constrain the federal, state, and local levels of government. Ohio Representative John A. Bingham drafted 14A, and he thought that the first 8 amendments were included in 14A. The theory that earlier amendments were not incorporated in the 14th didn't arise in court decisions until the Slaughter-House Cases in 1873.

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    Member Array MIKEV's Avatar
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    Quote Originally Posted by Anubis View Post
    I was pointing out that whether the US Constitution's 2A applies to the states, it is a fact that the Virginia Constitution, which includes the right to keep and bear arms, definitely applies to a case in Norfolk VA.

    Concerning the subject of whether 2A applies to the states, my opinion that it does has zero legal weight.

    I just read a great book, Stephen P. Halbrook's "That Every Man Be Armed: the Evolution of a Constitutional Right", published in 1984. He gives tons of evidence that everyone from 1775 to 1865 understood the Bill of Rights to constrain the federal, state, and local levels of government. Ohio Representative John A. Bingham drafted 14A, and he thought that the first 8 amendments were included in 14A. The theory that earlier amendments were not incorporated in the 14th didn't arise in court decisions until the Slaughter-House Cases in 1873.
    Funny you should metion Halbrook. I am currently reading The Founder's 2nd Ammendment" by the same author.

    As for the above court case, I think that had he claimed violation of rights as guarenteed by the Va Constitution rather then the US Const. His charge of rights violation would have not been thrown out. Afterall he was not suing the Feds.

    Just my opinion. IANAL
    MikeV

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