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firsttimer

(324 posts)
Fri Jan 3, 2014, 05:19 PM Jan 2014

Man who carried AR-15 on his back inside mall says charges not warranted

BEAUMONT -



A Beaumont store owner charged with disorderly conduct insists he never broke the law and was just exercising his second amendment rights.




On Dec. 28, Derek Poe stopped by GameStop in Parkdale Mall before going to the store he owns in the mall, Golden Triangle Tactical. While at GameStop, he was stopped by police officers and the AR-15 that was slung around his back was seized.





Poe says he was just exercising his right to open carry a long rifle







http://www.12newsnow.com/story/24352754/man-carrying-gun-on-his-back-in-mall-is-charged-with-a-crime

273 replies = new reply since forum marked as read
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Man who carried AR-15 on his back inside mall says charges not warranted (Original Post) firsttimer Jan 2014 OP
Probably not Duckhunter935 Jan 2014 #1
He received the attention , it was just not the attention he was expecting firsttimer Jan 2014 #3
umm. but I think it was to increase attendence... riversedge Jan 2014 #82
i'm glad he was arrested. trueblue2007 Jan 2014 #248
He was 'exercising his rights,' eh? pangaia Jan 2014 #2
I agree he is an idiot but this sort of post is about the same Packerowner740 Jan 2014 #28
+1 Owl Jan 2014 #195
A mental evaluation dang sure is. Just another ignorant bigot with his gun. Hoyt Jan 2014 #4
he may be an idiot ProdigalJunkMail Jan 2014 #26
I've noticed in my short time here that this sort of pistol is normal Packerowner740 Jan 2014 #30
"Pistol"? n/t oneshooter Jan 2014 #115
I don't even know what I originally put anymore Packerowner740 Jan 2014 #167
Look at his website and FB page. Besides, I've never encountered a gun fancier with a AR15 Hoyt Jan 2014 #44
his website is pretty much just an inventory of his sales items in his store ProdigalJunkMail Jan 2014 #85
I guess you missed the "states rights" to discriminate crud. But a lot of gun fanciers Hoyt Jan 2014 #119
This doesn't look so hot jmowreader Jan 2014 #146
In your many experiences with this pintobean Jan 2014 #113
Because they are friggin Tbagger "patriots." You gonna defend them too? Hoyt Jan 2014 #117
I guess you ask them about that, too. pintobean Jan 2014 #120
It's pretty obvious don't you think? Those yellow and confederate flags Hoyt Jan 2014 #124
thank you for succinctly explaining my position ProdigalJunkMail Jan 2014 #148
I can't say that he is a bigot. Pervert, yes. He definitely should have been busted for madinmaryland Jan 2014 #110
Gives Whole New Meaning To The Word "Codpiece". left on green only Jan 2014 #171
That poor man, vt_native Jan 2014 #5
That doesn't even work. Bwahahaha! valerief Jan 2014 #202
"But ... but ... Glenn Beck said I'd be fine." lpbk2713 Jan 2014 #6
If some kid popped a helium ballon he'd shit his pants. TheCowsCameHome Jan 2014 #7
What an idiot. Nt hack89 Jan 2014 #8
Runs a store called Golden Triangle Tactical with a lot of right wing BS on Web sites. Hoyt Jan 2014 #14
I certainly wouldn't go as far as calling him a terrorist firsttimer Jan 2014 #15
How is that not the epitome of terrorism? He wants to force a political position... VanillaRhapsody Jan 2014 #84
I'm very careful in how I use that word firsttimer Jan 2014 #112
I don't go around threatening others over my political beliefs... VanillaRhapsody Jan 2014 #190
Poster child for the FBI and NSA? firsttimer Jan 2014 #237
huh? WTF? VanillaRhapsody Jan 2014 #239
"I think the term is not being used enough" ........ your words firsttimer Jan 2014 #241
Did Occupy do it with weapons...because the ones I was talking about had actual... VanillaRhapsody Jan 2014 #242
You don't have to kill people under the Patriot act, you don't have to use guns or bombs firsttimer Jan 2014 #243
What???? VanillaRhapsody Jan 2014 #245
It's actually not a big leap if you read the act firsttimer Jan 2014 #260
Still shaking my head how you made the jump from this guy VanillaRhapsody Jan 2014 #244
You made the jump by wanting to use the Patriot Act on a misdemeanor firsttimer Jan 2014 #246
WHEN did I say that? VanillaRhapsody Jan 2014 #247
Exactly what do think that means...... firsttimer Jan 2014 #249
I want him arrested for terrorizing his fellow citizens...what part of that is not VanillaRhapsody Jan 2014 #250
I understand 100% exactly your thoughts on this. firsttimer Jan 2014 #252
hmmm I don't know about that.... VanillaRhapsody Jan 2014 #254
Yeah , but neither is the Patriot Act very well liked on DU , and it shouldn't be firsttimer Jan 2014 #256
What he is doing SHOULDN'T be a misdemeanor charge... VanillaRhapsody Jan 2014 #251
But that's what it is , if the DA wants to charge him a high crime , let him firsttimer Jan 2014 #255
He is not just playing his stereo too loud in his car disturbing the peace... VanillaRhapsody Jan 2014 #253
I'm glad he was arrested and charged , that's why I posted this thread firsttimer Jan 2014 #257
Well you have to have reason to "trample his gun totin' rights" VanillaRhapsody Jan 2014 #258
It would have to be a felony firsttimer Jan 2014 #261
Ta da! No joke.... VanillaRhapsody Jan 2014 #262
What do you think you told me something I didn't know firsttimer Jan 2014 #263
when did I bring up the Patriot Act? VanillaRhapsody Jan 2014 #265
No , That was you with your post firsttimer Jan 2014 #266
Yes terorrism...words have meaning.. VanillaRhapsody Jan 2014 #267
Oh my god! firsttimer Jan 2014 #268
Have to be proven wrong to tell.... VanillaRhapsody Jan 2014 #269
Well you have to have reason to "trample his gun totin' rights" VanillaRhapsody Jan 2014 #258
Let's see what laws he actually broke first. Nt hack89 Jan 2014 #16
How about being a fucking public nuisance. You have First Amendment rights, I have First bluestate10 Jan 2014 #21
Could be hack89 Jan 2014 #24
Public nuisance laws are independent of whether the guy had a gun or was pissing off a bluestate10 Jan 2014 #36
he has a gun store Duckhunter935 Jan 2014 #38
And is a white wing militia type. Screw him. Hoyt Jan 2014 #50
The only thing to hunt in the store was people. IdaBriggs Jan 2014 #145
Time will tell. Nt hack89 Jan 2014 #51
wonder what would have happened had the guy had a machete in the mall... VanillaRhapsody Jan 2014 #271
Well at least one DU member would have approved of it. n/t oneshooter Jan 2014 #272
I have the right to free speech. Atman Jan 2014 #60
Sounds like this is a stunt for free advertising. nt delta17 Jan 2014 #209
Could be. Gun fanciers are easily excited by lethal weapons and tactical crud. Hoyt Jan 2014 #220
He keeps that up, one day he's going be twiddling his thumbs in his store tanyev Jan 2014 #9
He should join Al Qaeda Turbineguy Jan 2014 #10
If his description of how he was carrying it is accurate, and if it's legal to carry petronius Jan 2014 #11
I'm sorry but his intension was to freak out and scare people shopping in that mall firsttimer Jan 2014 #13
He will deny it and it is impossible to prove hack89 Jan 2014 #20
H was creating a public nuisance that could have resulted in injury or death. bluestate10 Jan 2014 #25
No, the gun right is the Second Amendment, not the First. nt tblue37 Jan 2014 #35
His claim was that his First Amendment right was infringed on. That is what I was bluestate10 Jan 2014 #57
I see your point. BTW, I think that people should inform mall store or other store wners in tblue37 Jan 2014 #69
"Life, liberty and the pursuit of happiness" are in the Declaration of Independence... jmowreader Jan 2014 #143
Shhhh... Lost_Count Jan 2014 #238
Probably the same amendment that guarantees you beer and travel money jmowreader Jan 2014 #264
If he obeyed the open carry law as it is written hack89 Jan 2014 #43
He infringed on other people's rights to go about their lives without fear. nt bluestate10 Jan 2014 #58
Is that an actual crime? hack89 Jan 2014 #63
You may want to re-read the First Amendment petronius Jan 2014 #52
As I explained, the gun toter is complaining that his First Amendment rights were bluestate10 Jan 2014 #62
Yes, I understand his 1A argument (as I alluded to in my post) petronius Jan 2014 #68
I can't read minds but I was born with common sense firsttimer Jan 2014 #31
Time will tell nt hack89 Jan 2014 #49
Mind-reading is not a valid basis for charges petronius Jan 2014 #22
The creation of imminent, legitimate fear of harm is legitimate reason for charges. nt bluestate10 Jan 2014 #66
No, not really. Carrying a legal item in a safe and legal manner, without any overt petronius Jan 2014 #129
If that is his goal, he did a very poor job of it. ManiacJoe Jan 2014 #32
How do you figure that ? people called the police because they were scared firsttimer Jan 2014 #53
I am sure that was their "stated" reason. ManiacJoe Jan 2014 #61
By your reasoning, I can drive a tank through the Mall, as long as I didn't knock anything bluestate10 Jan 2014 #71
Except that driving a tank through the mall already has legal and civil restrictions ManiacJoe Jan 2014 #76
"Fear of the presence of firearms is not rational." Even after all the mass shootings? n/t nomorenomore08 Jan 2014 #185
Correct. Even after all the mass shootings. ManiacJoe Jan 2014 #186
Seems as if quite a few shoppers were afraid for their lives, in this case. nomorenomore08 Jan 2014 #187
That part is simple. ManiacJoe Jan 2014 #188
Okay, point taken. But I don't blame people, especially nowadays, for seeing a big ol' gun nomorenomore08 Jan 2014 #189
Yeah, it might take him three of four seconds to swing it around into firing position. hatrack Jan 2014 #198
legal or not he should be in jail. In a sane country this shit would not be tolerated. bowens43 Jan 2014 #48
I am strongly opposed to the notion of jailing people for 'shit I dislike' petronius Jan 2014 #55
"legal or not he should be in jail." Do you even read this shit before you post it? cherokeeprogressive Jan 2014 #144
He wasn't carrying it safely in public. It was loaded and only attached by two carbiner clips. haele Jan 2014 #226
"Normal" peple don't carry AR-15's in crowded shopping malls. Historic NY Jan 2014 #12
Well Duckhunter935 Jan 2014 #19
Apparently not because look what happened firsttimer Jan 2014 #23
never said he is smart Duckhunter935 Jan 2014 #42
it is absolutely being carried in a threatening manner. idiot needs to be in jail. bowens43 Jan 2014 #46
I am opposed to this sort of open carry. Jenoch Jan 2014 #77
It was in a threatening manner - it was at ready for use, not set up for simple transport. haele Jan 2014 #229
A gun strapped to a person's back and upside down Jenoch Jan 2014 #231
Used to calling a magazine a clip. Carried a pistol and an M-16 back in the day on Shore Patrol. haele Jan 2014 #232
I do not thenk anyone is justifying Duckhunter935 Jan 2014 #234
I agree with much of what you have to say, Jenoch Jan 2014 #235
Correct on the orange tip, just do not do that Duckhunter935 Jan 2014 #233
and since he owns a gun shop, it's reasonable to deduce that he has ready access to a case.. frylock Jan 2014 #126
Like I said, not smart Duckhunter935 Jan 2014 #137
He violated the malls rules..... Historic NY Jan 2014 #142
Can you point me to the text in your link where the rules of the mall were discussed? Thanks! n/t cherokeeprogressive Jan 2014 #147
here mixed up links.. Historic NY Jan 2014 #158
Awesome. Thanks for that. Where is that posted? Clearly, and at the entrance? cherokeeprogressive Jan 2014 #164
Posting wouldn't matter... sarisataka Jan 2014 #170
Point taken, but I would respectfully argue that mall rules are not the same as laws as they pertain cherokeeprogressive Jan 2014 #172
Agreed sarisataka Jan 2014 #174
Everyone else in that Mall had a right not to have to deal with that jerk walking around with bluestate10 Jan 2014 #17
Exactly , Imagine the people who saw him approaching the entrance door firsttimer Jan 2014 #18
Imagine if one of them felt threatened JoePhilly Jan 2014 #33
I like to imagine everyone pointing at him and laughing arcane1 Jan 2014 #40
Tween girls at the mall can be dangerous! JoePhilly Jan 2014 #47
Even better! arcane1 Jan 2014 #64
I would imagine this sort of thing would freak everyone out. Packerowner740 Jan 2014 #27
What an asshole Politicalboi Jan 2014 #29
I was thinking something along those lines. lpbk2713 Jan 2014 #37
Another brilliant gun wacko... 99Forever Jan 2014 #34
I hope someone called the cops on him and told them they feared for their lives. Vashta Nerada Jan 2014 #39
Thank you for pointing that out firsttimer Jan 2014 #59
the asshole needs to be locked up for a VERY long time bowens43 Jan 2014 #41
Aren't malls LiberalElite Jan 2014 #45
Yes they are private property. ManiacJoe Jan 2014 #56
He probably wouldn't have made it through the mall in Florida XRubicon Jan 2014 #54
Meaning that he would have be sidetracked ManiacJoe Jan 2014 #65
Down here all you have to say is you feel threatened XRubicon Jan 2014 #67
That is a common misperception. ManiacJoe Jan 2014 #70
I have lived in Florida for 23 years XRubicon Jan 2014 #74
And? ManiacJoe Jan 2014 #80
Where do you live? XRubicon Jan 2014 #86
I live in Seattle, WA. ManiacJoe Jan 2014 #88
Why are you afraid? XRubicon Jan 2014 #98
What makes you think I am afraid? ManiacJoe Jan 2014 #105
That's right your not afraid when you carry... XRubicon Jan 2014 #109
Correct. I am also not afraid when I don't carry. The gun is just one of many self defense tools. ManiacJoe Jan 2014 #114
I didn't realize Seattle was a combat zone XRubicon Jan 2014 #116
I did not realize that either. Thanks for pointing it out. ManiacJoe Jan 2014 #122
You can take the Spock part as a compliment to your calm demeanor XRubicon Jan 2014 #128
I have seen those stats. ManiacJoe Jan 2014 #133
So did Zimmerman. Hoyt Jan 2014 #125
My crystal ball is in the shop. ManiacJoe Jan 2014 #127
Here's what was on my news tonight when I got home XRubicon Jan 2014 #79
The defendant seems to be able to articulate "reasonable fear". ManiacJoe Jan 2014 #87
If this was rare I may be less concerned XRubicon Jan 2014 #92
It is rare. ManiacJoe Jan 2014 #97
Move to South Florida, and bring your gun XRubicon Jan 2014 #99
Open carry in public is illegal in Florida with only a few exceptions. ... spin Jan 2014 #93
I am surely impressed with your understanding of the laws and statistics XRubicon Jan 2014 #96
Which is why we need reasonable gun control laws. ... spin Jan 2014 #134
I wish I had a time machine to help you get back to the 19th century XRubicon Jan 2014 #141
Where did I say that I felt everybody should be armed? ... spin Jan 2014 #157
Man, if I razzed you about quantum physics would you google it to find crap in your favor? XRubicon Jan 2014 #160
It's a commonly held myth that the Wild West was extremely violent. ... spin Jan 2014 #175
I know what I see around me XRubicon Jan 2014 #191
Strange. I live in Florida and yet have not heard of any major incidents ... spin Jan 2014 #192
I see you are working today... XRubicon Jan 2014 #193
I don't "work" anymore. I'm retired. That gives me plenty of time to do research ... spin Jan 2014 #200
Did you see my edit? XRubicon Jan 2014 #201
No, I missed that. ... spin Jan 2014 #206
I don't need research and citations to say what I feel on a message board XRubicon Jan 2014 #207
Invincible ignorance hack89 Jan 2014 #210
Thank you XRubicon Jan 2014 #212
one more thing XRubicon Jan 2014 #213
Cartoons are exciting - the real world has boring facts and complexities. Nt hack89 Jan 2014 #214
ok hack XRubicon Jan 2014 #215
Nice talking to you. Nt hack89 Jan 2014 #216
Hey, no pasted stats about how dingos in austrailia die of car accidents and not guns! XRubicon Jan 2014 #218
You seem a little ...... unsettled hack89 Jan 2014 #222
I know that gun control advocates use emotional arguments to support their cause ... spin Jan 2014 #211
Lies, damn lies, and statistics XRubicon Jan 2014 #219
Ah, an emotional argument. (n/t) spin Jan 2014 #223
Ah... XRubicon Jan 2014 #224
Yup. I'll be here ready to Google facts and statistics looking for someone who can make me ... spin Jan 2014 #225
Publicity stunt for his store. gulliver Jan 2014 #72
Open carry douchebag fail jpak Jan 2014 #73
Message auto-removed Name removed Jan 2014 #75
But a privately owned mall has a right to ban them, and the police pnwmom Jan 2014 #78
Does that mall have signs up banning guns inside their mall? Jenoch Jan 2014 #83
Message auto-removed Name removed Jan 2014 #90
True. Management can always ask you to leave for any or no reason. ManiacJoe Jan 2014 #91
IMO, he is taking a risk. A person with a legal concealed weapon could easily see this as a AlinPA Jan 2014 #81
That would get the CCW holder arrested for an illegal shooting. ManiacJoe Jan 2014 #94
I didn't say that it "meets the bar". I'm talking about a reaction that could take place. AlinPA Jan 2014 #100
Of course, it "could" happen. ManiacJoe Jan 2014 #108
Message auto-removed Name removed Jan 2014 #103
All of these gun-nuts who want to walk around with weapons (I know it make them feel super) demosincebirth Jan 2014 #89
Good thing it wasn't a toy gun that looked like a real one. NBachers Jan 2014 #95
No doubt etherealtruth Jan 2014 #101
I notice the dot on your map. I lived in Kalamazoo and environs for a few years. NBachers Jan 2014 #104
Heck if I know etherealtruth Jan 2014 #106
Well, we've got to find out who made up these generic state avatars and get to the bottom of this. NBachers Jan 2014 #123
Liklely right wing infiltration! n/t etherealtruth Jan 2014 #135
It appears to me to be the state capital. Lansing. Kaleva Jan 2014 #118
correct Duckhunter935 Jan 2014 #132
Duh ... yeah, that's right where it is etherealtruth Jan 2014 #136
Yup- and the New York avatar is right at Albany NBachers Jan 2014 #138
Clearly, I am not on to anything etherealtruth Jan 2014 #139
Lansing Michigan, state capital city. NYC_SKP Jan 2014 #165
Thank you, Derek. TheCowsCameHome Jan 2014 #102
This mall is 20 miles from my house. SCUBANOW Jan 2014 #107
Okay firsttimer Jan 2014 #121
He and I went to the academy together. SCUBANOW Jan 2014 #161
I'm sure you did firsttimer Jan 2014 #177
Join the military, dumbass. nt madinmaryland Jan 2014 #111
How do you know he isn't a Veteran? cherokeeprogressive Jan 2014 #149
I didn't think that a Veteran needed to prove that he was a tough guy madinmaryland Jan 2014 #150
Shall I ask the question again, or will we agree you don't know one way or the other? cherokeeprogressive Jan 2014 #151
Can I assume from your questions that you actually support this person's right to madinmaryland Jan 2014 #152
defllect much, just answer the question Duckhunter935 Jan 2014 #153
I don't recall you asking me a question or even ever talking to you, so I have no madinmaryland Jan 2014 #155
was not my question Duckhunter935 Jan 2014 #159
As long as I can assume you don't know the definition of indecent exposure... sure. cherokeeprogressive Jan 2014 #154
I've said it before and I will say it again... madinmaryland Jan 2014 #156
Women partake in Open Carry gun event Duckhunter935 Jan 2014 #162
Um... I don't know what your "is the same as" has to do with the definition of indecent exposure. cherokeeprogressive Jan 2014 #169
I guess you don't get it. Oh well. madinmaryland Jan 2014 #173
What I GET is that there is this emotional thing that leads you to equate cherokeeprogressive Jan 2014 #176
Thank you. That's all I needed to see as you have proven everything I was told. nt madinmaryland Jan 2014 #178
Is there a reason you don't give us "everything" you were told? cherokeeprogressive Jan 2014 #180
Wow. Mighty defensive there, my friend. Everything ok? madinmaryland Jan 2014 #181
I have bodies I need to hide... I'm sorry if I get defensive. I get that way sometimes. cherokeeprogressive Jan 2014 #182
I'm not sure if Shirley understands you... madinmaryland Jan 2014 #183
Manana. cherokeeprogressive Jan 2014 #184
+1 Owl Jan 2014 #196
Neither do you so his request is fine. Get it? n-t Logical Jan 2014 #163
No, but feel free to explain it to me in terms a dufus like me can understand. cherokeeprogressive Jan 2014 #166
Oh for Christ's sake bonzaga Jan 2014 #130
Looks like a mall ninja type. ileus Jan 2014 #131
He owns a "tactical" gun store. Kind that appeals to gun culture. And His websites promote Hoyt Jan 2014 #197
Makes him unfit to have ANY guns. Nutcase on display on point Jan 2014 #140
what a fucking coward Skittles Jan 2014 #168
Maybe not charges. May civil commitment. nt Deep13 Jan 2014 #179
How would anyone know that this guy isn't going to whip that gun around and start blasting away? Sheldon Cooper Jan 2014 #194
Gun humpers want billh58 Jan 2014 #199
CCW holders are Duckhunter935 Jan 2014 #204
CCW holders know the law Duckhunter935 Jan 2014 #203
If I saw that asshole walking through the mall, I would be out the door and on the phone to 911 Sheldon Cooper Jan 2014 #205
You cannot be serious. Kingofalldems Jan 2014 #217
Yes I am Duckhunter935 Jan 2014 #227
They study the law closely so as not to miss opportunity to shoot someone just like Zman. Hoyt Jan 2014 #221
I love your answers Duckhunter935 Jan 2014 #230
Why don't you spend your time learning how to live without a friggin gun, Hoyt Jan 2014 #236
I dont carry Duckhunter935 Jan 2014 #240
#lookadouche dionysus Jan 2014 #208
Obviously, that's why he's a Gun-Nut . orpupilofnature57 Jan 2014 #228
And now thousands of people have heard of Golden Triangle Tactical Recursion Jan 2014 #270
http://en.wikipedia.org/wiki/Golden_Triangle_%28Texas%29 oneshooter Jan 2014 #273
 

Duckhunter935

(16,974 posts)
1. Probably not
Fri Jan 3, 2014, 05:27 PM
Jan 2014

But this just makes gun owners look bad and I am glad a majority of us agree that you are an idiot to do this showboating. Just because you can do does not make it right to do. These are the idiots that are just seeking attention.

riversedge

(80,066 posts)
82. umm. but I think it was to increase attendence...
Fri Jan 3, 2014, 06:55 PM
Jan 2014


....An Open Carry Freedom Walk is scheduled for Jan. 18 in the Gander Mountain parking lot. The event was planned before Poe was stopped in the mall with his firearm.

The walk will be from 11 a.m. to 2 p.m.

pangaia

(24,324 posts)
2. He was 'exercising his rights,' eh?
Fri Jan 3, 2014, 05:28 PM
Jan 2014

No, he was making up for a short dick. If the police told him to drop his drawers, there would have been the proof.

 

Hoyt

(54,770 posts)
44. Look at his website and FB page. Besides, I've never encountered a gun fancier with a AR15
Fri Jan 3, 2014, 06:22 PM
Jan 2014

in a public place that wasn't a bigot/racist.

ProdigalJunkMail

(12,017 posts)
85. his website is pretty much just an inventory of his sales items in his store
Fri Jan 3, 2014, 06:57 PM
Jan 2014

i didn't see anything bigoted... and his FB page is pretty much about his store... unless I am looking at the wrong page.

as far as your labeling him a bigot/racist, unless you're seeing something i don't, you have nothing more than an assumption.

sP

 

Hoyt

(54,770 posts)
119. I guess you missed the "states rights" to discriminate crud. But a lot of gun fanciers
Fri Jan 3, 2014, 07:38 PM
Jan 2014

are into that stuff and think it's just fine, so maybe it's acceptable as is naming one's store as if we live in a war zone.

jmowreader

(53,006 posts)
146. This doesn't look so hot
Fri Jan 3, 2014, 09:13 PM
Jan 2014

"For those of you that cling to your God and Guns swing by our store check out by some tactical gear and sign the petitions we have going for the Texas Nationalist movement to reassert Texas status and Chip Darby the host of the Final Chapters petition to get his name placed on the ballot for Governor of Texas. Its time to stand up for Texas and stand against D.C.!"

Besides, if I want tactical gear this is where I go...

http://www.uscav.com/Home.aspx

Shop where the pros shop, not where teabagger wannabes shop.

 

pintobean

(18,101 posts)
120. I guess you ask them about that, too.
Fri Jan 3, 2014, 07:43 PM
Jan 2014

I haven't defended anyone. These people are douchebags. That doesn't automatically make them racists and bigots. When you throw those accusations around like confetti, you diminish the meaning of the words.

 

Hoyt

(54,770 posts)
124. It's pretty obvious don't you think? Those yellow and confederate flags
Fri Jan 3, 2014, 07:49 PM
Jan 2014

should tip you off, as should lack of diversity. Are you guys really that dense? The majority of folks arming up nowadays believe minorities ate gonna take away their rights, not unlike South Africa a few decades ago.

madinmaryland

(65,690 posts)
110. I can't say that he is a bigot. Pervert, yes. He definitely should have been busted for
Fri Jan 3, 2014, 07:23 PM
Jan 2014

indecent exposure. Walking around with your penis hanging out....

 

Hoyt

(54,770 posts)
14. Runs a store called Golden Triangle Tactical with a lot of right wing BS on Web sites.
Fri Jan 3, 2014, 05:51 PM
Jan 2014

I'd say he's a threat, maybe even a terrorist.

 

firsttimer

(324 posts)
15. I certainly wouldn't go as far as calling him a terrorist
Fri Jan 3, 2014, 05:54 PM
Jan 2014

but he intentionally wanted to scare people inside that mall.
I don't know what the legal charge should be , but he should be charged with something.

 

VanillaRhapsody

(21,115 posts)
84. How is that not the epitome of terrorism? He wants to force a political position...
Fri Jan 3, 2014, 06:57 PM
Jan 2014

while armed and being an overall threatening douche! Isn't he trying to use fear to forward his political agenda? Isn't that the very definition of terrorism?

 

firsttimer

(324 posts)
112. I'm very careful in how I use that word
Fri Jan 3, 2014, 07:25 PM
Jan 2014

Every American should be.
If he could be charged under the Patriot act then who's next?

that's all I'm saying ... for whom the bell tolls, it tolls for thee


 

VanillaRhapsody

(21,115 posts)
190. I don't go around threatening others over my political beliefs...
Sat Jan 4, 2014, 12:57 PM
Jan 2014

why would I worry about how the very definition is used to describe one? Frankly, I think the term is not being used enough...

Was Eric Rudolf a terrorist? They certainly DID NOT use the term to label him and they should have...Should not Dr Tiller's murderer been charged with it? Hell he is STILL doing it from prison...


or are you saying that the term should only be applied to those of the "swarthy" persuasion?

 

firsttimer

(324 posts)
241. "I think the term is not being used enough" ........ your words
Sun Jan 5, 2014, 01:14 AM
Jan 2014

How about we label the occupy movement a terrorist organization
since some of them were arrested for tying to enact political change.
Because that's exactly what it was ..... Example shipping jobs over seas due to laws enacted by Congress in favor of corporations.


How about the pipe line activists that were arrested by protesting and blocking .

Wait what about anti war activists , some of them got arrested .

That's why you should be careful on who the government calls a terrorist under the Patriot Act.

No one knows what the next administration will look like or the next after that.

.........

 

VanillaRhapsody

(21,115 posts)
242. Did Occupy do it with weapons...because the ones I was talking about had actual...
Sun Jan 5, 2014, 01:16 AM
Jan 2014

bombs and guns and things...


I don't remember Occupy being an armed revolution...


You have gone off so far in that direction....you left out the most obvious point of the entire discussion...

Eric Rudolph and Dr Tiller's Killer...actually killed people...when was Occupy accused of killing people?

 

firsttimer

(324 posts)
243. You don't have to kill people under the Patriot act, you don't have to use guns or bombs
Sun Jan 5, 2014, 01:23 AM
Jan 2014

Attorney General Ashcroft defends the provisions of the Patriot Act as vital to protecting against terrorist groups that "use America's freedom as a weapon against us." In his testimony to the Senate Judiciary Committee on Dec. 6, Ashcroft refers to the seized al Qaeda training manual in which terrorists are taught to "exploit our judicial process for the success of their operations."


I really don't think you realize how much power this act gave the government over us.

read the act , it's scary

 

VanillaRhapsody

(21,115 posts)
245. What????
Sun Jan 5, 2014, 01:29 AM
Jan 2014

Wow.....that's how you interpret that?


and now you are making a comparison between Al Queda and Occupy Wallstreet?


SMDH over this one.....You don't think that's an awfully big leap you are making here? Its quite the chasm...

 

firsttimer

(324 posts)
260. It's actually not a big leap if you read the act
Sun Jan 5, 2014, 02:37 AM
Jan 2014

You seem to be under the assumption that what he said only refers to Al Queda

That was an example he used in his testimony . This act can be used in many different ways
if they wanted to ... legally I might add because of Bush and our congress who voted for it
without even understanding or reading what they voted for and made law.

The very word it self ....Patriot ACT wasn't a mistake by the past administration . It was carefully thought out
before they came up with that name.

Who's going to vote against that after 9/11

So no.....it's not a big leap depending on who sits in oval office , in Justice Dept , in the NSA and the FBI

 

VanillaRhapsody

(21,115 posts)
244. Still shaking my head how you made the jump from this guy
Sun Jan 5, 2014, 01:26 AM
Jan 2014

walking around threateningly with his assualt weapon strapped to his back....and Occupy Wallstreet.

Once's a peaceful protest....that you cannot see the stark contrast before you put that thought down on the page in actual text without seeing the irony in it is just astonishing, really.

 

VanillaRhapsody

(21,115 posts)
247. WHEN did I say that?
Sun Jan 5, 2014, 01:32 AM
Jan 2014

I said a guy walking around with an assault weapon strapped to his back in a crowded mall should be arrested for terrorist activity. He probably would get let off on that charge....but just being charged would be good punishment for doing this...

Now what the hell you are talking about I do not know....

Eric Rudolph and Dr Tiller's Killer should definitely have been tried as terrorists....that is what they did...How you can say otherwise is beyond me...

 

firsttimer

(324 posts)
249. Exactly what do think that means......
Sun Jan 5, 2014, 01:41 AM
Jan 2014

"should be arrested for terrorist activity"

How do think that's done ?

You want him labeled as a terrorist by our Government , that falls under the Patriot Act.

You are calling for the Patriot Act to be used for a misdemeanor charge.

That's how you feel you said.

If you read my posts I also said he should be charged for disturbing the peace

 

VanillaRhapsody

(21,115 posts)
250. I want him arrested for terrorizing his fellow citizens...what part of that is not
Sun Jan 5, 2014, 01:44 AM
Jan 2014

understandable? That's what he is doing....he wants to start a panic. Let him have his day in court over it. I didn't say send him to Guantanamo

You don't think Eric Rudolph or Dr Tiller were terrorists?


 

firsttimer

(324 posts)
252. I understand 100% exactly your thoughts on this.
Sun Jan 5, 2014, 01:54 AM
Jan 2014

I'm just glad you don't get to make those decisions

Because your thought process is disturbing to me and I'm going to guess to many here.

 

VanillaRhapsody

(21,115 posts)
254. hmmm I don't know about that....
Sun Jan 5, 2014, 02:00 AM
Jan 2014

guns are not universally liked on D.U. you know that about us right? I recognize you haven't been here too long.

 

VanillaRhapsody

(21,115 posts)
251. What he is doing SHOULDN'T be a misdemeanor charge...
Sun Jan 5, 2014, 01:50 AM
Jan 2014

what if 20 or 30 guys start showing up at the mall doing the same thing? You don't think as a deterent for that that maybe this guy should be made an example of...just for being this damn stupid.

 

firsttimer

(324 posts)
255. But that's what it is , if the DA wants to charge him a high crime , let him
Sun Jan 5, 2014, 02:06 AM
Jan 2014

But right now that's what the charge is. You could make a case maybe threatening?

1000's of people are charged with that every day with out calling for the Patriot Act to be used.

When we as citizens start throwing this word around of labeling someone a terrorist
for a stupid stunt like this jesus what's next ... come on

He's a dumb ass but you know he isn't a terrorist .

 

VanillaRhapsody

(21,115 posts)
253. He is not just playing his stereo too loud in his car disturbing the peace...
Sun Jan 5, 2014, 01:58 AM
Jan 2014

He wants to play Mad Maxx from Thunderdome....we have had far too many mass killing with these kinds of weapons...waving them in peoples faces the way his is doing is a dangerous game. He wants people to fear for their safety....and what he wants is to be the center of attention. Well I say...give him some of the "attention" he so desperately wants.

 

firsttimer

(324 posts)
257. I'm glad he was arrested and charged , that's why I posted this thread
Sun Jan 5, 2014, 02:17 AM
Jan 2014

I'm not sure if you have read all my posts but I have not defended his actions anywhere.

I would like to see him lose his gun carry license in Texas.

Hell do it to any dumb ass that pulls a stunt like that any where in the country.
fine by me..

 

VanillaRhapsody

(21,115 posts)
258. Well you have to have reason to "trample his gun totin' rights"
Sun Jan 5, 2014, 02:22 AM
Jan 2014

I don't think a misdemeanor disturbing the peace is going to do that.

 

firsttimer

(324 posts)
263. What do you think you told me something I didn't know
Sun Jan 5, 2014, 03:14 AM
Jan 2014

That has nothing to do with labeling him a terrorist under the Patriot act .

People are convicted of felonies everyday.

Ta Da ! without calling for the Patriot Act

 

firsttimer

(324 posts)
266. No , That was you with your post
Sun Jan 5, 2014, 08:35 PM
Jan 2014

This is your post and your words below. Now if you don't understand what you posted
then it's different . Perhaps you don't understand what's involved when the U.S Justice Dept
chooses to label a person or persons or an organization as terrorism now.

It is done under the Patriot Act. Do you understand this now. By your own posts you call for the Patriot Act to be used
whether you printed the name out in your posts or not.




"Frankly, I think the term is not being used enough... "


"How is that not the epitome of terrorism? He wants to force a political position


while armed and being an overall threatening douche! Isn't he trying to use fear to forward his political agenda? Isn't that the very definition of terrorism"

 

VanillaRhapsody

(21,115 posts)
267. Yes terorrism...words have meaning..
Sun Jan 5, 2014, 09:16 PM
Jan 2014

He's the very definition....what do you think the word terrorism means?


ter·ror·ism noun \ˈter-ər-ˌi-zəm\
: the use of violent acts to frighten the people in an area as a way of trying to achieve a political goal

Full Definition of TERRORISM

: the systematic use of terror especially as a means of coercion



Now what on earth makes YOU think Occupy Wallstreet and the Native Americans protesting the Keystone Pipeline...are using violence?

and the main question you refuse to answer...

Do you think Eric Rudolph and Dr Tiller's killer are terrorists or not...based on the very definition?
 

firsttimer

(324 posts)
268. Oh my god!
Sun Jan 5, 2014, 09:28 PM
Jan 2014

Are you the type when proven wrong in a forum always has to have the last post in the thread?

If that's you that's fine ..LOL , have a nice night

 

VanillaRhapsody

(21,115 posts)
269. Have to be proven wrong to tell....
Sun Jan 5, 2014, 09:32 PM
Jan 2014

let me know when you've done that...

I suggest you try reading a dictionary now and then....very enlightening on this English language.

 

VanillaRhapsody

(21,115 posts)
258. Well you have to have reason to "trample his gun totin' rights"
Sun Jan 5, 2014, 02:22 AM
Jan 2014

I don't think a misdemeanor disturbing the peace is going to do that.

bluestate10

(10,942 posts)
21. How about being a fucking public nuisance. You have First Amendment rights, I have First
Fri Jan 3, 2014, 06:02 PM
Jan 2014

Amendment rights. If I, in exercising MY rights caused you to have legitimate fear for your rights, then I would be a public nuisance. The guy may have the right to go anywhere he wants to with a lethal weapon displayed openly, but everyone else in that Mall has the right to "The pursuit of happiness". If the fucking jackass infringed on other peoples right to go to a Mall, shop and feel safe, then he became a public nuisance.

hack89

(39,181 posts)
24. Could be
Fri Jan 3, 2014, 06:05 PM
Jan 2014

I suspect there will be no charges if in fact open carry is legal. How can it be a crime if you follow the letter of the law exactly?

bluestate10

(10,942 posts)
36. Public nuisance laws are independent of whether the guy had a gun or was pissing off a
Fri Jan 3, 2014, 06:17 PM
Jan 2014

balcony. He was acting in a way that created fear in the minds of other people. I don't give a shit if it was only one people that was fearful, that person had a legitimate right to fear for his or her life not knowing anything else about the situation. My guess is that many people that saw the jackass were fearful, even gun owners. Seeing a person walking around in a Mall who isn't a Cop or Security Guard is not a normal event and rightly induces fear in people. Inducement of fear when a person had a choice not to induce fear is public nuisance.

 

IdaBriggs

(10,559 posts)
145. The only thing to hunt in the store was people.
Fri Jan 3, 2014, 09:12 PM
Jan 2014

With mass shooting situations commonplace, sensible people need to be cautious of inappropriate reckless behavior, including "open carry" of assault rifles (or whatever the gun experts want to call weapons that can kill multiple people without reloading).

Atman

(31,464 posts)
60. I have the right to free speech.
Fri Jan 3, 2014, 06:33 PM
Jan 2014

But if I stood on a soap box in the mall and screamed at the top of my lungs about taking out people, or bringing down the gub'mit, how long would I last before I was arrested? Two minutes? This asshole is no different. The second amendment affords no right to terrorize people just because you can legally own a gun, just as the first amendment doesn't allow me to stand on a soap box and scream obscenities and threats in a public place.

 

Hoyt

(54,770 posts)
220. Could be. Gun fanciers are easily excited by lethal weapons and tactical crud.
Sat Jan 4, 2014, 09:12 PM
Jan 2014

Last edited Sat Jan 4, 2014, 11:44 PM - Edit history (1)

Bet his store was filled with right wing "patriots" and bigots this weekend.

tanyev

(48,886 posts)
9. He keeps that up, one day he's going be twiddling his thumbs in his store
Fri Jan 3, 2014, 05:38 PM
Jan 2014

wondering why hardly anybody shops at the Parkdale Mall anymore.

petronius

(26,695 posts)
11. If his description of how he was carrying it is accurate, and if it's legal to carry
Fri Jan 3, 2014, 05:41 PM
Jan 2014

a rifle in that manner and place, then I'd agree that he should not be charged and that the police erred. Hopefully the outcome will be fair, and he'll be compensated for any costs incurred due to inappropriate charges.

However, I'd also agree that it's silly to pull stunts like this - nothing positive is gained by freaking out a bunch of mall-goers, no matter how much of a legal right one has to do so (unless he needs some publicity for his store, I guess). It's no burden to carry a rifle in a case, nor to drop it off at the shop before hitting the arcade or the Orange Julius stand.....

 

firsttimer

(324 posts)
13. I'm sorry but his intension was to freak out and scare people shopping in that mall
Fri Jan 3, 2014, 05:50 PM
Jan 2014

He should be charged with disturbing the peace because that was exactly his intention
by a stunt like this.

hack89

(39,181 posts)
20. He will deny it and it is impossible to prove
Fri Jan 3, 2014, 06:02 PM
Jan 2014

You have no idea what his actual motivation was unless you can read minds.

He was an idiot, not a criminal.

bluestate10

(10,942 posts)
25. H was creating a public nuisance that could have resulted in injury or death.
Fri Jan 3, 2014, 06:07 PM
Jan 2014

His First Amendment rights to carry gun anywhere he wants doesn't trump the other people's right in that Mall to live in the "Pursuit of Happiness" by enjoying shopping, people watching and Mall food. So, do you claim that the jackass has a higher First Amendment right than other people in the Mall? Both rights are specifically called out in the First Amendment.

bluestate10

(10,942 posts)
57. His claim was that his First Amendment right was infringed on. That is what I was
Fri Jan 3, 2014, 06:30 PM
Jan 2014

addressing. He has a right to carry a gun anywhere he wants to, but if his right to do that induced reasonable fear for their lives in other people in that Mall, then he was creating a public nuisance. I have a natural right to keep my bladder empty or not have it causing pain for me by being full. That right of having a comfortable bladder is also covered by my First Amendment right to "Pursue Happiness". But, if I knew there was a bathroom nearby, but I choose to empty by bladder on a street, or in a Mall, then I created a public nuisance by inappropriately exercising by First Amendment right to have a comfortable bladder. You can pan my example, but it illustrates the very same choice that the gun totter made - he chose to step on other people's First Amendment rights to go about freely without fear of injury or death, while exercising his right to tote a weapon around.

tblue37

(68,350 posts)
69. I see your point. BTW, I think that people should inform mall store or other store wners in
Fri Jan 3, 2014, 06:43 PM
Jan 2014

that if they see someone open carrying like that, they will never shop in that mall or store again, and then they should follow through. Once businessess start losing sales, the love bonds between the Chamber of Congress right-wingers and the open carry right-wingers will be significantly weakened, sort of the way the Teabagger and establishment right-winger bonds were damaged by the shutdown and the debt hostage situation.

Scaring away paying customers just to make a point is bad for business.

 

Lost_Count

(555 posts)
238. Shhhh...
Sat Jan 4, 2014, 11:37 PM
Jan 2014

You are violating my right to be happy...

I'm sure it's in an amendment somewhere that I am owed happiness....

4-6 weeks shipping and handling not included

hack89

(39,181 posts)
43. If he obeyed the open carry law as it is written
Fri Jan 3, 2014, 06:22 PM
Jan 2014

Then how can his conduct be illegal? Perhaps the issue is a poorly written law.

btw - I do not support open carry. I think it is needlessly provocative.

hack89

(39,181 posts)
63. Is that an actual crime?
Fri Jan 3, 2014, 06:36 PM
Jan 2014

Can you cite an actual statute? Are you saying that anyone that scares me is committing a crime?

petronius

(26,695 posts)
52. You may want to re-read the First Amendment
Fri Jan 3, 2014, 06:24 PM
Jan 2014


While the Second Amendment is the main protection for the right to keep and bear arms, it's reasonable that 1A may protect carrying a firearm in public as an act of 'speech.' However, neither happiness nor the pursuit thereof is referred to in 1A...

bluestate10

(10,942 posts)
62. As I explained, the gun toter is complaining that his First Amendment rights were
Fri Jan 3, 2014, 06:36 PM
Jan 2014

violated. That argument is what he is using to get the charges thrown out. I stick with my argument, his First Amendment rights don't trump the rights of other people at that Mall to "Life, Liberty and the Pursuit of Happiness". I claim that shopping, people watching and eating Mall food is "Pursuit of Happiness". A guy walking around with a powerful weapon with clips in, without anyone else knowing what was in the clips OR his intent is creating a public nuisance that caused other people in that Mall to fear for their First Amendment rights.

petronius

(26,695 posts)
68. Yes, I understand his 1A argument (as I alluded to in my post)
Fri Jan 3, 2014, 06:42 PM
Jan 2014

However, the 'pursuit of happiness' bit is in the Declaration of Independence, not the Constitution, which is why I reiterate my suggestion that you may want to re-read 1A (and the whole BoR, actually).

I am extremely uncomfortable with the flexible use of language and law throughout this thread ("terrorizing", "public nuisance", "disturbing the peace&quot . It's one thing to detest a particular action, it's quite another thing to call for the force of law to come down on that detested (but safe and legal) action...

 

firsttimer

(324 posts)
31. I can't read minds but I was born with common sense
Fri Jan 3, 2014, 06:12 PM
Jan 2014

What does common sense tell you on why he choose to pull a stunt like this?

Apparently he's not a stupid guy he owns fairly large shop in a mall .

I like to use common sense when looking at situations to determine why an other wise
normal person would pull a stunt like this.

A judge and a DA is also allowed to use common sense in a courtroom.


petronius

(26,695 posts)
22. Mind-reading is not a valid basis for charges
Fri Jan 3, 2014, 06:02 PM
Jan 2014

It's not rocket surgery to guess that people would be made uncomfortable - hence my opinion that it wasn't a good idea - but if he was carrying in a legal manner than charges are inappropriate, whether or not he was seeking attention.

In cases like this, I'm typically much more this concerned about the actions of the police (i.e., the state). Humans will always be doing something stupid somewhere, but I expect the police to refrain from arresting/charging people based on their opinions, or the freak-outs of witnesses, or the way they think things 'ought to be'...


petronius

(26,695 posts)
129. No, not really. Carrying a legal item in a safe and legal manner, without any overt
Fri Jan 3, 2014, 08:01 PM
Jan 2014

threatening behavior or gestures, should not rise anywhere close to the threshold for charges (in my not-a-lawyer opinion), no matter how observers happen to react.

I imagine it's just anger and distaste talking, but it always surprises me how willing people are to bring down the law-hammer on things they don't like, or find scary...

ManiacJoe

(10,138 posts)
32. If that is his goal, he did a very poor job of it.
Fri Jan 3, 2014, 06:13 PM
Jan 2014
firsttimer: I'm sorry but his intension was to freak out and scare people shopping in that mall

He should be charged with disturbing the peace because that was exactly his intention
by a stunt like this.


If your goal is to "freak out and scare people" then slung over your shoulder is not a carry method you will use for a rifle.

ManiacJoe

(10,138 posts)
61. I am sure that was their "stated" reason.
Fri Jan 3, 2014, 06:35 PM
Jan 2014

Fear of the presence of firearms is not rational. The law does its best to deal with only rational fears, while not being 100% successful.

If his goal was to scare people, he would have been brandishing the weapon by having it in his hands. This is an actual crime.

Having the gun slung over his back (as pictured) is just a convenient method of carrying it while leaving your hands free. This convenience of carry comes at a cost of making it slow to deploy.

bluestate10

(10,942 posts)
71. By your reasoning, I can drive a tank through the Mall, as long as I didn't knock anything
Fri Jan 3, 2014, 06:45 PM
Jan 2014

or anyone over, as long as I had the turrets pointing at the sky. And no one else in the Mall should have any concerns, and if they did, I shouldn't be arrested. Sounds a bit upside down to me. The imposition of a reasonable fear of imminent harm in people is creating a public nuisance, that is a crime in all states.

ManiacJoe

(10,138 posts)
76. Except that driving a tank through the mall already has legal and civil restrictions
Fri Jan 3, 2014, 06:50 PM
Jan 2014

in most places.

The imposition of a reasonable fear of imminent harm in people is creating a public nuisance, that is a crime in all states.


Correct. Unfortunately for some people, the mere presence of a firearm does not meet the definition of "reasonable fear of imminent harm".

ManiacJoe

(10,138 posts)
186. Correct. Even after all the mass shootings.
Sat Jan 4, 2014, 03:08 AM
Jan 2014

The rational fear comes from the user attempting to use the weapon or threatening to use the weapon or handling the weapon in an unsafe manner. A rifle slung over the back does not meet any of those descriptions by any stretch of the imagination.

nomorenomore08

(13,324 posts)
187. Seems as if quite a few shoppers were afraid for their lives, in this case.
Sat Jan 4, 2014, 03:17 AM
Jan 2014

And I can't say I'd feel differently if I saw a guy walking around with an assault rifle slung over his back. If he's that brazen then how could you be sure he's not gonna actually use the thing?

ManiacJoe

(10,138 posts)
188. That part is simple.
Sat Jan 4, 2014, 03:20 AM
Jan 2014

> If he's that brazen then how could you be sure he's not gonna actually use the thing?

Since it is slung over his back:
- He is making no attempt to hide it, therefore is not trying to deceive anyone.
- The method of carry is slow to deploy, so he is not looking for a quick surprise on anyone.

nomorenomore08

(13,324 posts)
189. Okay, point taken. But I don't blame people, especially nowadays, for seeing a big ol' gun
Sat Jan 4, 2014, 03:28 AM
Jan 2014

displayed in public and being frightened or at least apprehensive. Even in Florida this man's behavior is not exactly typical.

hatrack

(64,531 posts)
198. Yeah, it might take him three of four seconds to swing it around into firing position.
Sat Jan 4, 2014, 03:35 PM
Jan 2014

Plenty of time for mall customers to clock him with Panera sandwiches and umbrella handles.

Whatever.

petronius

(26,695 posts)
55. I am strongly opposed to the notion of jailing people for 'shit I dislike'
Fri Jan 3, 2014, 06:28 PM
Jan 2014

What he did was (apparently) not a crime. It was (apparently) safe, and in itself did no harm. Calls to jail people for safe, legal action - merely because it's icky - are bizarre at best (IMO)...

 

cherokeeprogressive

(24,853 posts)
144. "legal or not he should be in jail." Do you even read this shit before you post it?
Fri Jan 3, 2014, 09:11 PM
Jan 2014

What if someone who didn't like SOMETHING, ANYTHING you did, and said the same thing about it? Your answer would be... what?

haele

(15,207 posts)
226. He wasn't carrying it safely in public. It was loaded and only attached by two carbiner clips.
Sat Jan 4, 2014, 09:47 PM
Jan 2014

Anyone could have walked up behind him and got it off his back before he could have reacted. Idiot had no wingman, from what I could see. Carrying it "safely" in public like that means he needs to have someone trustworthy with him to insure he wasn't mugged.
Carrying it safely in public without someone in public means he should either unload the damn thing and keep the clip at his side, or put it in a case and carry it that way.

He was f'n reckless, playing Super-John-Wayne-Patriot.

Haele

 

Duckhunter935

(16,974 posts)
19. Well
Fri Jan 3, 2014, 06:00 PM
Jan 2014

since he owns a business in the mall that handle firearms, it may be very normal to carry a weapon. He is being an idiot to prove a point. It should be carried just how he is doing it slung and not in a threatening manor. I would have the magazine emptied and a orange chamber plug installed.

 

firsttimer

(324 posts)
23. Apparently not because look what happened
Fri Jan 3, 2014, 06:04 PM
Jan 2014

He didn't say I do it all the time .

He could have just as easily carried it in a case to his shop.
Instead he choose to make a statement.

 

Jenoch

(7,720 posts)
77. I am opposed to this sort of open carry.
Fri Jan 3, 2014, 06:50 PM
Jan 2014

However how is he carrying it in a threatening manner? It appears to be slung over his back in a non-threatening manner.

haele

(15,207 posts)
229. It was in a threatening manner - it was at ready for use, not set up for simple transport.
Sat Jan 4, 2014, 09:59 PM
Jan 2014

If he was going to "open carry" transport at the mall where there are a lot of people (especially teenagers with attitudes) milling around that may or may not be sane, and he wasn't en route to go hunting or target shooting, or he wasn't designated as a member of mall security, he should have had his clip removed from the chamber (he could have a belt pouch for it), and an orange tip at the barrel.

It also seems he didn't secure it to his body very well. The way it looked to be attached, he should also have had a partner just behind him to ensure no group of pickpockets or kids would jostle him and get it away from him at the GameStop.

If you look at the picture, he was walking around like he was expecting anything - he had that sucker set up ready to sling back around front and start spraying away when the zombies or the brown folks in turbans come screaming at him from behind the escalator.

Haele

 

Jenoch

(7,720 posts)
231. A gun strapped to a person's back and upside down
Sat Jan 4, 2014, 10:18 PM
Jan 2014

is not ready for use.

As I said, I am not a supporter of open carry and this guy is an idiot. Hyoerbole is not helpful either. For future reference, bullets go into the chamber, not clips (magazines).

Why should he have an orange tip on the barrel? I'm not sure, but if doing such a thing is not illegal, it should be. That would be disguising a real gun as a toy.

If he needed to transport the gun through the mall, he should have put the gun in a case.

haele

(15,207 posts)
232. Used to calling a magazine a clip. Carried a pistol and an M-16 back in the day on Shore Patrol.
Sat Jan 4, 2014, 10:40 PM
Jan 2014

When transporting, we used to clear the chamber, put the clips (or magazines) in a belt pouch, put an orange tip on the weapon to show that it was clear and not to be fired, and then walk down the pier, or to the muster point, or back to the armory.

I don't think it's hyperbole to emphasize out how unsafe his actions were. Actually, I think more "responsible gun users" should start pushing back against the stupid and unsafe ones, not try and justify the actions of those as if they were the ones that the supposed anti-gunners are yelling about.

Frankly, I'm thinking of how I would react if one of my more foolish partners back in the day had tried to do the same stunt - and he'd get an earful of all sorts of "could have happened because you were stupid".

Armed and upside down is ready for use by someone walking up behind him. A teen or distraught person could walk up behind him and just undo one of the carabineers and pull it off him before he could react. If the gun transporter decided he was being rushed, flipping the AR-15 back into firing position would take at most a second and a half longer than if it were being carried to fire, and I wouldn't be surprised if he were the type to practice that move, along with spinning his pistols in a quick draw.

Again, the problem I have was that he didn't transport it safely - in a manner that it couldn't be fired, and that he stopped at GameStop instead of going straight to his store.

This wasn't going about business as usual, this was "making a statement". And being recklessly stupid and dangerous doing it.
I hope he got a warning, and if he decides to pull a stunt like this again without taking safety precautions he would never be able to open carry. He's not a responsible gun owner if he doesn't respect his weapon.

Haele

 

Duckhunter935

(16,974 posts)
234. I do not thenk anyone is justifying
Sat Jan 4, 2014, 10:46 PM
Jan 2014

what this knucklehead did. All the people I know that own guns and also the ones on this board actually think it sets his argument back and he and the few others that do this just look stupid.

 

Jenoch

(7,720 posts)
235. I agree with much of what you have to say,
Sat Jan 4, 2014, 10:47 PM
Jan 2014

but not all of it.

I son't tbink some kid could really do as you suggest with the ease that you imply.

Of course this guy was attempting to make a statement, that's why he's an idiot.

I was not aware the military used an orange tip in such a manner i think it should be illegal to do that in public.

Although it does not say so in the story, I would bet that the magazine was not loaded.

 

Duckhunter935

(16,974 posts)
233. Correct on the orange tip, just do not do that
Sat Jan 4, 2014, 10:42 PM
Jan 2014

Stupid idea, that is for toy guns only and that would just confuse the two. II do not know if he had any ammunition in the magazine but I would have had it removed and had an orange or yellow chamber plug installed. He is not the sharpest tool in the shed. Transport in a gun case is best.

frylock

(34,825 posts)
126. and since he owns a gun shop, it's reasonable to deduce that he has ready access to a case..
Fri Jan 3, 2014, 07:56 PM
Jan 2014

to carry the gun to his shop. instead, he opted for the "hey everbody, look at me!" method. fuck these clowns.

Historic NY

(39,817 posts)
158. here mixed up links..
Fri Jan 3, 2014, 10:30 PM
Jan 2014
http://www.parkdalemalltx.com/code-of-conduct

20. Carrying or displaying weapons of any kind except those carried by certified law enforcement officers in the performance of their duties.

google him and the mall there lots of chatter including facebook
 

cherokeeprogressive

(24,853 posts)
164. Awesome. Thanks for that. Where is that posted? Clearly, and at the entrance?
Fri Jan 3, 2014, 10:58 PM
Jan 2014

Because legally, that would be an issue here.

sarisataka

(22,361 posts)
170. Posting wouldn't matter...
Fri Jan 3, 2014, 11:13 PM
Jan 2014

A- the Mall Code of Conduct is not law

B- as a shop owner he is not a visitor so it would not apply to him

now tenant conduct as likely listed on his lease could be an issue...

 

cherokeeprogressive

(24,853 posts)
172. Point taken, but I would respectfully argue that mall rules are not the same as laws as they pertain
Fri Jan 3, 2014, 11:26 PM
Jan 2014

to private property and thus are property owners rightful rules of entry.

Gun owner here. I guarantee idiots like this will someday cause me to lose my right to own a gun to hunt for my own food, or defend my own household, WHICH ARE THE ONLY TWO REASONS I WOULD EVER CONSIDER OWNING GUNS.

I fucking guarantee it.

sarisataka

(22,361 posts)
174. Agreed
Fri Jan 3, 2014, 11:37 PM
Jan 2014

property owner rights would be under state law. It may or may not allow the property owner to press charges.
In the case of wholly private property, I believe that right is absolute. In the case of private property open to the public it can be fuzzy.

MN law allows businesses to ban firearms, but landlords cannot do so. In this case the mall management would be the landlord so has no authority to do so. It is often noted the MOA no guns signs are invalid; Each business tenant can legally set their own rules.
That said, the mall may still ask any visitor to leave for any reason whatsoever.

I do not know if Texas law is similar


Legal or not, it was a dumb thing to do

bluestate10

(10,942 posts)
17. Everyone else in that Mall had a right not to have to deal with that jerk walking around with
Fri Jan 3, 2014, 05:55 PM
Jan 2014

a lethal weapon, with the clips in. Why would that jackass expect other people in the Mall to assume he was a "responsible" gun owner instead of some fucking psycho out to kill as many people as he could?

 

Politicalboi

(15,189 posts)
29. What an asshole
Fri Jan 3, 2014, 06:11 PM
Jan 2014

Anyone could have come up from behind him, and taken that away from him. Or just grabbed it, and then start shooting. He should have been arrested for possibly inciting a panic.

lpbk2713

(43,255 posts)
37. I was thinking something along those lines.
Fri Jan 3, 2014, 06:18 PM
Jan 2014



What if someone beat him up and took his bang-bang?

Would he have the balls to report it to the police?

The cops would laugh their asses off.

99Forever

(14,524 posts)
34. Another brilliant gun wacko...
Fri Jan 3, 2014, 06:14 PM
Jan 2014

... "making a point."

If that idiot wants people to see his point, all he need to do is take off his hat.

 

Vashta Nerada

(3,922 posts)
39. I hope someone called the cops on him and told them they feared for their lives.
Fri Jan 3, 2014, 06:20 PM
Jan 2014

I would have. If I see a nutcase walking around with an AR-15 in a mall, I'd call the cops.

"Second Amendment rights" be damned.

And I was right:

Detectives say witnesses gave statements that they were "terrified" and "thought they were going to die."

LiberalElite

(14,691 posts)
45. Aren't malls
Fri Jan 3, 2014, 06:22 PM
Jan 2014

private property and as such wouldn't that have an impact on his ability to exercize his "rights?" If I brought a gun to work, I'd be fired, second amendment or not.

ManiacJoe

(10,138 posts)
56. Yes they are private property.
Fri Jan 3, 2014, 06:29 PM
Jan 2014

Technically they are "private property open to the public". This means that management or their agents can ask people to leave for any or no reason. Failure to comply with the request to leave can result in you being arrested for trespassing. Most likely it is perfectly legal for him to have the gun there; but "illegal" and "unliked by management" are two very different things.


ManiacJoe

(10,138 posts)
65. Meaning that he would have be sidetracked
Fri Jan 3, 2014, 06:38 PM
Jan 2014

into a discussion about guns and shooting.

That is probably not what you meant though.

ManiacJoe

(10,138 posts)
80. And?
Fri Jan 3, 2014, 06:53 PM
Jan 2014


Based on what makes it to the mass media, there are certainly folks in Florida that are confused about that the law does and does not allow. Your posts in this thread suggest that you may be one of those people, but I am hoping that is not actually the case.

XRubicon

(2,241 posts)
86. Where do you live?
Fri Jan 3, 2014, 06:59 PM
Jan 2014

Probably a fly over state where guns don't cause as many problems as they do in urban areas.

I am one of those people... not confused, just not buying your line.

ManiacJoe

(10,138 posts)
105. What makes you think I am afraid?
Fri Jan 3, 2014, 07:15 PM
Jan 2014

Afraid of what?

I carry because my life is worth defending. While the odds of getting into a situation where I need to defend my life are very low, having the tools to effect that defense increase my odds of surviving. It is called being prepared, and it takes very little effort on any given day. However, laziness does account for many days without carrying.

ManiacJoe

(10,138 posts)
114. Correct. I am also not afraid when I don't carry. The gun is just one of many self defense tools.
Fri Jan 3, 2014, 07:28 PM
Jan 2014

I understand the risks involved in life and know their odds and know how to mitigate them.

Wise people do not go to places with guns that they would not go to without guns. I have better things to do than to go looking for trouble. However, I am prepared to deal with it should trouble come to me. Life would be so much easier if trouble made appointments.

ManiacJoe

(10,138 posts)
122. I did not realize that either. Thanks for pointing it out.
Fri Jan 3, 2014, 07:45 PM
Jan 2014


I am sure I am not afraid. If I was afraid to go some where, I would not go there armed or otherwise. I have never needed to point a gun at anyone, or even threaten to do so. I would prefer to keep it that way.

Being prepared is a good thing. I also have gore-tex raincoats and umbrellas, which I need much more often, thankfully.

Your "commando Spock" reference is lost on me. Sorry.

XRubicon

(2,241 posts)
128. You can take the Spock part as a compliment to your calm demeanor
Fri Jan 3, 2014, 07:57 PM
Jan 2014

The commando part meant you are way over prepared for what you will likely face going to get a gallon of milk.

Have you seen the statistics on heart disease? I bet someone like you who is concerned about death would be all over that.

ManiacJoe

(10,138 posts)
133. I have seen those stats.
Fri Jan 3, 2014, 08:06 PM
Jan 2014

There seems to be good folks working to cut down the problems of heart disease. Sometimes it seems like they are making the same progress as the cops are with local crime. My doctor set me up with a list of to-do's to cut down my risks. Got self defense lists from other experts.

Being over prepared is always better than being under prepared. However, being under prepared is easier and is certainly cheaper in the short run.

ManiacJoe

(10,138 posts)
87. The defendant seems to be able to articulate "reasonable fear".
Fri Jan 3, 2014, 06:59 PM
Jan 2014

"Reasonable fear" as in meeting the "ability, opportunity, jeopardy" standard.

The defendant was certainly using bad tactics....

spin

(17,493 posts)
93. Open carry in public is illegal in Florida with only a few exceptions. ...
Fri Jan 3, 2014, 07:03 PM
Jan 2014

Carrying a rifle in a mall is not one of the exceptions.

If the guy would have been in a Florida mall, most likely he would have arrested and all would have ended peacefully. If he would have unslung his rifle and threatened others it is possible that a person who was legally carrying concealed might have tried to stop him. This may or may not have been wise largely depending on the distance between the two shooters and the skills of both. Hopefully the person with the legal weapon would have been careful to insure that no one else was endangered by his rounds if he fired.

There are over 1,000,000 Florida residents who have valid carry permits but it is difficult to estimate how many carry on a regular basis. I do know quite a few who do.

XRubicon

(2,241 posts)
96. I am surely impressed with your understanding of the laws and statistics
Fri Jan 3, 2014, 07:07 PM
Jan 2014

Problem is, when everyone is carrying people die...

spin

(17,493 posts)
134. Which is why we need reasonable gun control laws. ...
Fri Jan 3, 2014, 08:08 PM
Jan 2014

If a state requires those who it authorizes to carry firearms in public to have a good background check, proof of gun safety training and a requirement to show that they can safely handle a firearm and shoot it with reasonable accuracy at close range, you can largely eliminate tragedies caused by those who legally carry.

Of course the above doesn't eliminate those who have serious mental issues. In my opinion this is a major loophole.

All too often a person who has been legally adjudged as having serious mental issues that might endanger others fails to even make it it into the NICS background check system that is used to determine who can buy a firearm. A criminal background check might also miss this fact. This could and should be corrected and should not even require a lot of effort.

Submission of Mental Health Records to NICS and the HIPAA Privacy Rule

Summary

Questions about the scope and efficacy of the background checks required during certain firearm purchases have gained prominence following recent mass shootings. These background checks are intended to identify whether potential purchasers are prohibited from purchasing or possessing firearms due to one or more “prohibiting factors,” such as a prior felony conviction or a prior involuntary commitment for mental health reasons. Operationally, such background checks primarily use information contained within the National Instant Criminal Background Check System (NICS) and a particular focus of the debate in Congress has been whether federal privacy standards promulgated under the Health Insurance Portability and Accountability Act (i.e., the HIPAA privacy rule) or state privacy laws are an obstacle to the submission of mental health records to NICS.

Under the Gun Control Act of 1968 (GCA), as amended, persons adjudicated to be mentally defective or who have been committed to a mental institution are prohibited from possessing, shipping, transporting, and receiving firearms and ammunition. Neither a diagnosis of a mental illness nor treatment for a mental illness is sufficient to qualify a person as “adjudicated as a mental defective.” Rather, an individual’s “adjudication as a mental defective” relies upon a determination or decision by a court, board, commission, or other lawful authority. The definition of “committed to a mental institution” may apply only to inpatient settings. At least one federal court has held that the Supreme Court’s recent recognition of an individual right to possess a firearm suggests that some emergency hospitalization or commitment procedures, that may not have as many procedural safeguards as formal commitment, should not be included within the meaning of “involuntary commitment” for purposes of the GCA. In 2007, Congress passed the NICS Improvement Amendments Act (NIAA), which authorizes the Attorney General to make additional grants to states to improve electronic access to records as well as to incentivize states to turn over records of persons who would be prohibited from possessing or receiving firearms.

In 2012, the Government Accountability Office (GAO) reported that a variety of technological, coordination, and legal (i.e., privacy) challenges limit the states’ ability to report mental health records to NICS. The HIPAA privacy rule, which applies to most health care providers, regulates the use or disclosure of protected health information. On February 14, 2013, HHS announced that it will seek to amend the HIPAA privacy rule to remove any potential impediments to state reporting of mental health records to NICS. The privacy rule is most relevant as a potential obstacle where information used to generate mental health records on individuals prohibited from gun possession under the GCA is held by health care providers in states that do not expressly require disclosure of such records to NICS. Courts and health care providers that generate such prohibiting mental health records may also be subject to state health privacy laws that may be more restrictive than the HIPAA privacy rule....emphasis added
https://www.fas.org/sgp/crs/misc/R43040.pdf


Florida has an excellent track record with those it allows to carry concealed. (Zimmerman may be an exception but in my opinion he is free today because the prosecution failed to PROVE beyond a reasonable doubt that he was guilty in the Trayvon Martin shooting. That's a topic for a different discussion.)

Florida has had "shall issue" concealed carry since 1987. According to the state's Concealed Weapon or Firearm License Summary Report, Florida has issued 2,581,087 concealed weapons permits since Oct. 1, 1987 and currently 1,215,708 are valid. Only 168 licenses have been revoked for a "Crime After Licensure" involving a firearm during this 26 year period of time. Not all these crimes involved a shooting. You can review the report at: http://www.freshfromflorida.com/content/download/7499/118851/cw_monthly.pdf

XRubicon

(2,241 posts)
141. I wish I had a time machine to help you get back to the 19th century
Fri Jan 3, 2014, 08:47 PM
Jan 2014

You'd be happy there. Everyone carried a side arm and there were gun fights in the streets.

Maybe you should look on e-bay for a Delorean.

spin

(17,493 posts)
157. Where did I say that I felt everybody should be armed? ...
Fri Jan 3, 2014, 10:28 PM
Jan 2014

What I advocated was that we should do our best to limit firearm ownership to only responsible, honest and sane people who present no threat to others.

The myths of the Wild West are overblown. I fear you watch too many Hollywood movies and suggest you study history instead.


Shootouts, bank robberies, highly-choreographed bar brawls—if we know anything about the frontier, it’s that it was one hell of a violent place.Or was it? Turns out the popular image of the Old West as a place where manly men solved their differences by shooting those differences in the face simply isn’t true. People were more likely to cooperate than fight—in a harsh and lawless world, it was better to side with your neighbor for mutual benefit than start shooting. Bank robberies, too, were virtually unheard of. One estimate places the number at about a dozen for the entire frontier period.Then you have the low-homicide rates. The highest annual body count Tombstone ever experienced? Five. From 1870 to 1885, Dodge City and Wichita had murder rates of 0.6 per year. However you cut it, daily cowboy life was nowhere near as violent as we think.
http://listverse.com/2013/02/18/9-crazy-truths-about-the-wild-west/

XRubicon

(2,241 posts)
160. Man, if I razzed you about quantum physics would you google it to find crap in your favor?
Fri Jan 3, 2014, 10:38 PM
Jan 2014

"The number of theoretical physicist that murdered using a gun is .6 per year"

Paste google link here...

spin

(17,493 posts)
175. It's a commonly held myth that the Wild West was extremely violent. ...
Fri Jan 3, 2014, 11:41 PM
Jan 2014

Hollywood made fortunes making movies about shootouts on Main Street at high noon. Such events were extremely rare.

I enjoy reading about history. Perhaps that is due to the fact that I had some really good history teachers in school. I am not quite as fond about watching movies based on history as all too often they are inaccurate and unrealistic.

I can't count the number of westerns that I tried watching where the hero or villain has a 50 round 6 six shot revolver and can do amazing feats like shooting several people at 50 yards or more while riding a horse at full gallop. When I was growing up, the good guys used to shoot their opponent's handgun right out of their hands rather than injure them. Try that in real life and see how well it works.

Many gun control advocates firmly believe in numerous misconceptions about firearms and often when I see such posts I try to disprove them. One thing that I have noticed that gun control advocates intensely dislike is facts and statistics. For 37 years before I retired I worked in a highly technical industry. Perhaps that is why I prefer to analyze a problem and try to find a real solution by examining the data.

Perhaps you were simply razzing me, which is fine, but how could I tell this?

As far as your comment about quantum physics I will merely mention a quote about quantum physics that I find interesting.

"When you change the way you look at things, the things you look at change." -- Max Planck, Physicist Nobel winner - Father of Quantum Physics











XRubicon

(2,241 posts)
191. I know what I see around me
Sat Jan 4, 2014, 01:01 PM
Jan 2014

Since Zimmerman got away with murder everyone seems to be invoking stand your ground defense. Colorado will have pot tourists and Florida will have stand your ground tourists...

spin

(17,493 posts)
192. Strange. I live in Florida and yet have not heard of any major incidents ...
Sat Jan 4, 2014, 02:28 PM
Jan 2014

similar to the Zimmerman/Martin shooting. Surely ANY controversial shootings in Florida would have grabbed instant media attention.

(In passing, if you are really interested in the effects of the "stand your ground" law in Florida, The Tampa Bay Times published an excellent report covering all the cases they could find since the law was implemented in 1987. It contains a searchable data base that you can break down many different ways. For example I was quickly able to find at there have been a total of 10 cases in Florida where a person of Hispanic heritage shot and killed a black individual. Three were convicted and seven shootings were ruled as justified. You can also quickly call up the details of each case. The report can be found at http://www.tampabay.com/stand-your-ground-law/)

If Zimmerman did get away with murder (which is quite possible) it is due to the fact that our legal system worked as designed.

Beyond a Reasonable Doubt


The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

If the jurors or judge have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty.

The term connotes that evidence establishes a particular point to a moral certainty and that it is beyond dispute that any reasonable alternative is possible. It does not mean that no doubt exists as to the accused's guilt, but only that no Reasonable Doubt is possible from the evidence presented.

Beyond a reasonable doubt is the highest standard of proof that must be met in any trial. In civil litigation, the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. These are lower burdens of proof. A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree. Clear and Convincing Proof is evidence that establishes a high probability that the fact sought to be proved is true. The main reason that the high proof standard of reasonable doubt is used in criminal trials is that such proceedings can result in the deprivation of a defendant's liberty or even in his or her death. These outcomes are far more severe than in civil trials, in which money damages are the common remedy.
http://legal-dictionary.thefreedictionary.com/Beyond+a+Reasonable+Doubt


I put the blame for the fact that Zimmerman walked free on the prosecution. Some agree with me.

Liberal Law Prof: Zimmerman Case 'Should Never Have Been Brought in the First Place'
July 15, 2013 - 3:55 AM

(CNSNews.com) - "You know, this is a case that should never have been brought in the first place, certainly not as a second degree murder prosecution," Harvard Law Professor Alan Dershowitz told CNN's "State of the Union With Candy Crowley" on Sunday.

***snip***

According to Dershowitz, "Everybody had to have a reasonable doubt about who struck the first blow, about who yelled 'Help me! Help me!', about who was on top and who was on bottom."

***snip***

Asked by CNN's Candy Crowley if he thinks there is enough evidence there for the Justice Department to move forward on a civil rights complaint, Dershowitz said, "I do not."

"I think this is a fairly traditional case of self-defense. It's a horrible tragedy. It reflects the racial divide in our society. There is no reason this young man should have been killed. Mr. Zimmerman may have been morally at fault for racially profiling and following him, but under the law of self defense, if he was on bottom and he was having his head banged against the pavement and was in reasonable fear of death or serious bodily harm, he had the right to respond the way he did. -

See more at: http://cnsnews.com/news/article/liberal-law-prof-zimmerman-case-should-never-have-been-brought-first-place#sthash.sIGXcg4R.dpuf


You are also incorrect when you suggest that the Zimmerman trail involved the "stand your ground" law.

The Zimmerman Acquittal Isn't about "Stand Your Ground"

SCOTT LEMIEUX JULY 14, 2013

***snip***

Although some media reports continue to assert that Florida's infamous "stand your ground" law was "central to Zimmerman’s defense" during the trial, the defendant's team didn't even invoke it; Zimmerman's defense involved just standard self-defense. Under Florida law, the fact that Zimmerman initiated the conflict with Martin did not foreclose a self-defense claim if Zimmeran "reasonably believe[d] that he...[wa]s in imminent danger of death or great bodily harm and that he...has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant."...emphasis added

This was the basis for Zimmerman's defense, and under Florida law it was the state's burden to prove it beyond a reasonable doubt. (Intuitively, this may seem like a quirk of Florida law, but the vast majority of states place the burden of proof on the state to disprove a claim of self-defense.)
http://prospect.org/article/zimmerman-acquittal-isnt-about-stand-your-ground




XRubicon

(2,241 posts)
193. I see you are working today...
Sat Jan 4, 2014, 02:34 PM
Jan 2014

Last edited Sat Jan 4, 2014, 03:48 PM - Edit history (1)

Tell the CEO of Smith & Wesson I said hi..

Edited to add:
You probably don't get paid to carry the gun manufacturers swill, but I'm sure they are thankful for the lifestyle you provide them.

spin

(17,493 posts)
200. I don't "work" anymore. I'm retired. That gives me plenty of time to do research ...
Sat Jan 4, 2014, 03:49 PM
Jan 2014

for the replies I make to posters like you.

It would be nice to get paid for my posts but unfortunately doing so would require me to represent even more conservative views on gun control than I currently hold. It would also violate my own personal code of ethics.

In passing I do enjoy target shooting revolvers all of which were made by Smith and Wesson. I also legally carry a snub nosed S&W revolver.

spin

(17,493 posts)
206. No, I missed that. ...
Sat Jan 4, 2014, 04:58 PM
Jan 2014

The gun industry has been doing just fine without my help.

Virginia gun sales set record in 2013
01/04/2014 4:45 AM


Virginia gun sales increased by nearly 11 percent and reached an all-time high in 2013.
The Virginia State Police logged background checks for nearly 480,000 gun transactions last year, topping the old record of just over 432,000 set the year before, The Richmond Times-Dispatch reported Friday. State police began doing the criminal background checks in late 1989. The 2013 results were released Thursday.

Police said gun sales were especially brisk early in the year. Transactions for the first four months were up 115.8 percent, 38.5 percent, 41 percent and 28.4 percent.
http://m.bdtonline.com/BDT/pm_103628/contentdetail.htm?contentguid=1gg12ep5


​Gun sales are up as support withers for tougher firearm restrictions
Published time: December 10, 2013 23:58

Gun sales, profits, and share prices among top firearm manufacturers have rebounded since the mass shooting of December 2012 in Newtown, CT, exceeding levels seen before the tragic incident that left 26 dead at Sandy Hook Elementary School.

A financial disclosure Monday by the Freedom Group - a collection of gun manufacturers also known as Remington Outdoor Co., which makes the Bushmaster assault rifle used in Newtown - reported that its sales in the past year have risen as much as 36 percent.

The company predicts 2013 sales will total at least US$1.25 billion; 2012 sales checked in at $931.9 million. Freedom Group also expects a 50 percent profit increase from 2012.
http://rt.com/usa/gun-sales-support-laws-029/


When I grew up in the 1950s and 1960s in northeast Ohio, the only people I knew who owned firearms were hunters, target shooters and collectors. I only remember encountering one person who had a pistol and he had brought back from Germany after WWII. He didn't even have any ammo for his weapon.

Statistics show that our violent crime rate and our firearm crime rate is approaching levels last seen in the late 1960s yet both the gun industry and gun control advocates try to convince people that we live in extremely violent times.

While the skyrocketing sale of firearms has not caused a dramatic increase in firearm crime, I can still see some value in our nation returning to the days when those who owned firearms had good reasons to do so.

XRubicon

(2,241 posts)
207. I don't need research and citations to say what I feel on a message board
Sat Jan 4, 2014, 05:27 PM
Jan 2014

I didn't read one word of your reply. I am talking to you not an encyclopedia. If you want to convince me, try summarizing things you know.

hack89

(39,181 posts)
210. Invincible ignorance
Sat Jan 4, 2014, 06:46 PM
Jan 2014

At least you are honest in your closed mindedness.

As a gun owner I want to thank you for your help.

XRubicon

(2,241 posts)
213. one more thing
Sat Jan 4, 2014, 08:59 PM
Jan 2014

You gun guys are like robots. Always a big wall of words with citations like you are writing a paper.

You bore me.

XRubicon

(2,241 posts)
218. Hey, no pasted stats about how dingos in austrailia die of car accidents and not guns!
Sat Jan 4, 2014, 09:08 PM
Jan 2014

Are we going to talk to each other?

spin

(17,493 posts)
211. I know that gun control advocates use emotional arguments to support their cause ...
Sat Jan 4, 2014, 08:47 PM
Jan 2014

and gun rights advocates use data and statistics.

spin

(17,493 posts)
225. Yup. I'll be here ready to Google facts and statistics looking for someone who can make me ...
Sat Jan 4, 2014, 09:34 PM
Jan 2014

reconsider some of my views.

There are extremely intelligent posters here on DU and a few are gun control advocates. Over the years I have had some entertaining back and forth debates with them and consequently I have moderated my views on gun rights slightly.

I welcome the opportunity to have further debates with you.

gulliver

(13,810 posts)
72. Publicity stunt for his store.
Fri Jan 3, 2014, 06:47 PM
Jan 2014

But if I were one of the other mall tenants, I wouldn't be happy. Maybe they can drive the guy out.

Response to firsttimer (Original post)

Response to pnwmom (Reply #78)

ManiacJoe

(10,138 posts)
91. True. Management can always ask you to leave for any or no reason.
Fri Jan 3, 2014, 07:03 PM
Jan 2014

Refusing to do so when asked can get you arrested for trespassing.

AlinPA

(15,071 posts)
81. IMO, he is taking a risk. A person with a legal concealed weapon could easily see this as a
Fri Jan 3, 2014, 06:54 PM
Jan 2014

potential shooter who might slaughter patrons and might kill the crazy fool in defense of the public.

ManiacJoe

(10,138 posts)
94. That would get the CCW holder arrested for an illegal shooting.
Fri Jan 3, 2014, 07:04 PM
Jan 2014

The mere presence of a firearm does not meet the bar for "reasonable fear".

ManiacJoe

(10,138 posts)
108. Of course, it "could" happen.
Fri Jan 3, 2014, 07:19 PM
Jan 2014

It also "could" happen that I am elected the next President. "Is possible" and "is probable" are two different things.

Response to AlinPA (Reply #81)

demosincebirth

(12,818 posts)
89. All of these gun-nuts who want to walk around with weapons (I know it make them feel super)
Fri Jan 3, 2014, 07:01 PM
Jan 2014

should join the military and sign up for either the Special Forces or the Rangers, then see how bad they are, that is if they can make it past the first week of training.

etherealtruth

(22,165 posts)
106. Heck if I know
Fri Jan 3, 2014, 07:16 PM
Jan 2014

It is one of DU's generic state avatars (wish I had some charming story, but sadly it is what it is)

NBachers

(19,284 posts)
123. Well, we've got to find out who made up these generic state avatars and get to the bottom of this.
Fri Jan 3, 2014, 07:48 PM
Jan 2014

Who knows where it might lead? This is bigger than both of us.

TheCowsCameHome

(40,270 posts)
102. Thank you, Derek.
Fri Jan 3, 2014, 07:12 PM
Jan 2014

You've probably set your cause back more than you'll ever know.

I'm sure shoppers were thrilled by you exercising your right to be dickhead.

Next time maybe a SWAT team will show you their stuff.

 

SCUBANOW

(92 posts)
107. This mall is 20 miles from my house.
Fri Jan 3, 2014, 07:19 PM
Jan 2014

The charges will be dropped and his rifle will be returned to him. I was told this by the officer that arrested him. He did not violate any texas law. The officer is under investigation for this arrsst.

madinmaryland

(65,690 posts)
152. Can I assume from your questions that you actually support this person's right to
Fri Jan 3, 2014, 10:14 PM
Jan 2014

indecently expose themself in a public place??

madinmaryland

(65,690 posts)
156. I've said it before and I will say it again...
Fri Jan 3, 2014, 10:27 PM
Jan 2014

Openly carrying a weapon is the same as walking around with your penis hanging out.

Is that what you want to hear?

 

cherokeeprogressive

(24,853 posts)
169. Um... I don't know what your "is the same as" has to do with the definition of indecent exposure.
Fri Jan 3, 2014, 11:11 PM
Jan 2014

Ya see, here is where we tend to part ways. I'm absolutely for reasonable gun laws. For instance, I'm 100% behind background checks for EVERY transfer of registered weapons, no matter where they take place, or for what reason.

Now, I want you to slow down for a moment, and consider this next statement... carefully.

"Winking at my Wife in a bar is the same as making her eggs and bacon for breakfast".

It has EXACTLY the same validity as

Openly carrying a weapon is the same as walking around with your penis hanging out.

Come on... stop thinking with your emotions and start thinking with your brain.

 

cherokeeprogressive

(24,853 posts)
176. What I GET is that there is this emotional thing that leads you to equate
Fri Jan 3, 2014, 11:41 PM
Jan 2014

guns with PENISES.

You might as well equate carrots to balloons. Cars to oysters. Blimps to magma. Interstate highways to doughnuts. Panties to helmets. Rocks to cotton. Video to fire.

I could go on with stupid shit like that allllll night.

It's YOU who don't get it.

Guns aren't like penises. If that were true, what would the women I see at the gun range be called? Gun Whores? Gun Prostitutes? Gun Slaves?

A man who likes gun equates his gun to his ______.

A WOMAN who likes guns equates her gun to her _____ (obviously, she hated guns UNTIL the man who dominates her MADE her pretend she liked guns).

 

cherokeeprogressive

(24,853 posts)
180. Is there a reason you don't give us "everything" you were told?
Sat Jan 4, 2014, 12:50 AM
Jan 2014

I'm here. I'm not hiding. I've been here for almost ten years. I don't have a SINGLE hidden post...

Tell me all you needed to see, and everything you were "told".

 

Hoyt

(54,770 posts)
197. He owns a "tactical" gun store. Kind that appeals to gun culture. And His websites promote
Sat Jan 4, 2014, 03:16 PM
Jan 2014

right/white wing "Patriot" type stuff.

http://goldtritac.com/the_liberty_project.html

https://www.facebook.com/pages/Golden-Triangle-Tactical/398639813577811

"For those of you that cling to your God and Guns swing by our store check out by some tactical gear and sign the petitions we have going for the Texas Nationalist movement to reassert Texas status and Chip Darby the host of the Final Chapters petition to get his name placed on the ballot for Governor of Texas. Its time to stand up for Texas and stand against D.C.!"


He's definitely the kind of guy the majority of gun fanciers support. Not all, but the majority.

Sheldon Cooper

(3,724 posts)
194. How would anyone know that this guy isn't going to whip that gun around and start blasting away?
Sat Jan 4, 2014, 02:41 PM
Jan 2014

And how does he know that some other gun nut, with a concealed carry permit, won't decide to be a hero and take him out before he can start the shooting rampage? I mean, I thought that was the reason why these loons carry guns in the first place - to be the 'good guy' who takes out the 'bad guy'.

billh58

(6,655 posts)
199. Gun humpers want
Sat Jan 4, 2014, 03:38 PM
Jan 2014

people to "trust" them because they are statistically more law abiding than non-gun humpers. Or so they say...

 

Duckhunter935

(16,974 posts)
203. CCW holders know the law
Sat Jan 4, 2014, 04:17 PM
Jan 2014

and do not want to go to jail. Pulling a firearm is a last resort to protect life and is illegal in a case like this as there is no threat. And yes CCW holders have a very much lower incidence of weapons charges due to the screening and required training. You should hide or leave the danger zone first and only if that is not possible then think about the possibility of using a carried weapon.

It all comes down to his mannerisms. It looks like he was just carrying and was not acting in any odd way and was not dressed in a manor that wold cause concern. Now if he had a vest with spare magazine pouches, other weapons or handguns strapped to him, that would cause me concern and I would leave the area.

Sheldon Cooper

(3,724 posts)
205. If I saw that asshole walking through the mall, I would be out the door and on the phone to 911
Sat Jan 4, 2014, 04:48 PM
Jan 2014

before you could blink. I don't give a shit about any "mannerisms". Any dickhead that wants to parade around with a gun will have to take his chances on how people will react.

 

Duckhunter935

(16,974 posts)
230. I love your answers
Sat Jan 4, 2014, 10:00 PM
Jan 2014

Gives me a good laugh, out of millions of CCW holders, all you can come up with is one idiot. We study the law because we are responsible firearms owners and that is part of the responsibility of owning a firearm and having a CCW permit. Other parts of that are classes covering laws and safe handling of firearms. A local, state and Federal background check and a check for a couple of hundred dollars. Another part most of us do is go to the range and actually fire our weapons. Usually more than is what is required by law enforcement. It is a skill like all skills and fades with time.

 

Hoyt

(54,770 posts)
236. Why don't you spend your time learning how to live without a friggin gun,
Sat Jan 4, 2014, 11:03 PM
Jan 2014

instead of with a gun in your pants. Guess that doesn't float your boat.

 

Duckhunter935

(16,974 posts)
240. I dont carry
Sun Jan 5, 2014, 12:33 AM
Jan 2014

But I like to have the option and be legal. 99% of the time my firearms are locked in my gun safe. About once a month I drive for an hour to go to the range to shoot some targets. It is an enjoyable hobby for me and as of now completely legal. I know that just gets you so riled up that I am able to do that without having your permission.

Whats with all of your insults to me and other posters, that is just not very nice. I have to admit you do make me laugh when I read some of your posts, thank you for that.

So what was that again?

Oh, by the way I am living just fine thank you

Recursion

(56,582 posts)
270. And now thousands of people have heard of Golden Triangle Tactical
Sun Jan 5, 2014, 09:35 PM
Jan 2014

Mission accomplished.

(Where is this, anyways? I grew up in a "Golden Triangle" but I know there's at least one other because our luggage would always end up there -- we were Golden Triangle Regional and they were Golden Triangle International)

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