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Armed man arrested at NC airport as Obama departs

wylde007

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TheFreeman wrote:
Maybe volunteer fire dept? This just seems really odd. If his weapon was holstered, then going armed to the terror of the public would not apply... although, that 'law' seems to have a lot of gray area for LE.
Volunteer fire or rescue.

VERY COMMON in rural areas. Perfectly lawful. The only lights which are unlawful (to my knowledge) are red and blue. And, if they were not in operation, there is no violation at all.

There is only gray area for those who would choose to ignore the rule of law. Hopefully the magistrate and judge realize the impropriety taken by the officers and move to dismiss any and all associated charges.

Slidell Jim wrote:
Who was he threatening in order to charge GATTTOTP? the rental car guy, watching the lot
I'd like to know what "unusual and dangerous" weapon he was carrying. The sidearm doesn't count.

In an airport parking lot? Well that fails the "goes about on public highways" test.

As stated above: I smell a rat.
 

chiefjason

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wylde007]I'd like to know what "unusual and dangerous" weapon he was carrying.  The sidearm doesn't count.

In an airport parking lot?  Well that fails the "goes about on public highways" test.

As stated above: I smell a rat.
[/quote]

Yes, per State v Huntley a firearm is an unusual and dangerous weapon. The highways clause has been misused before.

State v Huntley
"A gun is an "unusual weapon," wherewith to be armed and clad."

I'll cross post this from CSF.

From the airport press release. Nothing really new here.

http://www.flyavl.com/news-releases/...rt-police.html

Parking map. He was close to the terminal in the rental area.

http://www.flyavl.com/parking/parking.html

It's owned by the city of Asheville and likely falls under this. Not sure why they would use GATTTOTP though, instead of charging him with something else. If a city prohibits firearms in the building they can also prohibit them in the parking lot of those buildings per here, section f.

http://www.ncga.state.nc.us/EnactedL...14-409.40.html

City of Asheville ordinance

Sec. 12-42. Firearms and weapons.
No person shall possess, use or carry any firearm, gun, rifle, pistol, air rifle, spring gun or compressed air rifle or pistol or other similar device or weapon which impels or discharges with force any bullet, shot or pellet of any kind, including arrows with metallic tips or sharp tips of any nature, designated to penetrate and propel a bow or spring device, in any park or other city-owned facility. Further, no person shall possess, use or carry any knife, other than an ordinary pocket knife, which means a small knife, designed for carrying in a pocket or purse and which has a cutting edge and point entirety enclosed by its handle and that may not be opened by throwing, explosive or spring action, or a kitchen knife, when it is used or intended to be used for its ordinary purposes, in any park or other city-owned facility. This section shall not apply to any law enforcement officer of any governmental agency or body charged with the duties of protecting life or property or enforcing laws or regulations while engaged in the performance of his/her official duty nor to any participant in a city-sponsored archery program or event.
 

CarryOpen

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Yes, a sidearm passes the "unusual and dangerous" test, but unless he was both intent on terrorizing and going about on public highways, the other two prongs fail.
 

USMC91E6

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My question is that if he was not charged with brandishing, how could he be charged with "GATTTOP"? Sounds like an over reaction from the police. We all know that t his story is going to fade from the mainstream when they realize that they have nothing to convict him with.
 

steveman01

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murf26 wrote:
And I would say his last name probably didn't help either..............

Tim Mcveigh and Joseph Mcvey sounds the same but they are not.

I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

steveman01

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murf26 wrote:
And I would say his last name probably didn't help either..............

Tim Mcveigh and Joseph Mcvey sounds the same but they are not.

I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

steveman01

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murf26 wrote:
And I would say his last name probably didn't help either..............
Tim Mcveigh and Joseph Mcvey sounds the same but they are not.
I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

steveman01

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murf26 wrote:
And I would say his last name probably didn't help either..............
Tim Mcveigh and Joseph Mcvey sounds the same but they are not.
I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

steveman01

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murf26 wrote:
And I would say his last name probably didn't help either..............
Tim Mcveigh and Joseph Mcvey sounds the same but they are not.
I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

steveman01

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guntersville, Alabama, USA
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murf26 wrote:
And I would say his last name probably didn't help either..............
Tim Mcveigh and Joseph Mcvey sounds the same but they are not.
I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

steveman01

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guntersville, Alabama, USA
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murf26 wrote:
And I would say his last name probably didn't help either..............
Tim Mcveigh and Joseph Mcvey sounds the same but they are not.
I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

steveman01

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guntersville, Alabama, USA
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murf26 wrote:
And I would say his last name probably didn't help either..............
Tim Mcveigh and Joseph Mcvey sounds the same but they are not.
I don't judge a person buy there name anywho. Not to say leo's wouldn't. Also I am not so sure Tim did it anyway, but thats another story.
 

aadvark

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This is Illegal.

Going Armed to the Terror of The Public does not include Lawfully Carrying a Firearm, but instead, prohibits Intentional Wanton Recklessness with the same.

In North Carolina:

1. Walking down the street with a Firearm-Legal, however;

2. Walking down the street with a Firearm and pointing it wildly at People or threating others with it unnessecarily-Illegal.

Merely Carrying a Firearm into a Airport in North Carolina, so as long as the Firearm itself does not find its way beyond The Federally Regulated TSA Checkpoint, unless as luggage, and not under circumstances amounting to example 2 above, is not a Crime in North Carolina.
 

SMW

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I don't think anyone else has brought this up so I will: Obama was there so the place was probably crawling with secret service and any other kind of leo that could be drummed up. If secret service saw him, I don't expect that they would think about OC being legal in NC, they would only think about a man with a gun in the same area as Obama. But thats just my .02.
 

wylde007

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CarryOpen wrote:
Yes, a sidearm passes the "unusual and dangerous" test, but unless he was both intent on terrorizing and going about on public highways, the other two prongs fail.
It might pass dangerous, but unless it is the first firearm ever seen it hardly qualifies as "unusual".

Unusual AND dangerous.

A firearm is not unusual. And it is only dangerous in the hands of a criminal. A firearm is an inanimate object. It is no more dangerous than a rock or a stick or a pencil.

People are dangerous. This man was not dangerous.
 

Adam H

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wylde007 wrote:
It might pass dangerous, but unless it is the first firearm ever seen it hardly qualifies as "unusual".

Unusual AND dangerous.

A firearm is not unusual. And it is only dangerous in the hands of a criminal. A firearm is an inanimate object. It is no more dangerous than a rock or a stick or a pencil.

People are dangerous. This man was not dangerous.

According to the NC Supreme Court, a firearm is an unusual and dangerous weapon for the purposes of GATTTOTP. It doesn't matter that we don't think it is. Case law trumps our opinions any day of the week.

State v Huntley:
It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements--as a part of his dress--and never, we trust, will the day come when any deadly weapon will be worn or wielded in our peace-loving and law-abiding State, as an appendage of manly equipment
 
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