Loaded Gun Statute Used in Helena for Prosecution

[MontanaCZ]

No, not really OC related per se, but this controversial law is being used to prosecute in this case.

Case in the news: http://www.kxlh.com/news/morgan-charged-after-pointing-gun-at-man-she-thought-was-a-fugitive/

Relevant piece: HELENA - Robin Renee Morgan of East Helena appeared in a Helena courtroom on Tuesday, facing a charge of assault with a weapon and violating city ordinance for carrying a loaded weapon in the city.

This law was discussed before here: http://forum.opencarry.org/forums/s...a-Party-Challenging-Helena-City-Gun-Ordinance

 

[slapmonkay]

violating city ordinance for carrying a loaded weapon in the city.

Not sure how that would stand up in court if she gets a decent lawyer of any kind, state preemption should apply.

 

[skidmark]

The city's "no loaded guns" charge probably will be dismissed with prejudice due to preemption.

The assault charge should stand.

According to Helena Police Chief Troy McGee, officers were dispatched to Lyndale Avenue and Jackson Street shortly before 9 p.m. on Monday after receiving a report that someone in a red car - later identified as Morgan -had pulled over a blue Ford truck, and the woman in the red car was pointing a gun at the driver of the truck.

Police received another call stating that the woman was pointing a gun at Gary Hansen, who is wanted in Cascade County on charges of incest.

Chief McGee says that officers arrived with guns drawn and ordered Morgan to put her gun down; she complied, placing the 9-mm pistol back into her car. The officers detained her and the person she had been holding at gunpoint.

The person was not Gary Hansen.

Morgan is not a cop. She probably has no training on holding a suspect at gunpoint. From the very little information given it does not sound like she followed even the most basic of procedures. But even if she hadf him proned out by the book - she is not a cop.

Given that the driver she was holding at gunpoint was not the wanted suspect she thougt he was, she may wind up facing kidnapping and/or illegal detention charges as well as the assault with a weapon charge.

Incest is not considered a violent felony. There is no information that Gary Hansen had resisted arrest by force thus justifying the display of guns by police officers when being arrested by police officers.

If Morgan thought the driver was Hansen and had a reasonable belief that he was a wanted person she should have dialed 9-1-1 and reported his location. She could even pull a Zimmerman and followed him so the police would know where to go and actually arrest him.

As they say, it is usually bad law that makes good changes in the law. This may be the impetus to rule preemption does in fact bar the loaded gun statute. But I'll bet all they will do is dismiss it.

stay safe.