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Federal Court Rules Open Carrying Disorderly
Georgia Carry ^ | 11 May, 2010 | Georgia Carry

Posted on 05/11/2010 5:29:32 PM PDT by marktwain

GCO member Jesus Gonzalez’ federal lawsuit in Wisconsin was dismissed after the judge granted the defendants’ motion for summary judgment. In his lawsuit, Gonzalez challenged his arrest in two separate incidents for disorderly conduct when openly carrying in retail stores. The court found no specific disorderly conduct on Gonzalez’ part, but went on to observe:

“No reasonable person would dispute that walking into a retail store openly carrying a firearm is highly disruptive conduct which is virtually certain to create a disturbance. This is so because when employees and shoppers in retail stores see a person carrying a lethal weapon, they are likely to be frightened and possibly even panicky. many employees and shoppers are likely to think that the person with the gun is either deranged or about to commit a felony or both. Further, it is almost certain that someone will call the police. And when police respond to a “man with a gun” call, they have no idea what the armed individual’s intentions are. The volatility in such a situation could easily lead to someone being seriously injured or killed.”

A copy of the order can be found here.


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events
KEYWORDS: banglist; constitution; lping; opencarry; shallnotbeinfringed; wi; wisconsin
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Here is the link to the decision:

http://www.georgiacarry.com/gonzalez_westmin/

This is a strawman argument put forward by Judge Lynn Aldeman (a Clinton Appointee). He says that openly carrying a firearm is by definition (his definition) highly disruptive, though it is perfectly legal in Wisconsin and protected by the State Constituion. Then he uses this strawman to say the Wisconsin State Constituion doesn't protect it because the State Constituion doesn't say anything about protecting carrying of arms that is disruptive. This is what we get with Progressives. They define our rights and arguments out of existence. If it is so disruptive to carry a holstered pistol into a retail store, then how is it that police do it every day without causing panic and disruptions?

1 posted on 05/11/2010 5:29:33 PM PDT by marktwain
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To: Iowa Granny; Ladysmith; Diana in Wisconsin; JLO; sergeantdave; damncat; phantomworker; joesnuffy; ..
If you’d like to be on or off this Upper Midwest/outdoors/rural list please FR mail me. And ping me is you see articles of interest.
2 posted on 05/11/2010 5:34:07 PM PDT by SJackson (Jerusalem will remain the capital of Israel and it must remain undivided, Barack Hussein Obama)
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Comment #3 Removed by Moderator

To: marktwain
Good reason for denying federal protective services for the use of federal judges outside of working hours.

The way things are at present they have NO CONCEPT of what ordinary people face.

4 posted on 05/11/2010 5:34:28 PM PDT by muawiyah ("Git Out The Way")
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To: marktwain

Here is the previous story on Jesus Gonzalez:

http://www.freerepublic.com/focus/f-news/2244898/posts

Here is the link to the Decision by Judge Lynn Aldeman

http://www.georgiacarry.com/gonzalez_westmin/


5 posted on 05/11/2010 5:34:43 PM PDT by marktwain
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To: marktwain
How do we really know it is a real cop when one walks into a retail store with a holstered weapon?

If it is a real cop how do we know what his/her intentions are?
6 posted on 05/11/2010 5:36:03 PM PDT by randomhero97 ("First you want to kill me, now you want to kiss me. Blow!" - Ash)
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To: marktwain; Lurker

I thought you would be interested in this followup.


7 posted on 05/11/2010 5:36:22 PM PDT by marktwain
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To: SJackson

Please count me in your list, thanks.


8 posted on 05/11/2010 5:38:19 PM PDT by unspun (PRAY & WORK FOR FREEDOM - investigatingobama.blogspot.com)
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To: marktwain
So following that logic, we all have freedom of speech, but non PC speech is “provocative” and disruptive, so must be curbed.
9 posted on 05/11/2010 5:38:54 PM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: randomhero97
How do we really know it is a real cop when one walks into a retail store with a holstered weapon? If it is a real cop how do we know what his/her intentions are?

And how can we be sure that even a real police officer will use his weapons responsibly?

10 posted on 05/11/2010 5:39:24 PM PDT by unspun (PRAY & WORK FOR FREEDOM - investigatingobama.blogspot.com)
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To: marktwain

I wonder what store it was. Do they sell knives, baseball bats, chainsaws, pitchforks, lawn mower blades, (I saw Sling Blade)?


11 posted on 05/11/2010 5:46:37 PM PDT by davetex (All my weapons got melted by a meteor!! No Sh*t)
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To: mountn man
“So following that logic, we all have freedom of speech, but non PC speech is “provocative” and disruptive, so must be curbed.”

Exactly so. “Hatespeech” is the Orwellian start of that. Similarly, people who do not support the leftists become “non-persons”.

12 posted on 05/11/2010 5:46:39 PM PDT by marktwain
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To: davetex
“I wonder what store it was. Do they sell knives, baseball bats, chainsaws, pitchforks, lawn mower blades, (I saw Sling Blade)?”

It was a Menard’s in Milwaukee. They probably sell all of the above, as they sold garden supplies.

13 posted on 05/11/2010 5:49:49 PM PDT by marktwain
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To: unspun

Continuing to follow the reasoning...Whenever I see a Muslim, how can I know what his intentions are? He might explode! Or if I see a black man I don’t know if he will rob me or an obvious gay man might molest me or a liberal he might try to tax me. I just can’t be sure of their intentions and they make me uncomfortable so ban them all!


14 posted on 05/11/2010 5:50:06 PM PDT by DaveyB (Alcohol ,Tobacco and Firearms should be a convenience store not a bureaucracy!)
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To: marktwain

try walking into a restaurant with a pitchfork and a torch some time.. disruptive?

b-s

judges gone wild


15 posted on 05/11/2010 5:53:47 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Chuck DeVore - CA Senator. Believe.)
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To: DaveyB

LOL...excellent!


16 posted on 05/11/2010 5:54:07 PM PDT by evad (Jack has become "The Terminator")
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To: marktwain

I have a feeling this will be reversed on appeal, if it is appealed.


17 posted on 05/11/2010 5:55:19 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: marktwain

Well great now everyone can get a concealed weapons permit since open carry is disruptive and we have a Constitutional right to Bear Arms. Idiots


18 posted on 05/11/2010 5:59:26 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: DaveyB

Using absurdity to illustrate the absurd. Rush would be proud.


19 posted on 05/11/2010 6:01:17 PM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Lurker
I have a feeling this will be reversed on appeal, if it is appealed.

I am not at all certain about that, as it would be appealed to the 7th Circuit Court of Appeals in Chicago.

This is the court that refused to incorporate McDonald.

20 posted on 05/11/2010 6:01:43 PM PDT by marktwain
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