Say what? He was carrying in the mall in a car? He is so busted
Posted on 05/22/2010 6:28:57 AM PDT by marktwain
A man who openly carried a handgun in a holster Jan. 2 inside West Ridge Mall was convicted Wednesday in Topeka Municipal Court of transporting a firearm in an occupied motor vehicle.
Matthew C. Roberts, who was acquitted of carrying a concealed weapon, was sentenced to pay a $250 fine, plus court costs and fingerprinting charges on the transporting violation, a Class A misdemeanor.
The ruling came after a 90-minute trial before Municipal Court Judge Lloyd Swartz. The case was prosecuted by assistant city attorney Devon Doyle. Roberts, 20, of Topeka, was represented by attorney Carl Folsom III.
Roberts, who doesn't have a concealed-carry license, initially was charged only with violating the concealed-carry law.
But the complaint was amended Wednesday to also include the charge for which he was convicted, of violating a law that bans transporting any firearm in an occupied motor vehicle, unless that firearm is unloaded and encased in a container that completely encloses the firearm.
Roberts testified he carried the loaded gun in a holster on his right hip — clearly visible, with the jacket he wore tucked beneath it — as he and his friend, Aaron Juarez, entered Vintage Stock at 1930 S.W. Wanamaker Road about 7 p.m. Jan 2. Roberts said two Topeka police officers asked him at that location if he were exercising his right to openly carry a firearm, and he replied that he was.
Roberts testified he then put the gun in its case before driving with Juarez to West Ridge Mall, 1801 S.W. Wanamaker Road, where Roberts openly wore the gun in the holster as they entered the J.C. Penney store, then went into the general mall area.
Mall security guard Ray Whisenhunt testified he saw Roberts wearing the holstered gun inside the mall and confronted him, saying he was breaking mall rules. Whisenhunt said he asked Roberts to take the gun to his vehicle and radioed Topeka police Sgt. Byron Ensley, who was working that evening with mall security.
Ensley responded, and Whisenhunt said he showed him the truck to which Roberts and Juarez had gone in the mall parking lot.
Roberts said he sat in that truck and waited, realizing a police officer was en route.
He said he left his gun in his holster instead of putting it in its case because "I didn't want to mess with my gun when I knew a cop was coming."
Police reported they seized the handgun and a stun gun, which had been in Roberts' jacket pocket.
Prosecutor Doyle asked Roberts why he had carried a loaded handgun and a stun gun into the mall.
"For self-defense," Roberts replied.
Despite the prosecution's assertions to the contrary, Swartz concluded the city failed to establish beyond a reasonable doubt that Roberts violated a law that bans the concealed carry of any pistol, revolver or other firearm by anyone who doesn't have a concealed-carry license, except on the carrier's land or in his or her home or fixed place of business.
Swartz also said Roberts was legally entitled to carry the stun gun in his jacket.
This prosecutor, the judge, and the police should all be fired.
Say what? He was carrying in the mall in a car? He is so busted
Well, Kansas is now on my boycott list.
“This prosecutor, the judge, and the police should all be fired.” at.
Two of my in-laws were up in the mountains and had found a spot to do a little target practice. A female fish and game officer drove up the dirt road to check on them. My son in law, didn’t want her to get nervous so he took his Sig 226 out of its holster, set it on the truck tailgate and stepped away from it as she walked up to them.
She thanked him for his thoughtfulness, then wrote him a ticket for a loaded handgun in a vehicle.
Kansas should make it a priority to repeal this law.
Carjacking has been a widespread problem for a couple of decades now and it is time that all citizens should have ready access to firearms for self protection in their vehicles at all times.
All modern police training teaches LEOs to treat every motor vehicle stop as a potential confrontation with an armed and dangerous criminal so why force the law abiding citizen to travel unarmed.
One thing I have noticed over the years is that those Rangers, Like to bust you and keep you out of primo places where they go skinny dipping and smoke pot.
If the vehicle was not in motion; how is it considered to be “transporting” a firearm? It wasn’t going anywhere.
Good point
Fired and criminally charged under Title 18 Sect 242. Deprivation of Civil Rights under Color of Law. It is a felony that can carry a sentence of life in prison or even the Death penalty.
Examples must be made.
If not, then there is no law and we need to take steps personally to restore order.
She thanked him for his thoughtfulness, then wrote him a ticket for a loaded handgun in a vehicle.
I assume this was in California?
Fixed.
“Shall not be infringed, except for in cars”
“She thanked him for his thoughtfulness, then wrote him a ticket for a loaded handgun in a vehicle.”
I was shooting at Pawnee Grasslands in Northern Colorado and a Ranger wrote me a ticket for parking my truck three feet past the “No Motorized Vehicles” sign. I WAS in the wrong but that was a little silly. He was very polite about it though and we had a nice bit of ‘gun talk’.
I assume this was in California?
You betcha.
"She thanked him for his thoughtfulness, then wrote him a ticket for a loaded handgun in a vehicle."
If your son-in-law was in Kansas when that incident occurred, he has a valid defense to prosecution: His pickup was unoccupied at the time, and it was parked.
"Transportation" is, by definition, movement of objects from one point to to another.
By placing his handgun on the tailgate of a stationary vehicle, your S-I-L was no more "transporting a firearm in an occupied motor vehicle" than he would have been if he had placed his Sig on a table or upended oil drum.
Also, disregard what I just said if you plan on doing this in Philly.
Also, disregard what I just said if you plan on doing this in Philly.
Just as though the 2nd amendment doesn't exist.
Government doesn't have the right to "allow" what the 2nd amendment already shows as a God given right.
He was in CA. Whilst up in hunting areas, you can have an loaded long arm in your vehicle provided it is not chambered. No loaded handguns unless you have a ccw.
AH! His first -- and biggest -- mistake...
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