NH: Seized by the Manchester Police for Open Carry (vanity)

self | March 29, 2004 | Michael Pelletier

[Travis McGee]

Legal ping.

[Teacher317]

Here's to hoping you make it a sucessful case. I'm really tired of having to be "ashamed" to exercise my Rights.

[Blood of Tyrants]

Hey, I agree with you about open carry. Tennessee issues licenses for carrying of a gun, whether openly or concealed is your choice.

Simply possessing it openly is not evidence that you have committed a crime or have any intention of committing one. However, the vast majority of people have been conditioned to panic like sheep at the mere sight of a gun in the possession of anyone other than a police officer and LEO's in most states are used to being the only ones allowed to carry.

You are not apt to get any sympathy from a judge in this case. Strike one up to experience and make sure that your gun is concealed from now on.

[archy]

Evidently it wasn't the management who got particularly alarmed by my sidearm, but rather store patrons with cellphones, according to the officers. Probably some of the 75,000 Massachusetts transplants.

There are more than 5000 members of the Free State Project, with 15,000 more coming, hoping to help those in NH do something about those 75K Massachusetts carpetbaggers, which presumably will convince many of them to flee for their preferred liberal pastures. Say but the word, and I'll happily bring the attention of those who also happen to be FReepers to this thread. I presume you're aware that if there's been even one other such example of such conduct by that NH police department, that they such conduct may be a part of a continuing pattern of criminal activity on their part, Criminal Racketeering under federal as well as possible state laws against civil rights violations. Accordingly, their felony criminal conduct becomes not simply a matter of a possible civil lawsuit by you, but grounds for a possible federal criminal investigation of those officers of that department for other criminal acts as well. I certainly you'll take your responsibility to deal with such criminals hiding behind badges, who've perjured their oths to support the constitution of the US and serve the people of New Hampshire, rather than their own condescending and self-serving attitudes of a society run according tyo how they would like it to be.

If they were carrying weapons at the time of their attack on you, please note that federal law provides for prison terms of ten years imprisonment for those so convicted; and other federal statutes [Section 241 et seq.] may also apply. Also please note that under federal sentencing guidelines regarding the carry of a weapon during a felony federal crime, those officers face that 10 year sentence as a mandatory requirement; and that there is no parole arrangement under the federal system; as in the sentencing of those LAPD officers convicted, sentenced and jailed in the Rodney King beating and civil rights violation case.

Title 18, United States Code, U.S. Criminal Code;
Section 242: - Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

[Blue Collar Christian]

Michael, it bothered me too that you were not paying attention to retain your firearm. I'd consider this a CHEAP lesson on weapon retention.(though I am mighty irritated by the behavior of the(good?)citizen that called in his/her problem, and the subsequent behavior of the police)

I realize you were using the IWB holster in the small of your back for concealed carry, but exposed carry in the small of your back is only good for leaning with your back against the wall.

[AppyPappy]

Why is your sidearm opern-carried in the small of your back?

Agree. When I carry, I carry in a front pack. You are just inviting someone to grab the gun. Imagine carrying your wallet like that.

[Blood of Tyrants]

this necessity to minimize risk does not override the fundamental right guaranteed to all citizens of this State and Nation to be free from arbitrary exercise of the police power while lawfully going about their business.

Unfortunately the sheeple woulr rather have the safety of bondage. Baaaaaad! Baaaaad gun! Baaaaaad!

[spunkets]

That law depends on racial motive for application.

"... on account of such person being an alien, or by reason of his color, or race,...

The R. King event was not racially motivated. The nightstick response was motivated by King's vicious wacked out behavior. The defense failed to counter the rat prosecutor's BS. Race didn't matter. They'd have pounded anyone that led them on a 100 MPH chase and refused to stop fighting. Note the others in the car put their hands up and were never touched. The only one touched was the fat boy that kept swinging away.

[Fiddlstix]

[Henrietta]

"... it really irritates me that LE walk around with an attitude, carrying their jackets while wearing their weapons in sight."

Me, too. The swagger is just galling, isn't it? Personally, I think that cops should be required to check their duty weapons when they leave the station and apply for a permit to carry off-duty, just like everybody else.

[Henrietta]

"Cops exist to "protect and serve", not "intimidate and dominate"."

Oh, if only most cops felt that way. Unfortunately, most of them have become the standing army that our forefathers feared.

[archy]

That law depends on racial motive for application. "... on account of such person being an alien, or by reason of his color, or race,...

Not so. Back your quotation up to be a little more inclusive, and you'll find it reads as follows:

"...or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color..." The R. King event was not racially motivated. The nightstick response was motivated by King's vicious wacked out behavior. The defense failed to counter the rat prosecutor's BS. Race didn't matter. They'd have pounded anyone that led them on a 100 MPH chase and refused to stop fighting. Note the others in the car put their hands up and were never touched. The only one touched was the fat boy that kept swinging away.

That must have been a great comfort to former police officer Stacy Koon, now a convicted felon. as he sat in his jail cell and told himself what a swell fella he was. But those cops will never again work in law enforcement, and you wouldn't either if you ever refer to the plaintiff in such a case as the *fat boy who kept swinging away* when other officers on the scene swear otherwise. In which case, enjoy the recreational periods with your new cellmate, as Koon and Laurence Powell did for two years-plus.

[ibbryn]

Great letter, glad you came through with no charges, injuries or problems.

Use this "teachable moment" to educate some of the sheeple as well as your local flatfoots. If you have time, fire off a much shorter version of the letter to your local media. They probably won't publish, but if they do you may swing a few fence sitters.

Sad to say, but hinting at assault charges and a lawsuit will probably go farther in making sure no one else has your experience than telling the Chief about the wolf/sheep/sheep dog. I'm guessing he doesn't want you in the sheep dog category and would prefer we were sheep.

[blackie]

Be Ever Vigilant!

FMCDH!

[spunkets]

Re:*fat boy who kept swinging away* That's King, not Koon.

The law requires racial, or alian motive, else it does not apply. Punishments, pains and penalties are not motives, they are imposed, because of motive.

" That must have been a great comfort to former police officer Stacy Koon"

The prosecutor did what he did with the judge's help and the jury believed him. It was up to Koon's and Powell's attys to counter the BS. Juries aren't required to believe in reality and neither are judges. The atty's just give it their best efforts.

[Chip_Douglas]

I'm over in Londonderry and from my experience with the LPD I'm not gonna be carrying openly any time soon. I'm scared that I'll go down in a hail of gunfire if they see me carrying. It seems like everywhere you would go there would be citizens reporting you.

[in the Arena]

Your officers should have enough experience and common sense to evaluate the totality of the circumstances – my attire, my demeanor, the fact that most armed criminals don’t carry openly, etc. – and take action on that basis, rather than on the basis of a paranoid fear of armed citizens which they evidently share with those who called upon them.

Great letter. I think you might have meant 'alarmed' in the above. Keep us posted.

[TLI]

The open carrying of a firearm is not inherently threatening behavior, even when it makes someone from Massachusetts pee their pants and hyperventilate.

This syndrome appears to be spreading.

[in the Arena]

My bad...I on #77...I read that incorrect and thought you were referencing the the people that called the police...

[Donaeus]

Looks like you have the situation well in hand, your knowlegeable and eloquent letter would make the Founders proud. I hope things continue on the right path, if not you know where to call the cavalry.