Posted on 05/14/2015 6:13:37 AM PDT by OK Sun
From the Sixth Circuit federal court of appeals decision today in Northrup v. Toledo Police Dept.:
On a midsummer evening, Shawn and Denise Northrup went for a neighborhood walk with their daughter, grandson, and dog. Apparently in a happy-go-lucky mood, Shawn wore a t-shirt reading, “This Is The Shirt I Wear When I Don’t Care.” Shawn carried a cell phone, which he holstered on his hip — next to a black semiautomatic handgun.
A passing motorcyclist stopped to complain about Shawn’s visible firearm. The stranger, Alan Rose, yelled, “[Y]ou can’t walk around with a gun like that!” But “[O]pen carry is legal in Ohio!” Denise responded. As the Northrups walked away, Denise and Rose exchanged increasingly unprintable words until he was out of view (and earshot).
Rose called 911, reporting that “a guy walking down the street” with his dog was “carrying a gun out in the open.”
The police eventually arrived, ordered Northrup to stop, demanded that he turn over the gun, handcuffed him, and kept him handcuffed in a police car for 30 minutes. Eventually, they let him go, and all charges were dropped. Northrup sued, and the Sixth Circuit allowed the case to go forward:
(Excerpt) Read more at washingtonpost.com ...
Good. Now she the cops personally for deprivation of rights under false color of authority. Agitate to get them charged criminal under federal statutes as well.
L
Not to mention the motorcyclist.
Colorado is an open carry state. Very common outside the big cities. Denver will jail and prosecute open carriers. Other cities just harass open carriers. What good are laws if the police break them as a matter of routine?
Denise (the open-carrier's wife) was of course correct in her position. But it is usually best to just state your position, and then leave it as that.
As Billy Joel once said: You should never argue with a crazy mind, you ought-a know by now.
Hopefully he will reach an “understanding”, if not a legal agreement, with the Toledo police that the agitator in this case Mr. Rose, be cited for “disturbing the peace”.
It is important that he does so, because at least one of the anti-gun groups has encouraged its members to do “hue and cries” to police when they see a legally armed person in public, *figuring* that they can get away with this harassment. Getting a big ticket for disturbing the peace would do much to stop them from misusing the police this way.
Because Denver is a "home rule" city, I guess because it is the capitol. My solution? Never go there, never spend money there.
We had a case a few years back in Virginia of a man arrested for open carrying in violation of a Norfolk ordinance. The case finally went to the Virginia Supreme Court where it was ruled that Virginia law allows open carry and no municipality can pass or enforce a law that overrides Commonwealth (state) law.
Denver sucks. I don’t get the home rule thing overriding state law. Oh well....
This guy should be paid MILLIONS, and Alan Rose should be under, not in, federal PMITA prison, for accessory to deprivation of civil rights under color of law.
'Home Rule' is unconstitutional bilge, but Democrats and Republicans both support it. Traitors.
I don’t get the home rule thing either.
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