Open Carry at Obama Rally Nets Arrest
Not for legally carrying the gun openly, nor for where he legally carried it — in a park — but for creating a public disturbance:
Noble said in an interview before the hearing that he never intended to cause a ruckus, and he wasn’t there to make a statement. He was there, he said, to distribute gun-rights literature and “mirror” Obama’s comments.
However, prosecutors presented evidence that he had planned the appearance in advance “to test what would happen.”
[…]
State Police Trooper Shawn Schexnaildre, the arresting officer, testified that Noble’s gun was loaded with 14 rounds, including one in the chamber ready for firing. He described Noble as a “pleasant gentleman” and “not hostile in any way.” Noble cooperated with his questioning, he said. The first question was about the gun.
“He looked me right in the eye and said, ‘I’m here to show Mr. Obama that Pennsylvanians still cling to their guns and religion,’ ” the officer said.
Schexnaildre said Internet postings on two Web sites indicated that Noble planned the incident.
This excuse by cops — that someone openly carrying — creates a public disturbance is a long used canard to deprive people of their right to self-defense. It’s been used in states all over this country. Virginia restaurants come to mind. All it takes is for some wimp to complain — in this case, incredibly, a CCW permit holder — and you’re busted even if your fingers never approached your holster.
The fact that it was during a presidential candidate’s rally shouldn’t make one whit difference.
Yes, you have the right to open carry — but not if anyone sees you doing it!
6 Responses to “Open Carry at Obama Rally Nets Arrest”
on 07 Oct 2008 at 9:38 am # Steve in TN
And this guy couldn’t have handed out the literature WITHOUT open carry?
Come on, every time some well intentioned but misguided advocate does something like this it backfires on us. We know where confrontation works… IN THE COURTS!
Getting confrontational with street cops is the absolute worst way to advocate for our cause. Seeking confrontation is even worse. All 99% of the street cops want to do (speaking as a former peace officer) is do what they can to make the neighborhood safe for law abiding folks while surviving to tuck their kids in or see them off to school, depending on shift.
Cops at an event, especially when it involves a protected principle like a presidential candidate, are at a very high alert state — with a sustained pucker factor that most people couldn’t tolerate for more than a nanosecond. That’s a poor choice of targets…
on 07 Oct 2008 at 10:11 am # Rick C
I don’t see anywhere that any kind of ruckus or confrontation was caused. Another CCW holder saw his holster and called the cops.
Kim du Toit mentioned another case of this just last week, where a woman showed up at a soccer game armed, and said the same thing, that it was a bad idea.
I dunno. My comment there was that there was a time when OC was considered honorable, and CC sneaky. I’m not sure how not carrying openly in public helps us get back to that place (assuming it’s a good idea) even while I sympathize with the argument that such things should happen gradually.
on 07 Oct 2008 at 10:26 am # DëMöN
It seems open carry is legal in that location. There should be no real cause for anything besides a slap on the wrist. Should he have done it? Maybe not. Does he have the right to do it? Yes. Would i do it? Hell Yeah i would!
on 07 Oct 2008 at 12:17 pm # JD
It may have been in his rights to do this, but it is not helping us on the pro gun side to scare the soccer moms at a rally like this. I think he would have done more for our side without the gun or carrying it concealed and handing out info to actually get some education out to these folks.
Getting busted may make him feel like a protester but we need to win votes, not get arrested to win this. . . .
on 07 Oct 2008 at 2:34 pm # straightarrow
sorry, but I cannot agree with people who say it’s reasonable to expect to be harrassed for breaking no law, for causing no problem, and just going about your business peaceably.
I cannot agree with people who are more worried about offending someone who has no logical reason to be offended or frightened than are worried about letting our rights atrophy of non-use.
That is the thinking that got us to this point. It is time, well past time, to exert our legal rights with the full expectation of being left alone so long as we are peaceful and law-abiding. We are not responsible for the unreasonable fear and trepidation of our fainter hearted brothers. By accepting responsibility for their emotional nonsense we place our rights in jeopardy.
We should rather demand that they be responsible for growing up, and if they can’t then they should stay home or pretend they are grown up. Hell it might actually encourage them to grow once they see the reality of no harm to themselves because another person exercises his rights peaceably and within the law.
Would you advocate for arrest and detention of someone wearing a penis because someone else was uncomfortable with it being in a public place and might be used to rape? If not, why not? That is just as sensible a scenario.
on 07 Oct 2008 at 2:45 pm # 1IDVET
JD
I feel your argument is flawed.
It is legal to OC and it doesn’t matter one whit whether, or not some soccer mom gets flustered at the site of it.
The point is, it is legal, regardless of the nut cases on the left, including the soccer mom.
The guy with the CCW that whined about it is the one who should receive the derision for this episode. He was probably mad because he had to jump through hoops to get the CCW and here was some schlep that was openly carrying without all the hoops.
And the cops hanging a disturbing the peace charge is absolute BS.