Author Topic: Sixth Circuit Court of Appeals to hear 2nd Amendment Case  (Read 38810 times)

0 Members and 5 Guests are viewing this topic.

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
July 18, 2012 at 9:00 am in Cincinnati Ohio. The Sixth Circuit includes Michigan. The Second Amendment Foundation and the Brady Campaign both filed amici against the appellant (me). Case # 11-5963 Embody v Ward.

Documents

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #1 on: June 26, 2012, 10:32:18 AM »
I didn't need to prove anything, I simply exercised a fundamental right. Open carry in a Tennessee State Park is lawful with a permit. The State Park rangers did not want me to exercise a fundamental right so they confronted, harrassed, and illegally detained me for nearly three hours.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #2 on: June 26, 2012, 11:26:40 AM »
Do you normally dress in camo every day?

I mean...it's cool by me...I support people's right to dress as they see fit. I know some people who wear their jeans down around their knees. It looks dumb but hey, everyone has a right to look or be stupid.
I Am Not A Lawyer (nor a gunsmith).

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #3 on: June 26, 2012, 11:34:46 AM »
Do you normally dress in camo every day?

I mean...it's cool by me...I support people's right to dress as they see fit. I know some people who wear their jeans down around their knees. It looks dumb but hey, everyone has a right to look or be stupid.

When it is winter and 30* out I sometimes wear my camoflauge coat. Especially when hiking on muddy trails.

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #4 on: June 26, 2012, 11:51:30 AM »
What's the deal with the Taurus Judge and pink grips? The orange muzzle nut was not an issue that day, it is only something the ranger has used to grasp at in desperation. Orange is not an illegal color to paint a gun. Toy guns are not illegal to possess in the park. In any case, I told the first park ranger who confronted me that the firearm was a handgun which had an 11.5 inch barrel and had never had a stock attached to it. I also showed him my carry permit. Further the aprk rangers in the depositions state that they were never threatened. How could they have been? I never said one word to anyone in the park except to answer the rangers questions and never aimed, pointed, or touched the handgun wth my hands during my hike.



Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #5 on: June 26, 2012, 04:51:15 PM »
Because I can.
That pretty much seems to be at the root of everything here:

The Draco AK47
The Cammo
The orange tip

..."because I can".

Let me tell you why I carry:

To defend myself and those I love
To educate the public that "good guys carry guns too"
To deter crime against me
To allow for a faster draw, should heaven forbid I need it.


..."because I can" isn't part of the reason...but that's just me.
I Am Not A Lawyer (nor a gunsmith).

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #6 on: June 26, 2012, 04:52:05 PM »
Because I can.

Ok, fine; Just wondered, because they were talking about making that a felony in MI. Wasn't sure if there was some advantage that someone would do that, other than to fake people out into thinking it's just a toy, then ambush them. Was that the plan?

Actually, it'd be a felony to take the orange tip off a toy...not visa-versa.
I Am Not A Lawyer (nor a gunsmith).

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #7 on: June 26, 2012, 06:31:41 PM »
Let me tell you why I carry:

To defend myself and those I love
To educate the public that "good guys carry guns too"
To deter crime against me
To allow for a faster draw, should heaven forbid I need it.


..."because I can" isn't part of the reason...but that's just me.

You should not be allowed to carry a gun because you might kill someone. You might scare someone. Someone could steal your gun and use it against you or others.

Offline yance

  • MOC Member
  • *
  • Posts: 442
  • First Name (Displayed): Adam
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #8 on: June 27, 2012, 07:26:28 PM »
People still "jive?"  ;D

Offline Bronson

  • Posts: 554
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #9 on: June 28, 2012, 01:14:55 AM »
Yeah, but his story doesn't.

Oh, a + for you.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #10 on: June 28, 2012, 08:46:04 PM »
Oh, a + for you.

Bronson

You're a good voice of reason and don't get enough credit...so a + for you.

I could give you 2 +'s, but that'd be an abuse of power :(
I Am Not A Lawyer (nor a gunsmith).

Offline autosurgeon

  • MOC Treasurer
  • MOC Member
  • *
  • Posts: 1056
  • First Name (Displayed): Ryan
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #11 on: June 28, 2012, 11:14:51 PM »
This story has taken so many twists and turns... well lets just say I wanted to see which way the wind was blowing now. Still every which way  ::)
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline CV67PAT

  • MOC Charter Member
  • Posts: 2615
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #12 on: June 29, 2012, 12:59:51 AM »
Oh, a + for you.

Bronson

You're a good voice of reason and don't get enough credit...so a + for you.

I could give you 2 +'s, but that'd be an abuse of power :(

That's OK. I gave him one. And my sock puppet gave him one for you.  ;)
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #13 on: July 27, 2012, 10:22:57 AM »
Audio of the oral arguments


Offline METL

  • Posts: 632
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #14 on: July 27, 2012, 02:26:16 PM »
What is their RAS to be able to seize and measure the weapon in the first place?





Offline bigt8261

  • MOC President
  • MOC Board Member
  • ******
  • Posts: 1482
    • Michigan Open Carry, Inc
  • First Name (Displayed): Tom
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #15 on: July 27, 2012, 03:48:11 PM »
Did I hear correctly that the lady representing the government didn't think the 2A applies to parks?

Either way, she definitely sounded like she didn't know what she was talking about. Of course, that probably means very little as to how the case will be decided.

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #16 on: July 27, 2012, 07:23:23 PM »
What is their RAS to be able to seize and measure the weapon in the first place?

They are claiming that the RAS are complaints of a man with a gun, the orange barrel nut, the camouflage jacket I wore, that some man put up his hands, the fact that I had a gun, and that the barrel was 11.5 inches in length.

If I lose case law in the 6th circuit will accept some or most of those factors as RAS to stop anyone lawfully carrying a gun.


Offline CV67PAT

  • MOC Charter Member
  • Posts: 2615
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #17 on: July 27, 2012, 08:30:59 PM »
I didn't "assert" anything. It's clear as day on the tape. You asked for a supervisor and was told it could take a while. You agreed to wait. Your own attorney had a hard time countering that.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline kwikrnu

  • AmmoDump
  • *
  • Posts: 41
Re: Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #18 on: July 27, 2012, 08:49:35 PM »
You lost. Face it. You made it harder for all gunowners  because you wanted to be an attention whore and it backfired on you. You lost. Therefore you're a loser. Plain and simple. Face it, it was the first time in history that two diametrically opposed organizations came together in opposition to a civil rights appeal. Suck it up like a man and move on. YOU LOST!!! I can with no stretch of imagination expect a ruling in your favor. Your lawyer even had a difficult time trying to defend your asinine conduct.

SAF and brady are not "diametrically opposed". LOL The SAF does not want open carry, they are for regulated carry schemes. They just don't want as much regulation as the brady campaign.

I will appeal any loss to the supreme court.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Sixth Circuit Court of Appeals to hear 2nd Amendment Case
« Reply #19 on: July 27, 2012, 11:10:31 PM »
You do realize an appeal to SCOTUS isn't by "right". You have to convince them why they should hear the case. Good luck without a lawyer.
I Am Not A Lawyer (nor a gunsmith).