Author Topic: Man arrested for open carry in Bald Knob  (Read 13769 times)

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Offline CitizensHaveRights

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Man arrested for open carry in Bald Knob
« on: August 22, 2015, 08:52:54 AM »
http://www.katv.com/story/29854444/man-arrested-for-open-carry-in-bald-knob

(Attorney General) Rutledge says the way the law is written, she believe it allows people to openly carry a gun as long as that person isn't planning on using the gun for criminal activity.

“That is a clean, clear reading of that statute,” said Rutledge.

http://www.katv.com/story/29280564/attorney-general-addresses-conflicts-over-open-carry
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #1 on: August 23, 2015, 09:48:16 PM »
I'm confused on the disorderly charge.  Apparently he was "disorderly" simply by OCing.  If so, that's not going to fly.

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #2 on: August 23, 2015, 11:05:14 PM »
Yes, looks like he was arrested under state law for conduct the state AG has declared lawful, with an additional fabricated charge just in case the first one doesn't work.

However, if he doesn't have video of the whole incident, the arresting officer is free to fabricate activity which would be considered disorderly.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #3 on: August 25, 2015, 08:21:43 PM »
UPDATE

Richard Chambless has been found guilty of illegally carrying a weapon in Bald Knob.  He has been given 1 year probation, 15 days in jail, and a $2,160 fine. 

Did the judge rule that OC was not legal?

What piss-poor reporting.

Same link as above: http://www.katv.com/story/29854444/man-arrested-for-open-carry-in-bald-knob

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #4 on: August 25, 2015, 08:36:19 PM »
Just the bare facts and no story.
Still don't even know if it was a jury  or bench trial.
How can you be convicted beyond a reasonable doubt when the state's AG says you didn't do anything illegal?
A Google search just finds the link we have and a twit feed from the same station:

Marine Glisovic KATV ‏@KATVMarine 45m45 minutes ago

Moments before the guilty verdict, White Co. Judge Mark Derrick asked why the legislature "screwed this up" in 2013 @KATVNews
7 retweets 1 favorite
KATV News retweeted
Marine Glisovic KATV ‏@KATVMarine 56m56 minutes ago

1 year probation, 15 days in jail and $2160 fine for Richard Chambless found guilty of illegally carrying a weapon in Bald Knob
@KATVNews
10 retweets 4 favorites
KATV News retweeted
Marine Glisovic KATV ‏@KATVMarine 59m59 minutes ago

BREAKING: Richard Chambless found GUILTY of illegally carrying a weapons in Bald Knob
@KATVNews
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #5 on: August 25, 2015, 10:17:18 PM »
Bench trial.  He was called up at the end of the day (about 5:30 PM).  In the video the cop yelled to the OCer Chambless to show him in the law where it says OC was legal.  Chambless said that the law did not make it illegal, therefore it was legal.  The cop was having none of it.

Idiot.

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #6 on: August 26, 2015, 05:55:10 AM »
I would have demanded a jury trial, and put myself on the stand.
"The cop arrested me because I dared to disagree with him.
I did it because the AG said it was legal, and I disagreed with the cop because the AG disagrees with the cop"

If you can't at least get a hung jury out of that no matter what the judge's instructions are, you need to find another community to live in.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline part deux

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Re: Man arrested for open carry in Bald Knob
« Reply #7 on: August 26, 2015, 11:52:20 AM »
Here's the problem

Cop doesn't believe in OC, and AG opinions are exactly that, opinions.

Cop has ZERO ramifications for making the arrest for behavior he doesn't agree with, and in this case found a court willing to agree with his opinion.  Poor guy has to put out his hard earned cash against unlimited legal funds.

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #8 on: August 26, 2015, 07:30:47 PM »
An appeal is filed and his sentence has been stayed till Circuit Court of White County tries the case.

There is an armed get-together being organized.

+++++

So 15 days jail, $2,160 fine + 1 year probation...sad day for freedom in Arkansas.

Apparently the Police Chief was charged with assaulting his fiancee in 2011, yet Chambless did absolutely nothing wrong but got charged and found "guilty". What kind of BS topsy-turvey world we living in?

http://forum.opencarry.org/forums/showthread.php?130835-Open-carry-prosecution-interesting-comments-by-police-chief&p=2157494&viewfull=1#post2157494

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #9 on: August 31, 2015, 06:41:42 PM »
Eyewitness account of Chambless' bench trial.  What a mockery of justice.

http://www.thearkansasproject.com/what-i-saw-at-the-trial-or-dustin-mcdaniels-revenge/

Synopsis:

The defense attorney made an opening statement arguing that to prove that the defendant was breaking the law, the prosecution would have to demonstrate that the defendant was carrying a weapon with an unlawful purpose – so “in order to find him guilty, you’ve got to say that self-defense is illegal in the state of Arkansas.”

After that it went downhill fast.

The prosecution called several witnesses that stated someone carrying a gun is scary.  The prosecutor then concluded that was proof that Chambless was guilty of disorderly conduct.

The Chief of Police was asked what evidence there was of Chambless’ unlawful conduct.  He explained that Chambless’ weapon was not properly holstered.  Therefore Chambless was guilty of illegally carrying a weapon. I guess.

The prosecutor then stated that there was no need to carry a gun into McDonald’s, essentially arguing that Chambless had to prove his innocence, not that the prosecutor had to prove his guilt. (This is known as improperly shifting the burden of proof).

The judge at first said that he thought the law allowed open carry, asking “Doesn’t that statute provide that, as long as you’re not doing something illegal, you get to carry it?” but then said the law confused him.  The defense argued then that according to the "rule of lenity" Chambless should be found not guilty.

The judge finally concluded, “I just don’t think you have the right to carry a loaded gun in public under this statute,” and told Chambless that his behavior was “physically offensive.”

He then found him guilty of both carrying a weapon and of disorderly conduct.
« Last Edit: August 31, 2015, 07:04:48 PM by gryphon »

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #10 on: August 31, 2015, 06:47:29 PM »
Arkansas AG issues new opinion on open carry: it's legal!

While I do not encourage “open carry,” it is my opinion that if a person does not have the intent to “attempt to unlawfully employ a handgun…as a weapon against [another],” he or she may “possess a handgun…on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use” without violating § 5-73-120(a) as amended by Act 746.

http://ag.arkansas.gov/opinions/docs/2015-064.html

However, Arkansas is a "constitutional carry" state, but the AG wrote that--apparently--it's not:

The laws requiring a license to carry a concealed handgun still have full force and effect. Nothing in Act 746, § 5-73-120(a), or this opinion is intended to suggest that a person may carry a concealed handgun in public without a properly issued concealed-carry license. A person may not lawfully carry a concealed handgun in public without a properly issued concealed-carry license. I believe this necessarily follows from the concealed-carry licensing scheme that predates Act 746 and that, in my opinion, was unaffected by Act 746.

Good discussion on OCDO about this:

But what law, though, requires a license to carry a concealed handgun? Previously, § 5-73-120 could be said to have constructed this requirement with its various subcomponents and in combination with other laws, but no longer, since unlawful intent is now necessary to be in violation.

http://forum.opencarry.org/forums/showthread.php?130901-Attorney-General-official-opinion-open-carry-is-legal

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #11 on: August 31, 2015, 07:02:17 PM »
There ya go:
The Honorable Judge Twistedpanties concludes that because attention seeking OC crybabies are committing Disorderly Conduct by the mere fact that you can see their sidearms (I guess the entire state's uniformed LEO population belongs behind bars, eh?), they are by definition not carrying for a lawful purpose, and therefore the defendant is guilty, guilty, guilty.

Meanwhile, AG Leslie concludes that because gun-hiders are up to no good, the same law that legalizes simple OC cannot legalize simple CC, for no unlicensed CCer could possibly have a lawful reason to CC.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #12 on: August 31, 2015, 07:09:47 PM »
There is so much wrong with those last two posts of mine.  The trial was a joke and the AG's opinion was a 17-page rambling mess that throws CCers under the bus if they are outside of their home county and conflicts with 2013 law.

http://ag.arkansas.gov/opinions/docs/2015-064.pdf
« Last Edit: August 31, 2015, 07:17:26 PM by gryphon »

Offline CitizensHaveRights

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"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline Divegeek

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Re: Man arrested for open carry in Bald Knob
« Reply #14 on: September 14, 2015, 10:42:10 PM »
I'm unaware of any federal law that prohibits firearms from cosmetology schools

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #15 on: September 17, 2015, 10:10:55 AM »
Police chief's truck torched, was it by 2A supporters, 2A opponents, or the police?

http://www.katv.com/story/30049183/open-carry-retaliation-bald-knob-police-chiefs-truck-vandalized
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #16 on: September 17, 2015, 10:18:42 PM »
There's a lot of stupidity in the reader comments.  My head hurts.

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #17 on: September 20, 2015, 10:46:52 PM »
Two Arkansas men wearing guns on their hips ended up detained after they started taking photos of a police department.

But it wasn’t the guns the Bald Knob cop was worried about as it is legal to open carry in Arkansas. Supposedly.

It was the photos.

“I’m not playing around,” said Bald Knob police officer Chester Wright after pulling up in his patrol car and coming to a screeching stop.

“Are we being detained,” asked Kalab White, a 22-year-old open carry advocate who regularly does audits on Arkansas police departments and their reaction to open carry.

Wright confirmed they were being detailed, ordering them both to place their hands on the hood of his patrol car.

“Under the suspicion of what crime” White asked, keeping the phone in his hand, letting it continue recording.

“Taking pictures,” Wright  responded.

http://photographyisnotacrime.com/2015/09/arkansas-cops-detain-men-for-photographing-police-department-while-open-carrying/

Here's a fun quote from the story:
White says there is speculation that Balentine may have set the fire himself and may be on the verge of losing his job, so this story is far from over.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #18 on: September 21, 2015, 07:43:46 AM »
White says there is speculation that Balentine may have set the fire himself and may be on the verge of losing his job, so this story is far from over.

When the chief's truck was torched, I wondered about that myself.

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #19 on: September 21, 2015, 08:19:11 AM »
TV news report: The chief says he does not get any gain from the fire because "I owe too much on the vehicle".

http://www.thv11.com/story/news/2015/09/16/bald-knob-police-chiefs-truck-vandalized-overnight/32518569/

Welcome to backwards-land: The chief claims that owing too much on a car is NOT a motive to commit arson and insurance fraud!!!!

Nice trick. Stating your main potential motive, and claiming it is proof that you are not the culprit. Obviously he's used to people believing anything that comes out of his mouth.

Also, he's from the Fudd school of OC haters, and his badge tells him that only his opinion matters:
Chief Balentine says he is pro-gun, but he's just not pro open carry.

"They think I'm saying no guns at all, “said Chief Balentine. "I don't walk into any business or restaurant with my gun showing to draw attention to myself, when it's going to cause more problems.”
« Last Edit: September 21, 2015, 09:06:27 AM by CitizensHaveRights »
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline CitizensHaveRights

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"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

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Re: Man arrested for open carry in Bald Knob
« Reply #21 on: September 23, 2015, 09:58:48 PM »
One comment said the chief was taking a job as chief in Beebe, Arkansas.  Can't confirm.

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #22 on: September 23, 2015, 11:41:56 PM »
I wonder if the city council in Beebe has ruled he is not to arrest any more OCers?

Wayne Ballew is the chief on Beebe's web page, but he looks old enough to retire.
http://www.beebeark.org/departments/police-department
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline CitizensHaveRights

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Re: Man arrested for open carry in Bald Knob
« Reply #23 on: September 25, 2015, 09:07:20 AM »
A comment on another forum says he applied for a position in Beebe.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?